Illinois-2023-SB1797-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1797

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

SYNOPSIS AS INTRODUCED:

See Index

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

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A BILL FOR

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1 AN ACT concerning regulation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Public Labor Relations Act is

5 amended by changing Sections 3 and 7 as follows:

6 (5 ILCS 315/3) (from Ch. 48, par. 1603)

7 Sec. 3. Definitions. As used in this Act, unless the

8 context otherwise requires:

9 (a) "Board" means the Illinois Labor Relations Board or,

10 with respect to a matter over which the jurisdiction of the

11 Board is assigned to the State Panel or the Local Panel under

12 Section 5, the panel having jurisdiction over the matter.

13 (b) "Collective bargaining" means bargaining over terms

14 and conditions of employment, including hours, wages, and

15 other conditions of employment, as detailed in Section 7 and

16 which are not excluded by Section 4.

17 (c) "Confidential employee" means an employee who, in the

18 regular course of his or her duties, assists and acts in a

19 confidential capacity to persons who formulate, determine, and

20 effectuate management policies with regard to labor relations

21 or who, in the regular course of his or her duties, has

22 authorized access to information relating to the effectuation

23 or review of the employer's collective bargaining policies.

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1 Determinations of confidential employee status shall be based

2 on actual employee job duties and not solely on written job

3 descriptions.

4 (d) "Craft employees" means skilled journeymen, crafts

5 persons, and their apprentices and helpers.

6 (e) "Essential services employees" means those public

7 employees performing functions so essential that the

8 interruption or termination of the function will constitute a

9 clear and present danger to the health and safety of the

10 persons in the affected community.

11 (f) "Exclusive representative", except with respect to

12 non-State fire fighters and paramedics employed by fire

13 departments and fire protection districts, non-State peace

14 officers, and peace officers in the Illinois State Police,

15 means the labor organization that has been (i) designated by

16 the Board as the representative of a majority of public

17 employees in an appropriate bargaining unit in accordance with

18 the procedures contained in this Act; (ii) historically

19 recognized by the State of Illinois or any political

20 subdivision of the State before July 1, 1984 (the effective

21 date of this Act) as the exclusive representative of the

22 employees in an appropriate bargaining unit; (iii) after July

23 1, 1984 (the effective date of this Act) recognized by an

24 employer upon evidence, acceptable to the Board, that the

25 labor organization has been designated as the exclusive

26 representative by a majority of the employees in an

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1 appropriate bargaining unit; (iv) recognized as the exclusive

2 representative of personal assistants under Executive Order

3 2003-8 prior to July 16, 2003 (the effective date of Public Act

4 93-204), and the organization shall be considered to be the

5 exclusive representative of the personal assistants as defined

6 in this Section; or (v) recognized as the exclusive

7 representative of child ~~and day~~ care home providers, including

8 licensed and license exempt providers, pursuant to an election

9 held under Executive Order 2005-1 prior to January 1, 2006

10 (the effective date of Public Act 94-320), and the

11 organization shall be considered to be the exclusive

12 representative of the child ~~and day~~ care home providers as

13 defined in this Section.

14 With respect to non-State fire fighters and paramedics

15 employed by fire departments and fire protection districts,

16 non-State peace officers, and peace officers in the Illinois

17 State Police, "exclusive representative" means the labor

18 organization that has been (i) designated by the Board as the

19 representative of a majority of peace officers or fire

20 fighters in an appropriate bargaining unit in accordance with

21 the procedures contained in this Act, (ii) historically

22 recognized by the State of Illinois or any political

23 subdivision of the State before January 1, 1986 (the effective

24 date of this amendatory Act of 1985) as the exclusive

25 representative by a majority of the peace officers or fire

26 fighters in an appropriate bargaining unit, or (iii) after

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1 January 1, 1986 (the effective date of this amendatory Act of

2 1985) recognized by an employer upon evidence, acceptable to

3 the Board, that the labor organization has been designated as

4 the exclusive representative by a majority of the peace

5 officers or fire fighters in an appropriate bargaining unit.

6 Where a historical pattern of representation exists for

7 the workers of a water system that was owned by a public

8 utility, as defined in Section 3-105 of the Public Utilities

9 Act, prior to becoming certified employees of a municipality

10 or municipalities once the municipality or municipalities have

11 acquired the water system as authorized in Section 11-124-5 of

12 the Illinois Municipal Code, the Board shall find the labor

13 organization that has historically represented the workers to

14 be the exclusive representative under this Act, and shall find

15 the unit represented by the exclusive representative to be the

16 appropriate unit.

17 (g) "Fair share agreement" means an agreement between the

18 employer and an employee organization under which all or any

19 of the employees in a collective bargaining unit are required

20 to pay their proportionate share of the costs of the

21 collective bargaining process, contract administration, and

22 pursuing matters affecting wages, hours, and other conditions

23 of employment, but not to exceed the amount of dues uniformly

24 required of members. The amount certified by the exclusive

25 representative shall not include any fees for contributions

26 related to the election or support of any candidate for

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1 political office. Nothing in this subsection (g) shall

2 preclude an employee from making voluntary political

3 contributions in conjunction with his or her fair share

4 payment.

5 (g-1) "Fire fighter" means, for the purposes of this Act

6 only, any person who has been or is hereafter appointed to a

7 fire department or fire protection district or employed by a

8 state university and sworn or commissioned to perform fire

9 fighter duties or paramedic duties, including paramedics

10 employed by a unit of local government, except that the

11 following persons are not included: part-time fire fighters,

12 auxiliary, reserve or voluntary fire fighters, including paid

13 on-call fire fighters, clerks and dispatchers or other

14 civilian employees of a fire department or fire protection

15 district who are not routinely expected to perform fire

16 fighter duties, or elected officials.

17 (g-2) "General Assembly of the State of Illinois" means

18 the legislative branch of the government of the State of

19 Illinois, as provided for under Article IV of the Constitution

20 of the State of Illinois, and includes, but is not limited to,

21 the House of Representatives, the Senate, the Speaker of the

22 House of Representatives, the Minority Leader of the House of

23 Representatives, the President of the Senate, the Minority

24 Leader of the Senate, the Joint Committee on Legislative

25 Support Services, and any legislative support services agency

26 listed in the Legislative Commission Reorganization Act of

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1 1984.

2 (h) "Governing body" means, in the case of the State, the

3 State Panel of the Illinois Labor Relations Board, the

4 Director of the Department of Central Management Services, and

5 the Director of the Department of Labor; the county board in

6 the case of a county; the corporate authorities in the case of

7 a municipality; and the appropriate body authorized to provide

8 for expenditures of its funds in the case of any other unit of

9 government.

10 (i) "Labor organization" means any organization in which

11 public employees participate and that exists for the purpose,

12 in whole or in part, of dealing with a public employer

13 concerning wages, hours, and other terms and conditions of

14 employment, including the settlement of grievances.

15 (i-5) "Legislative liaison" means a person who is an

16 employee of a State agency, the Attorney General, the

17 Secretary of State, the Comptroller, or the Treasurer, as the

18 case may be, and whose job duties require the person to

19 regularly communicate in the course of his or her employment

20 with any official or staff of the General Assembly of the State

21 of Illinois for the purpose of influencing any legislative

22 action.

23 (j) "Managerial employee" means an individual who is

24 engaged predominantly in executive and management functions

25 and is charged with the responsibility of directing the

26 effectuation of management policies and practices.

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1 Determination of managerial employee status shall be based on

2 actual employee job duties and not solely on written job

3 descriptions. With respect only to State employees in

4 positions under the jurisdiction of the Attorney General,

5 Secretary of State, Comptroller, or Treasurer (i) that were

6 certified in a bargaining unit on or after December 2, 2008,

7 (ii) for which a petition is filed with the Illinois Public

8 Labor Relations Board on or after April 5, 2013 (the effective

9 date of Public Act 97-1172), or (iii) for which a petition is

10 pending before the Illinois Public Labor Relations Board on

11 that date, "managerial employee" means an individual who is

12 engaged in executive and management functions or who is

13 charged with the effectuation of management policies and

14 practices or who represents management interests by taking or

15 recommending discretionary actions that effectively control or

16 implement policy. Nothing in this definition prohibits an

17 individual from also meeting the definition of "supervisor"

18 under subsection (r) of this Section.

19 (k) "Peace officer" means, for the purposes of this Act

20 only, any persons who have been or are hereafter appointed to a

21 police force, department, or agency and sworn or commissioned

22 to perform police duties, except that the following persons

23 are not included: part-time police officers, special police

24 officers, auxiliary police as defined by Section 3.1-30-20 of

25 the Illinois Municipal Code, night watchmen, "merchant

26 police", court security officers as defined by Section

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1 3-6012.1 of the Counties Code, temporary employees, traffic

2 guards or wardens, civilian parking meter and parking

3 facilities personnel or other individuals specially appointed

4 to aid or direct traffic at or near schools or public functions

5 or to aid in civil defense or disaster, parking enforcement

6 employees who are not commissioned as peace officers and who

7 are not armed and who are not routinely expected to effect

8 arrests, parking lot attendants, clerks and dispatchers or

9 other civilian employees of a police department who are not

10 routinely expected to effect arrests, or elected officials.

11 (l) "Person" includes one or more individuals, labor

12 organizations, public employees, associations, corporations,

13 legal representatives, trustees, trustees in bankruptcy,

14 receivers, or the State of Illinois or any political

15 subdivision of the State or governing body, but does not

16 include the General Assembly of the State of Illinois or any

17 individual employed by the General Assembly of the State of

18 Illinois.

19 (m) "Professional employee" means any employee engaged in

20 work predominantly intellectual and varied in character rather

21 than routine mental, manual, mechanical or physical work;

22 involving the consistent exercise of discretion and adjustment

23 in its performance; of such a character that the output

24 produced or the result accomplished cannot be standardized in

25 relation to a given period of time; and requiring advanced

26 knowledge in a field of science or learning customarily

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1 acquired by a prolonged course of specialized intellectual

2 instruction and study in an institution of higher learning or

3 a hospital, as distinguished from a general academic education

4 or from apprenticeship or from training in the performance of

5 routine mental, manual, or physical processes; or any employee

6 who has completed the courses of specialized intellectual

7 instruction and study prescribed in this subsection (m) and is

8 performing related work under the supervision of a

9 professional person to qualify to become a professional

10 employee as defined in this subsection (m).

11 (n) "Public employee" or "employee", for the purposes of

12 this Act, means any individual employed by a public employer,

13 including (i) interns and residents at public hospitals, (ii)

14 as of July 16, 2003 (the effective date of Public Act 93-204),

15 but not before, personal assistants working under the Home

16 Services Program under Section 3 of the Rehabilitation of

17 Persons with Disabilities Act, subject to the limitations set

18 forth in this Act and in the Rehabilitation of Persons with

19 Disabilities Act, (iii) as of January 1, 2006 (the effective

20 date of Public Act 94-320), but not before, child ~~and day~~ care

21 home providers participating in the child care assistance

22 program under Section 9A-11 of the Illinois Public Aid Code,

23 subject to the limitations set forth in this Act and in Section

24 9A-11 of the Illinois Public Aid Code, (iv) as of January 29,

25 2013 (the effective date of Public Act 97-1158), but not

26 before except as otherwise provided in this subsection (n),

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1 home care and home health workers who function as personal

2 assistants and individual maintenance home health workers and

3 who also work under the Home Services Program under Section 3

4 of the Rehabilitation of Persons with Disabilities Act, no

5 matter whether the State provides those services through

6 direct fee-for-service arrangements, with the assistance of a

7 managed care organization or other intermediary, or otherwise,

8 (v) beginning on July 19, 2013 (the effective date of Public

9 Act 98-100) and notwithstanding any other provision of this

10 Act, any person employed by a public employer and who is

11 classified as or who holds the employment title of Chief

12 Stationary Engineer, Assistant Chief Stationary Engineer,

13 Sewage Plant Operator, Water Plant Operator, Stationary

14 Engineer, Plant Operating Engineer, and any other employee who

15 holds the position of: Civil Engineer V, Civil Engineer VI,

16 Civil Engineer VII, Technical Manager I, Technical Manager II,

17 Technical Manager III, Technical Manager IV, Technical Manager

18 V, Technical Manager VI, Realty Specialist III, Realty

19 Specialist IV, Realty Specialist V, Technical Advisor I,

20 Technical Advisor II, Technical Advisor III, Technical Advisor

21 IV, or Technical Advisor V employed by the Department of

22 Transportation who is in a position which is certified in a

23 bargaining unit on or before July 19, 2013 (the effective date

24 of Public Act 98-100), and (vi) beginning on July 19, 2013 (the

25 effective date of Public Act 98-100) and notwithstanding any

26 other provision of this Act, any mental health administrator

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1 in the Department of Corrections who is classified as or who

2 holds the position of Public Service Administrator (Option

3 8K), any employee of the Office of the Inspector General in the

4 Department of Human Services who is classified as or who holds

5 the position of Public Service Administrator (Option 7), any

6 Deputy of Intelligence in the Department of Corrections who is

7 classified as or who holds the position of Public Service

8 Administrator (Option 7), and any employee of the Illinois

9 State Police who handles issues concerning the Illinois State

10 Police Sex Offender Registry and who is classified as or holds

11 the position of Public Service Administrator (Option 7), but

12 excluding all of the following: employees of the General

13 Assembly of the State of Illinois; elected officials;

14 executive heads of a department; members of boards or

15 commissions; the Executive Inspectors General; any special

16 Executive Inspectors General; employees of each Office of an

17 Executive Inspector General; commissioners and employees of

18 the Executive Ethics Commission; the Auditor General's

19 Inspector General; employees of the Office of the Auditor

20 General's Inspector General; the Legislative Inspector

21 General; any special Legislative Inspectors General; employees

22 of the Office of the Legislative Inspector General;

23 commissioners and employees of the Legislative Ethics

24 Commission; employees of any agency, board or commission

25 created by this Act; employees appointed to State positions of

26 a temporary or emergency nature; all employees of school

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1 districts and higher education institutions except

2 firefighters and peace officers employed by a state university

3 and except peace officers employed by a school district in its

4 own police department in existence on July 23, 2010 (the

5 effective date of Public Act 96-1257); managerial employees;

6 short-term employees; legislative liaisons; a person who is a

7 State employee under the jurisdiction of the Office of the

8 Attorney General who is licensed to practice law or whose

9 position authorizes, either directly or indirectly, meaningful

10 input into government decision-making on issues where there is

11 room for principled disagreement on goals or their

12 implementation; a person who is a State employee under the

13 jurisdiction of the Office of the Comptroller who holds the

14 position of Public Service Administrator or whose position is

15 otherwise exempt under the Comptroller Merit Employment Code;

16 a person who is a State employee under the jurisdiction of the

17 Secretary of State who holds the position classification of

18 Executive I or higher, whose position authorizes, either

19 directly or indirectly, meaningful input into government

20 decision-making on issues where there is room for principled

21 disagreement on goals or their implementation, or who is

22 otherwise exempt under the Secretary of State Merit Employment

23 Code; employees in the Office of the Secretary of State who are

24 completely exempt from jurisdiction B of the Secretary of

25 State Merit Employment Code and who are in Rutan-exempt

26 positions on or after April 5, 2013 (the effective date of

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1 Public Act 97-1172); a person who is a State employee under the

2 jurisdiction of the Treasurer who holds a position that is

3 exempt from the State Treasurer Employment Code; any employee

4 of a State agency who (i) holds the title or position of, or

5 exercises substantially similar duties as a legislative

6 liaison, Agency General Counsel, Agency Chief of Staff, Agency

7 Executive Director, Agency Deputy Director, Agency Chief

8 Fiscal Officer, Agency Human Resources Director, Public

9 Information Officer, or Chief Information Officer and (ii) was

10 neither included in a bargaining unit nor subject to an active

11 petition for certification in a bargaining unit; any employee

12 of a State agency who (i) is in a position that is

13 Rutan-exempt, as designated by the employer, and completely

14 exempt from jurisdiction B of the Personnel Code and (ii) was

15 neither included in a bargaining unit nor subject to an active

16 petition for certification in a bargaining unit; any term

17 appointed employee of a State agency pursuant to Section 8b.18

18 or 8b.19 of the Personnel Code who was neither included in a

19 bargaining unit nor subject to an active petition for

20 certification in a bargaining unit; any employment position

21 properly designated pursuant to Section 6.1 of this Act;

22 confidential employees; independent contractors; and

23 supervisors except as provided in this Act.

24 Home care and home health workers who function as personal

25 assistants and individual maintenance home health workers and

26 who also work under the Home Services Program under Section 3

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1 of the Rehabilitation of Persons with Disabilities Act shall

2 not be considered public employees for any purposes not

3 specifically provided for in Public Act 93-204 or Public Act

4 97-1158, including, but not limited to, purposes of vicarious

5 liability in tort and purposes of statutory retirement or

6 health insurance benefits. Home care and home health workers

7 who function as personal assistants and individual maintenance

8 home health workers and who also work under the Home Services

9 Program under Section 3 of the Rehabilitation of Persons with

10 Disabilities Act shall not be covered by the State Employees

11 Group Insurance Act of 1971.

12 Child ~~and day~~ care home providers shall not be considered

13 public employees for any purposes not specifically provided

14 for in Public Act 94-320, including, but not limited to,

15 purposes of vicarious liability in tort and purposes of

16 statutory retirement or health insurance benefits. Child ~~and~~

17 ~~day~~ care home providers shall not be covered by the State

18 Employees Group Insurance Act of 1971.

19 Notwithstanding Section 9, subsection (c), or any other

20 provisions of this Act, all peace officers above the rank of

21 captain in municipalities with more than 1,000,000 inhabitants

22 shall be excluded from this Act.

23 (o) Except as otherwise in subsection (o-5), "public

24 employer" or "employer" means the State of Illinois; any

25 political subdivision of the State, unit of local government

26 or school district; authorities including departments,

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1 divisions, bureaus, boards, commissions, or other agencies of

2 the foregoing entities; and any person acting within the scope

3 of his or her authority, express or implied, on behalf of those

4 entities in dealing with its employees. As of July 16, 2003

5 (the effective date of Public Act 93-204), but not before, the

6 State of Illinois shall be considered the employer of the

7 personal assistants working under the Home Services Program

8 under Section 3 of the Rehabilitation of Persons with

9 Disabilities Act, subject to the limitations set forth in this

10 Act and in the Rehabilitation of Persons with Disabilities

11 Act. As of January 29, 2013 (the effective date of Public Act

12 97-1158), but not before except as otherwise provided in this

13 subsection (o), the State shall be considered the employer of

14 home care and home health workers who function as personal

15 assistants and individual maintenance home health workers and

16 who also work under the Home Services Program under Section 3

17 of the Rehabilitation of Persons with Disabilities Act, no

18 matter whether the State provides those services through

19 direct fee-for-service arrangements, with the assistance of a

20 managed care organization or other intermediary, or otherwise,

21 but subject to the limitations set forth in this Act and the

22 Rehabilitation of Persons with Disabilities Act. The State

23 shall not be considered to be the employer of home care and

24 home health workers who function as personal assistants and

25 individual maintenance home health workers and who also work

26 under the Home Services Program under Section 3 of the

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1 Rehabilitation of Persons with Disabilities Act, for any

2 purposes not specifically provided for in Public Act 93-204 or

3 Public Act 97-1158, including but not limited to, purposes of

4 vicarious liability in tort and purposes of statutory

5 retirement or health insurance benefits. Home care and home

6 health workers who function as personal assistants and

7 individual maintenance home health workers and who also work

8 under the Home Services Program under Section 3 of the

9 Rehabilitation of Persons with Disabilities Act shall not be

10 covered by the State Employees Group Insurance Act of 1971. As

11 of January 1, 2006 (the effective date of Public Act 94-320),

12 but not before, the State of Illinois shall be considered the

13 employer of the ~~day and~~ child care home providers

14 participating in the child care assistance program under

15 Section 9A-11 of the Illinois Public Aid Code, subject to the

16 limitations set forth in this Act and in Section 9A-11 of the

17 Illinois Public Aid Code. The State shall not be considered to

18 be the employer of child ~~and day~~ care home providers for any

19 purposes not specifically provided for in Public Act 94-320,

20 including, but not limited to, purposes of vicarious liability

21 in tort and purposes of statutory retirement or health

22 insurance benefits. Child ~~and day~~ care home providers shall

23 not be covered by the State Employees Group Insurance Act of

24 1971.

25 "Public employer" or "employer" as used in this Act,

26 however, does not mean and shall not include the General

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1 Assembly of the State of Illinois, the Executive Ethics

2 Commission, the Offices of the Executive Inspectors General,

3 the Legislative Ethics Commission, the Office of the

4 Legislative Inspector General, the Office of the Auditor

5 General's Inspector General, the Office of the Governor, the

6 Governor's Office of Management and Budget, the Illinois

7 Finance Authority, the Office of the Lieutenant Governor, the

8 State Board of Elections, and educational employers or

9 employers as defined in the Illinois Educational Labor

10 Relations Act, except with respect to a state university in

11 its employment of firefighters and peace officers and except

12 with respect to a school district in the employment of peace

13 officers in its own police department in existence on July 23,

14 2010 (the effective date of Public Act 96-1257). County boards

15 and county sheriffs shall be designated as joint or

16 co-employers of county peace officers appointed under the

17 authority of a county sheriff. Nothing in this subsection (o)

18 shall be construed to prevent the State Panel or the Local

19 Panel from determining that employers are joint or

20 co-employers.

21 (o-5) With respect to wages, fringe benefits, hours,

22 holidays, vacations, proficiency examinations, sick leave, and

23 other conditions of employment, the public employer of public

24 employees who are court reporters, as defined in the Court

25 Reporters Act, shall be determined as follows:

26 (1) For court reporters employed by the Cook County

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1 Judicial Circuit, the chief judge of the Cook County

2 Circuit Court is the public employer and employer

3 representative.

4 (2) For court reporters employed by the 12th, 18th,

5 19th, and, on and after December 4, 2006, the 22nd

6 judicial circuits, a group consisting of the chief judges

7 of those circuits, acting jointly by majority vote, is the

8 public employer and employer representative.

9 (3) For court reporters employed by all other judicial

10 circuits, a group consisting of the chief judges of those

11 circuits, acting jointly by majority vote, is the public

12 employer and employer representative.

13 (p) "Security employee" means an employee who is

14 responsible for the supervision and control of inmates at

15 correctional facilities. The term also includes other

16 non-security employees in bargaining units having the majority

17 of employees being responsible for the supervision and control

18 of inmates at correctional facilities.

19 (q) "Short-term employee" means an employee who is

20 employed for less than 2 consecutive calendar quarters during

21 a calendar year and who does not have a reasonable assurance

22 that he or she will be rehired by the same employer for the

23 same service in a subsequent calendar year.

24 (q-5) "State agency" means an agency directly responsible

25 to the Governor, as defined in Section 3.1 of the Executive

26 Reorganization Implementation Act, and the Illinois Commerce

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1 Commission, the Illinois Workers' Compensation Commission, the

2 Civil Service Commission, the Pollution Control Board, the

3 Illinois Racing Board, and the Illinois State Police Merit

4 Board.

5 (r) "Supervisor" is:

6 (1) An employee whose principal work is substantially

7 different from that of his or her subordinates and who has

8 authority, in the interest of the employer, to hire,

9 transfer, suspend, lay off, recall, promote, discharge,

10 direct, reward, or discipline employees, to adjust their

11 grievances, or to effectively recommend any of those

12 actions, if the exercise of that authority is not of a

13 merely routine or clerical nature, but requires the

14 consistent use of independent judgment. Except with

15 respect to police employment, the term "supervisor"

16 includes only those individuals who devote a preponderance

17 of their employment time to exercising that authority,

18 State supervisors notwithstanding. Determinations of

19 supervisor status shall be based on actual employee job

20 duties and not solely on written job descriptions. Nothing

21 in this definition prohibits an individual from also

22 meeting the definition of "managerial employee" under

23 subsection (j) of this Section. In addition, in

24 determining supervisory status in police employment, rank

25 shall not be determinative. The Board shall consider, as

26 evidence of bargaining unit inclusion or exclusion, the

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1 common law enforcement policies and relationships between

2 police officer ranks and certification under applicable

3 civil service law, ordinances, personnel codes, or

4 Division 2.1 of Article 10 of the Illinois Municipal Code,

5 but these factors shall not be the sole or predominant

6 factors considered by the Board in determining police

7 supervisory status.

8 Notwithstanding the provisions of the preceding

9 paragraph, in determining supervisory status in fire

10 fighter employment, no fire fighter shall be excluded as a

11 supervisor who has established representation rights under

12 Section 9 of this Act. Further, in fire fighter units,

13 employees shall consist of fire fighters of the highest

14 rank of company officer and below. A company officer may

15 be responsible for multiple companies or apparatus on a

16 shift, multiple stations, or an entire shift. There may be

17 more than one company officer per shift. If a company

18 officer otherwise qualifies as a supervisor under the

19 preceding paragraph, however, he or she shall not be

20 included in the fire fighter unit. If there is no rank

21 between that of chief and the highest company officer, the

22 employer may designate a position on each shift as a Shift

23 Commander, and the persons occupying those positions shall

24 be supervisors. All other ranks above that of the highest

25 company officer shall be supervisors.

26 (2) With respect only to State employees in positions

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1 under the jurisdiction of the Attorney General, Secretary

2 of State, Comptroller, or Treasurer (i) that were

3 certified in a bargaining unit on or after December 2,

4 2008, (ii) for which a petition is filed with the Illinois

5 Public Labor Relations Board on or after April 5, 2013

6 (the effective date of Public Act 97-1172), or (iii) for

7 which a petition is pending before the Illinois Public

8 Labor Relations Board on that date, an employee who

9 qualifies as a supervisor under (A) Section 152 of the

10 National Labor Relations Act and (B) orders of the

11 National Labor Relations Board interpreting that provision

12 or decisions of courts reviewing decisions of the National

13 Labor Relations Board.

14 (s)(1) "Unit" means a class of jobs or positions that are

15 held by employees whose collective interests may suitably be

16 represented by a labor organization for collective bargaining.

17 Except with respect to non-State fire fighters and paramedics

18 employed by fire departments and fire protection districts,

19 non-State peace officers, and peace officers in the Illinois

20 State Police, a bargaining unit determined by the Board shall

21 not include both employees and supervisors, or supervisors

22 only, except as provided in paragraph (2) of this subsection

23 (s) and except for bargaining units in existence on July 1,

24 1984 (the effective date of this Act). With respect to

25 non-State fire fighters and paramedics employed by fire

26 departments and fire protection districts, non-State peace

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1 officers, and peace officers in the Illinois State Police, a

2 bargaining unit determined by the Board shall not include both

3 supervisors and nonsupervisors, or supervisors only, except as

4 provided in paragraph (2) of this subsection (s) and except

5 for bargaining units in existence on January 1, 1986 (the

6 effective date of this amendatory Act of 1985). A bargaining

7 unit determined by the Board to contain peace officers shall

8 contain no employees other than peace officers unless

9 otherwise agreed to by the employer and the labor organization

10 or labor organizations involved. Notwithstanding any other

11 provision of this Act, a bargaining unit, including a

12 historical bargaining unit, containing sworn peace officers of

13 the Department of Natural Resources (formerly designated the

14 Department of Conservation) shall contain no employees other

15 than such sworn peace officers upon the effective date of this

16 amendatory Act of 1990 or upon the expiration date of any

17 collective bargaining agreement in effect upon the effective

18 date of this amendatory Act of 1990 covering both such sworn

19 peace officers and other employees.

20 (2) Notwithstanding the exclusion of supervisors from

21 bargaining units as provided in paragraph (1) of this

22 subsection (s), a public employer may agree to permit its

23 supervisory employees to form bargaining units and may bargain

24 with those units. This Act shall apply if the public employer

25 chooses to bargain under this subsection.

26 (3) Public employees who are court reporters, as defined

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1 in the Court Reporters Act, shall be divided into 3 units for

2 collective bargaining purposes. One unit shall be court

3 reporters employed by the Cook County Judicial Circuit; one

4 unit shall be court reporters employed by the 12th, 18th,

5 19th, and, on and after December 4, 2006, the 22nd judicial

6 circuits; and one unit shall be court reporters employed by

7 all other judicial circuits.

8 (t) "Active petition for certification in a bargaining

9 unit" means a petition for certification filed with the Board

10 under one of the following case numbers: S-RC-11-110;

11 S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;

12 S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;

13 S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;

14 S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;

15 S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;

16 S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;

17 S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;

18 S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;

19 S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;

20 S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;

21 S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;

22 S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;

23 S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or

24 S-RC-07-100.

25 (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;

26 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)

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1 (5 ILCS 315/7) (from Ch. 48, par. 1607)

2 Sec. 7. Duty to bargain. A public employer and the

3 exclusive representative have the authority and the duty to

4 bargain collectively set forth in this Section.

5 For the purposes of this Act, "to bargain collectively"

6 means the performance of the mutual obligation of the public

7 employer or his designated representative and the

8 representative of the public employees to meet at reasonable

9 times, including meetings in advance of the budget-making

10 process, and to negotiate in good faith with respect to wages,

11 hours, and other conditions of employment, not excluded by

12 Section 4 of this Act, or the negotiation of an agreement, or

13 any question arising thereunder and the execution of a written

14 contract incorporating any agreement reached if requested by

15 either party, but such obligation does not compel either party

16 to agree to a proposal or require the making of a concession.

17 The duty "to bargain collectively" shall also include an

18 obligation to negotiate over any matter with respect to wages,

19 hours and other conditions of employment, not specifically

20 provided for in any other law or not specifically in violation

21 of the provisions of any law. If any other law pertains, in

22 part, to a matter affecting the wages, hours and other

23 conditions of employment, such other law shall not be

24 construed as limiting the duty "to bargain collectively" and

25 to enter into collective bargaining agreements containing

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1 clauses which either supplement, implement, or relate to the

2 effect of such provisions in other laws.

3 The duty "to bargain collectively" shall also include

4 negotiations as to the terms of a collective bargaining

5 agreement. The parties may, by mutual agreement, provide for

6 arbitration of impasses resulting from their inability to

7 agree upon wages, hours and terms and conditions of employment

8 to be included in a collective bargaining agreement. Such

9 arbitration provisions shall be subject to the Illinois

10 "Uniform Arbitration Act" unless agreed by the parties.

11 The duty "to bargain collectively" shall also mean that no

12 party to a collective bargaining contract shall terminate or

13 modify such contract, unless the party desiring such

14 termination or modification:

15 (1) serves a written notice upon the other party to

16 the contract of the proposed termination or modification

17 60 days prior to the expiration date thereof, or in the

18 event such contract contains no expiration date, 60 days

19 prior to the time it is proposed to make such termination

20 or modification;

21 (2) offers to meet and confer with the other party for

22 the purpose of negotiating a new contract or a contract

23 containing the proposed modifications;

24 (3) notifies the Board within 30 days after such

25 notice of the existence of a dispute, provided no

26 agreement has been reached by that time; and

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1 (4) continues in full force and effect, without

2 resorting to strike or lockout, all the terms and

3 conditions of the existing contract for a period of 60

4 days after such notice is given to the other party or until

5 the expiration date of such contract, whichever occurs

6 later.

7 The duties imposed upon employers, employees and labor

8 organizations by paragraphs (2), (3) and (4) shall become

9 inapplicable upon an intervening certification of the Board,

10 under which the labor organization, which is a party to the

11 contract, has been superseded as or ceased to be the exclusive

12 representative of the employees pursuant to the provisions of

13 subsection (a) of Section 9, and the duties so imposed shall

14 not be construed as requiring either party to discuss or agree

15 to any modification of the terms and conditions contained in a

16 contract for a fixed period, if such modification is to become

17 effective before such terms and conditions can be reopened

18 under the provisions of the contract.

19 Collective bargaining for home care and home health

20 workers who function as personal assistants and individual

21 maintenance home health workers under the Home Services

22 Program shall be limited to the terms and conditions of

23 employment under the State's control, as defined in Public Act

24 93-204 or this amendatory Act of the 97th General Assembly, as

25 applicable.

26 Collective bargaining for child ~~and day~~ care home

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1 providers under the child care assistance program shall be

2 limited to the terms and conditions of employment under the

3 State's control, as defined in this amendatory Act of the 94th

4 General Assembly.

5 Notwithstanding any other provision of this Section,

6 whenever collective bargaining is for the purpose of

7 establishing an initial agreement following original

8 certification of units with fewer than 35 employees, with

9 respect to public employees other than peace officers, fire

10 fighters, and security employees, the following apply:

11 (1) Not later than 10 days after receiving a written

12 request for collective bargaining from a labor

13 organization that has been newly certified as a

14 representative as defined in Section 6(c), or within such

15 further period as the parties agree upon, the parties

16 shall meet and commence to bargain collectively and shall

17 make every reasonable effort to conclude and sign a

18 collective bargaining agreement.

19 (2) If anytime after the expiration of the 90-day

20 period beginning on the date on which bargaining is

21 commenced the parties have failed to reach an agreement,

22 either party may notify the Illinois Public Labor

23 Relations Board of the existence of a dispute and request

24 mediation in accordance with the provisions of Section 14

25 of this Act.

26 (3) If after the expiration of the 30-day period

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1 beginning on the date on which mediation commenced, or

2 such additional period as the parties may agree upon, the

3 mediator is not able to bring the parties to agreement by

4 conciliation, either the exclusive representative of the

5 employees or the employer may request of the other, in

6 writing, arbitration and shall submit a copy of the

7 request to the board. Upon submission of the request for

8 arbitration, the parties shall be required to participate

9 in the impasse arbitration procedures set forth in Section

10 14 of this Act, except the right to strike shall not be

11 considered waived pursuant to Section 17 of this Act,

12 until the actual convening of the arbitration hearing.

13 (Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)

14 Section 10. The Personnel Code is amended by changing

15 Section 9 as follows:

16 (20 ILCS 415/9) (from Ch. 127, par. 63b109)

17 Sec. 9. Director, powers and duties. The Director, as

18 executive head of the Department, shall direct and supervise

19 all its administrative and technical activities. In addition

20 to the duties imposed upon him elsewhere in this law, it shall

21 be his duty:

22 (1) To apply and carry out this law and the rules

23 adopted thereunder.

24 (2) To attend meetings of the Commission.

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1 (3) To establish and maintain a roster of all

2 employees subject to this Act, in which there shall be set

3 forth, as to each employee, the class, title, pay, status,

4 and other pertinent data.

5 (4) To appoint, subject to the provisions of this Act,

6 such employees of the Department and such experts and

7 special assistants as may be necessary to carry out

8 effectively this law.

9 (5) Subject to such exemptions or modifications as may

10 be necessary to assure the continuity of federal

11 contributions in those agencies supported in whole or in

12 part by federal funds, to make appointments to vacancies;

13 to approve all written charges seeking discharge,

14 demotion, or other disciplinary measures provided in this

15 Act and to approve transfers of employees from one

16 geographical area to another in the State, in offices,

17 positions or places of employment covered by this Act,

18 after consultation with the operating unit.

19 (6) To formulate and administer service wide policies

20 and programs for the improvement of employee

21 effectiveness, including training, safety, health,

22 incentive recognition, counseling, welfare and employee

23 relations. The Department shall formulate and administer

24 recruitment plans and testing of potential employees for

25 agencies having direct contact with significant numbers of

26 non-English speaking or otherwise culturally distinct

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1 persons. The Department shall require each State agency to

2 annually assess the need for employees with appropriate

3 bilingual capabilities to serve the significant numbers of

4 non-English speaking or culturally distinct persons. The

5 Department shall develop a uniform procedure for assessing

6 an agency's need for employees with appropriate bilingual

7 capabilities. Agencies shall establish occupational titles

8 or designate positions as "bilingual option" for persons

9 having sufficient linguistic ability or cultural knowledge

10 to be able to render effective service to such persons.

11 The Department shall ensure that any such option is

12 exercised according to the agency's needs assessment and

13 the requirements of this Code. The Department shall make

14 annual reports of the needs assessment of each agency and

15 the number of positions calling for non-English linguistic

16 ability to whom vacancy postings were sent, and the number

17 filled by each agency. Such policies and programs shall be

18 subject to approval by the Governor, provided that for

19 needs that require a certain linguistic ability that: (i)

20 have not been met for a posted position for a period of at

21 least one year; or (ii) arise when an individual's health

22 or safety would be placed in immediate risk, the

23 Department shall accept certifications of linguistic

24 competence from pre-approved third parties. To facilitate

25 expanding the scope of sources to demonstrate linguistic

26 competence, the Department shall issue standards for

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1 demonstrating linguistic competence. No later than January

2 2024, the Department shall authorize at least one if not

3 more community colleges in the regions involving the

4 counties of Cook, Lake, McHenry, Kane, DuPage, Kendall,

5 Will, Sangamon, and 5 other geographically distributed

6 counties within the State to pre-test and certify

7 linguistic ability, and such certifications by candidates

8 shall be presumed to satisfy the linguistic ability

9 requirements for the job position. Such policies, program

10 reports and needs assessment reports, as well as

11 linguistic certification standards, shall be filed with

12 the General Assembly by January 1 of each year and shall be

13 available to the public.

14 The Department shall include within the report

15 required above the number of persons receiving the

16 bilingual pay supplement established by Section 8a.2 of

17 this Code. The report shall provide the number of persons

18 receiving the bilingual pay supplement for languages other

19 than English and for signing. The report shall also

20 indicate the number of persons, by the categories of

21 Hispanic and non-Hispanic, who are receiving the bilingual

22 pay supplement for language skills other than signing, in

23 a language other than English.

24 (7) To conduct negotiations affecting pay, hours of

25 work, or other working conditions of employees subject to

26 this Act.

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1 (8) To make continuing studies to improve the

2 efficiency of State services to the residents of Illinois,

3 including but not limited to those who are non-English

4 speaking or culturally distinct, and to report his

5 findings and recommendations to the Commission and the

6 Governor.

7 (9) To investigate from time to time the operation and

8 effect of this law and the rules made thereunder and to

9 report his findings and recommendations to the Commission

10 and to the Governor.

11 (10) To make an annual report regarding the work of

12 the Department, and such special reports as he may

13 consider desirable, to the Commission and to the Governor,

14 or as the Governor or Commission may request.

15 (11) (Blank).

16 (12) To prepare and publish a semi-annual statement

17 showing the number of employees exempt and non-exempt from

18 merit selection in each department. This report shall be

19 in addition to other information on merit selection

20 maintained for public information under existing law.

21 (13) To authorize in every department or agency

22 subject to Jurisdiction C the use of flexible hours

23 positions. A flexible hours position is one that does not

24 require an ordinary work schedule as determined by the

25 Department and includes but is not limited to: 1) a part

26 time job of 20 hours or more per week, 2) a job which is

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1 shared by 2 employees or a compressed work week consisting

2 of an ordinary number of working hours performed on fewer

3 than the number of days ordinarily required to perform

4 that job. The Department may define flexible time to

5 include other types of jobs that are defined above.

6 The Director and the director of each department or

7 agency shall together establish goals for flexible hours

8 positions to be available in every department or agency.

9 The Department shall give technical assistance to

10 departments and agencies in achieving their goals, and

11 shall report to the Governor and the General Assembly each

12 year on the progress of each department and agency.

13 When a goal of 10% of the positions in a department or

14 agency being available on a flexible hours basis has been

15 reached, the Department shall evaluate the effectiveness

16 and efficiency of the program and determine whether to

17 expand the number of positions available for flexible

18 hours to 20%.

19 When a goal of 20% of the positions in a department or

20 agency being available on a flexible hours basis has been

21 reached, the Department shall evaluate the effectiveness

22 and efficiency of the program and determine whether to

23 expand the number of positions available for flexible

24 hours.

25 Each department shall develop a plan for

26 implementation of flexible work requirements designed to

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1 reduce the need for child ~~day~~care of employees' children

2 outside the home. Each department shall submit a report of

3 its plan to the Department of Central Management Services

4 and the General Assembly. This report shall be submitted

5 biennially by March 1, with the first report due March 1,

6 1993.

7 (14) To perform any other lawful acts which he may

8 consider necessary or desirable to carry out the purposes

9 and provisions of this law.

10 The requirement for reporting to the General Assembly

11 shall be satisfied by filing copies of the report as required

12 by Section 3.1 of the General Assembly Organization Act, and

13 filing such additional copies with the State Government Report

14 Distribution Center for the General Assembly as is required

15 under paragraph (t) of Section 7 of the State Library Act.

16 (Source: P.A. 102-952, eff. 1-1-23.)

17 Section 15. The Children and Family Services Act is

18 amended by changing Sections 5, 5a, 5.15, 21, 22.1, and 22.4 as

19 follows:

20 (20 ILCS 505/5) (from Ch. 23, par. 5005)

21 Sec. 5. Direct child welfare services; Department of

22 Children and Family Services. To provide direct child welfare

23 services when not available through other public or private

24 child care or program facilities.

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1 (a) For purposes of this Section:

2 (1) "Children" means persons found within the State

3 who are under the age of 18 years. The term also includes

4 persons under age 21 who:

5 (A) were committed to the Department pursuant to

6 the Juvenile Court Act or the Juvenile Court Act of

7 1987 and who continue under the jurisdiction of the

8 court; or

9 (B) were accepted for care, service and training

10 by the Department prior to the age of 18 and whose best

11 interest in the discretion of the Department would be

12 served by continuing that care, service and training

13 because of severe emotional disturbances, physical

14 disability, social adjustment or any combination

15 thereof, or because of the need to complete an

16 educational or vocational training program.

17 (2) "Homeless youth" means persons found within the

18 State who are under the age of 19, are not in a safe and

19 stable living situation and cannot be reunited with their

20 families.

21 (3) "Child welfare services" means public social

22 services which are directed toward the accomplishment of

23 the following purposes:

24 (A) protecting and promoting the health, safety

25 and welfare of children, including homeless,

26 dependent, or neglected children;

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1 (B) remedying, or assisting in the solution of

2 problems which may result in, the neglect, abuse,

3 exploitation, or delinquency of children;

4 (C) preventing the unnecessary separation of

5 children from their families by identifying family

6 problems, assisting families in resolving their

7 problems, and preventing the breakup of the family

8 where the prevention of child removal is desirable and

9 possible when the child can be cared for at home

10 without endangering the child's health and safety;

11 (D) restoring to their families children who have

12 been removed, by the provision of services to the

13 child and the families when the child can be cared for

14 at home without endangering the child's health and

15 safety;

16 (E) placing children in suitable adoptive homes,

17 in cases where restoration to the biological family is

18 not safe, possible, or appropriate;

19 (F) assuring safe and adequate care of children

20 away from their homes, in cases where the child cannot

21 be returned home or cannot be placed for adoption. At

22 the time of placement, the Department shall consider

23 concurrent planning, as described in subsection (l-1)

24 of this Section so that permanency may occur at the

25 earliest opportunity. Consideration should be given so

26 that if reunification fails or is delayed, the

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1 placement made is the best available placement to

2 provide permanency for the child;

3 (G) (blank);

4 (H) (blank); and

5 (I) placing and maintaining children in facilities

6 that provide separate living quarters for children

7 under the age of 18 and for children 18 years of age

8 and older, unless a child 18 years of age is in the

9 last year of high school education or vocational

10 training, in an approved individual or group treatment

11 program, in a licensed shelter facility, or secure

12 child care facility. The Department is not required to

13 place or maintain children:

14 (i) who are in a foster home, or

15 (ii) who are persons with a developmental

16 disability, as defined in the Mental Health and

17 Developmental Disabilities Code, or

18 (iii) who are female children who are

19 pregnant, pregnant and parenting, or parenting, or

20 (iv) who are siblings, in facilities that

21 provide separate living quarters for children 18

22 years of age and older and for children under 18

23 years of age.

24 (b) (Blank).

25 (c) The Department shall establish and maintain

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

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1 improve voluntary services throughout the State, to the end

2 that services and care shall be available on an equal basis

3 throughout the State to children requiring such services.

4 (d) The Director may authorize advance disbursements for

5 any new program initiative to any agency contracting with the

6 Department. As a prerequisite for an advance disbursement, the

7 contractor must post a surety bond in the amount of the advance

8 disbursement and have a purchase of service contract approved

9 by the Department. The Department may pay up to 2 months

10 operational expenses in advance. The amount of the advance

11 disbursement shall be prorated over the life of the contract

12 or the remaining months of the fiscal year, whichever is less,

13 and the installment amount shall then be deducted from future

14 bills. Advance disbursement authorizations for new initiatives

15 shall not be made to any agency after that agency has operated

16 during 2 consecutive fiscal years. The requirements of this

17 Section concerning advance disbursements shall not apply with

18 respect to the following: payments to local public agencies

19 for child ~~day~~ care services as authorized by Section 5a of this

20 Act; and youth service programs receiving grant funds under

21 Section 17a-4.

22 (e) (Blank).

23 (f) (Blank).

24 (g) The Department shall establish rules and regulations

25 concerning its operation of programs designed to meet the

26 goals of child safety and protection, family preservation,

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1 family reunification, and adoption, including, but not limited

2 to:

3 (1) adoption;

4 (2) foster care;

5 (3) family counseling;

6 (4) protective services;

7 (5) (blank);

8 (6) homemaker service;

9 (7) return of runaway children;

10 (8) (blank);

11 (9) placement under Section 5-7 of the Juvenile Court

12 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile

13 Court Act of 1987 in accordance with the federal Adoption

14 Assistance and Child Welfare Act of 1980; and

15 (10) interstate services.

16 Rules and regulations established by the Department shall

17 include provisions for training Department staff and the staff

18 of Department grantees, through contracts with other agencies

19 or resources, in screening techniques to identify substance

20 use disorders, as defined in the Substance Use Disorder Act,

21 approved by the Department of Human Services, as a successor

22 to the Department of Alcoholism and Substance Abuse, for the

23 purpose of identifying children and adults who should be

24 referred for an assessment at an organization appropriately

25 licensed by the Department of Human Services for substance use

26 disorder treatment.

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1 (h) If the Department finds that there is no appropriate

2 program or facility within or available to the Department for

3 a youth in care and that no licensed private facility has an

4 adequate and appropriate program or none agrees to accept the

5 youth in care, the Department shall create an appropriate

6 individualized, program-oriented plan for such youth in care.

7 The plan may be developed within the Department or through

8 purchase of services by the Department to the extent that it is

9 within its statutory authority to do.

10 (i) Service programs shall be available throughout the

11 State and shall include but not be limited to the following

12 services:

13 (1) case management;

14 (2) homemakers;

15 (3) counseling;

16 (4) parent education;

17 (5) child ~~day~~ care; and

18 (6) emergency assistance and advocacy.

19 In addition, the following services may be made available

20 to assess and meet the needs of children and families:

21 (1) comprehensive family-based services;

22 (2) assessments;

23 (3) respite care; and

24 (4) in-home health services.

25 The Department shall provide transportation for any of the

26 services it makes available to children or families or for

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1 which it refers children or families.

2 (j) The Department may provide categories of financial

3 assistance and education assistance grants, and shall

4 establish rules and regulations concerning the assistance and

5 grants, to persons who adopt children with physical or mental

6 disabilities, children who are older, or other hard-to-place

7 children who (i) immediately prior to their adoption were

8 youth in care or (ii) were determined eligible for financial

9 assistance with respect to a prior adoption and who become

10 available for adoption because the prior adoption has been

11 dissolved and the parental rights of the adoptive parents have

12 been terminated or because the child's adoptive parents have

13 died. The Department may continue to provide financial

14 assistance and education assistance grants for a child who was

15 determined eligible for financial assistance under this

16 subsection (j) in the interim period beginning when the

17 child's adoptive parents died and ending with the finalization

18 of the new adoption of the child by another adoptive parent or

19 parents. The Department may also provide categories of

20 financial assistance and education assistance grants, and

21 shall establish rules and regulations for the assistance and

22 grants, to persons appointed guardian of the person under

23 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,

24 4-25, or 5-740 of the Juvenile Court Act of 1987 for children

25 who were youth in care for 12 months immediately prior to the

26 appointment of the guardian.

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1 The amount of assistance may vary, depending upon the

2 needs of the child and the adoptive parents, as set forth in

3 the annual assistance agreement. Special purpose grants are

4 allowed where the child requires special service but such

5 costs may not exceed the amounts which similar services would

6 cost the Department if it were to provide or secure them as

7 guardian of the child.

8 Any financial assistance provided under this subsection is

9 inalienable by assignment, sale, execution, attachment,

10 garnishment, or any other remedy for recovery or collection of

11 a judgment or debt.

12 (j-5) The Department shall not deny or delay the placement

13 of a child for adoption if an approved family is available

14 either outside of the Department region handling the case, or

15 outside of the State of Illinois.

16 (k) The Department shall accept for care and training any

17 child who has been adjudicated neglected or abused, or

18 dependent committed to it pursuant to the Juvenile Court Act

19 or the Juvenile Court Act of 1987.

20 (l) The Department shall offer family preservation

21 services, as defined in Section 8.2 of the Abused and

22 Neglected Child Reporting Act, to help families, including

23 adoptive and extended families. Family preservation services

24 shall be offered (i) to prevent the placement of children in

25 substitute care when the children can be cared for at home or

26 in the custody of the person responsible for the children's

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1 welfare, (ii) to reunite children with their families, or

2 (iii) to maintain an adoptive placement. Family preservation

3 services shall only be offered when doing so will not endanger

4 the children's health or safety. With respect to children who

5 are in substitute care pursuant to the Juvenile Court Act of

6 1987, family preservation services shall not be offered if a

7 goal other than those of subdivisions (A), (B), or (B-1) of

8 subsection (2) of Section 2-28 of that Act has been set, except

9 that reunification services may be offered as provided in

10 paragraph (F) of subsection (2) of Section 2-28 of that Act.

11 Nothing in this paragraph shall be construed to create a

12 private right of action or claim on the part of any individual

13 or child welfare agency, except that when a child is the

14 subject of an action under Article II of the Juvenile Court Act

15 of 1987 and the child's service plan calls for services to

16 facilitate achievement of the permanency goal, the court

17 hearing the action under Article II of the Juvenile Court Act

18 of 1987 may order the Department to provide the services set

19 out in the plan, if those services are not provided with

20 reasonable promptness and if those services are available.

21 The Department shall notify the child and his family of

22 the Department's responsibility to offer and provide family

23 preservation services as identified in the service plan. The

24 child and his family shall be eligible for services as soon as

25 the report is determined to be "indicated". The Department may

26 offer services to any child or family with respect to whom a

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1 report of suspected child abuse or neglect has been filed,

2 prior to concluding its investigation under Section 7.12 of

3 the Abused and Neglected Child Reporting Act. However, the

4 child's or family's willingness to accept services shall not

5 be considered in the investigation. The Department may also

6 provide services to any child or family who is the subject of

7 any report of suspected child abuse or neglect or may refer

8 such child or family to services available from other agencies

9 in the community, even if the report is determined to be

10 unfounded, if the conditions in the child's or family's home

11 are reasonably likely to subject the child or family to future

12 reports of suspected child abuse or neglect. Acceptance of

13 such services shall be voluntary. The Department may also

14 provide services to any child or family after completion of a

15 family assessment, as an alternative to an investigation, as

16 provided under the "differential response program" provided

17 for in subsection (a-5) of Section 7.4 of the Abused and

18 Neglected Child Reporting Act.

19 The Department may, at its discretion except for those

20 children also adjudicated neglected or dependent, accept for

21 care and training any child who has been adjudicated addicted,

22 as a truant minor in need of supervision or as a minor

23 requiring authoritative intervention, under the Juvenile Court

24 Act or the Juvenile Court Act of 1987, but no such child shall

25 be committed to the Department by any court without the

26 approval of the Department. On and after January 1, 2015 (the

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1 effective date of Public Act 98-803) and before January 1,

2 2017, a minor charged with a criminal offense under the

3 Criminal Code of 1961 or the Criminal Code of 2012 or

4 adjudicated delinquent shall not be placed in the custody of

5 or committed to the Department by any court, except (i) a minor

6 less than 16 years of age committed to the Department under

7 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

8 for whom an independent basis of abuse, neglect, or dependency

9 exists, which must be defined by departmental rule, or (iii) a

10 minor for whom the court has granted a supplemental petition

11 to reinstate wardship pursuant to subsection (2) of Section

12 2-33 of the Juvenile Court Act of 1987. On and after January 1,

13 2017, a minor charged with a criminal offense under the

14 Criminal Code of 1961 or the Criminal Code of 2012 or

15 adjudicated delinquent shall not be placed in the custody of

16 or committed to the Department by any court, except (i) a minor

17 less than 15 years of age committed to the Department under

18 Section 5-710 of the Juvenile Court Act of 1987, ii) a minor

19 for whom an independent basis of abuse, neglect, or dependency

20 exists, which must be defined by departmental rule, or (iii) a

21 minor for whom the court has granted a supplemental petition

22 to reinstate wardship pursuant to subsection (2) of Section

23 2-33 of the Juvenile Court Act of 1987. An independent basis

24 exists when the allegations or adjudication of abuse, neglect,

25 or dependency do not arise from the same facts, incident, or

26 circumstances which give rise to a charge or adjudication of

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1 delinquency. The Department shall assign a caseworker to

2 attend any hearing involving a youth in the care and custody of

3 the Department who is placed on aftercare release, including

4 hearings involving sanctions for violation of aftercare

5 release conditions and aftercare release revocation hearings.

6 As soon as is possible after August 7, 2009 (the effective

7 date of Public Act 96-134), the Department shall develop and

8 implement a special program of family preservation services to

9 support intact, foster, and adoptive families who are

10 experiencing extreme hardships due to the difficulty and

11 stress of caring for a child who has been diagnosed with a

12 pervasive developmental disorder if the Department determines

13 that those services are necessary to ensure the health and

14 safety of the child. The Department may offer services to any

15 family whether or not a report has been filed under the Abused

16 and Neglected Child Reporting Act. The Department may refer

17 the child or family to services available from other agencies

18 in the community if the conditions in the child's or family's

19 home are reasonably likely to subject the child or family to

20 future reports of suspected child abuse or neglect. Acceptance

21 of these services shall be voluntary. The Department shall

22 develop and implement a public information campaign to alert

23 health and social service providers and the general public

24 about these special family preservation services. The nature

25 and scope of the services offered and the number of families

26 served under the special program implemented under this

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1 paragraph shall be determined by the level of funding that the

2 Department annually allocates for this purpose. The term

3 "pervasive developmental disorder" under this paragraph means

4 a neurological condition, including, but not limited to,

5 Asperger's Syndrome and autism, as defined in the most recent

6 edition of the Diagnostic and Statistical Manual of Mental

7 Disorders of the American Psychiatric Association.

8 (l-1) The legislature recognizes that the best interests

9 of the child require that the child be placed in the most

10 permanent living arrangement as soon as is practically

11 possible. To achieve this goal, the legislature directs the

12 Department of Children and Family Services to conduct

13 concurrent planning so that permanency may occur at the

14 earliest opportunity. Permanent living arrangements may

15 include prevention of placement of a child outside the home of

16 the family when the child can be cared for at home without

17 endangering the child's health or safety; reunification with

18 the family, when safe and appropriate, if temporary placement

19 is necessary; or movement of the child toward the most

20 permanent living arrangement and permanent legal status.

21 When determining reasonable efforts to be made with

22 respect to a child, as described in this subsection, and in

23 making such reasonable efforts, the child's health and safety

24 shall be the paramount concern.

25 When a child is placed in foster care, the Department

26 shall ensure and document that reasonable efforts were made to

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1 prevent or eliminate the need to remove the child from the

2 child's home. The Department must make reasonable efforts to

3 reunify the family when temporary placement of the child

4 occurs unless otherwise required, pursuant to the Juvenile

5 Court Act of 1987. At any time after the dispositional hearing

6 where the Department believes that further reunification

7 services would be ineffective, it may request a finding from

8 the court that reasonable efforts are no longer appropriate.

9 The Department is not required to provide further

10 reunification services after such a finding.

11 A decision to place a child in substitute care shall be

12 made with considerations of the child's health, safety, and

13 best interests. At the time of placement, consideration should

14 also be given so that if reunification fails or is delayed, the

15 placement made is the best available placement to provide

16 permanency for the child.

17 The Department shall adopt rules addressing concurrent

18 planning for reunification and permanency. The Department

19 shall consider the following factors when determining

20 appropriateness of concurrent planning:

21 (1) the likelihood of prompt reunification;

22 (2) the past history of the family;

23 (3) the barriers to reunification being addressed by

24 the family;

25 (4) the level of cooperation of the family;

26 (5) the foster parents' willingness to work with the

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1 family to reunite;

2 (6) the willingness and ability of the foster family

3 to provide an adoptive home or long-term placement;

4 (7) the age of the child;

5 (8) placement of siblings.

6 (m) The Department may assume temporary custody of any

7 child if:

8 (1) it has received a written consent to such

9 temporary custody signed by the parents of the child or by

10 the parent having custody of the child if the parents are

11 not living together or by the guardian or custodian of the

12 child if the child is not in the custody of either parent,

13 or

14 (2) the child is found in the State and neither a

15 parent, guardian nor custodian of the child can be

16 located.

17 If the child is found in his or her residence without a parent,

18 guardian, custodian, or responsible caretaker, the Department

19 may, instead of removing the child and assuming temporary

20 custody, place an authorized representative of the Department

21 in that residence until such time as a parent, guardian, or

22 custodian enters the home and expresses a willingness and

23 apparent ability to ensure the child's health and safety and

24 resume permanent charge of the child, or until a relative

25 enters the home and is willing and able to ensure the child's

26 health and safety and assume charge of the child until a

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1 parent, guardian, or custodian enters the home and expresses

2 such willingness and ability to ensure the child's safety and

3 resume permanent charge. After a caretaker has remained in the

4 home for a period not to exceed 12 hours, the Department must

5 follow those procedures outlined in Section 2-9, 3-11, 4-8, or

6 5-415 of the Juvenile Court Act of 1987.

7 The Department shall have the authority, responsibilities

8 and duties that a legal custodian of the child would have

9 pursuant to subsection (9) of Section 1-3 of the Juvenile

10 Court Act of 1987. Whenever a child is taken into temporary

11 custody pursuant to an investigation under the Abused and

12 Neglected Child Reporting Act, or pursuant to a referral and

13 acceptance under the Juvenile Court Act of 1987 of a minor in

14 limited custody, the Department, during the period of

15 temporary custody and before the child is brought before a

16 judicial officer as required by Section 2-9, 3-11, 4-8, or

17 5-415 of the Juvenile Court Act of 1987, shall have the

18 authority, responsibilities and duties that a legal custodian

19 of the child would have under subsection (9) of Section 1-3 of

20 the Juvenile Court Act of 1987.

21 The Department shall ensure that any child taken into

22 custody is scheduled for an appointment for a medical

23 examination.

24 A parent, guardian, or custodian of a child in the

25 temporary custody of the Department who would have custody of

26 the child if he were not in the temporary custody of the

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1 Department may deliver to the Department a signed request that

2 the Department surrender the temporary custody of the child.

3 The Department may retain temporary custody of the child for

4 10 days after the receipt of the request, during which period

5 the Department may cause to be filed a petition pursuant to the

6 Juvenile Court Act of 1987. If a petition is so filed, the

7 Department shall retain temporary custody of the child until

8 the court orders otherwise. If a petition is not filed within

9 the 10-day period, the child shall be surrendered to the

10 custody of the requesting parent, guardian, or custodian not

11 later than the expiration of the 10-day period, at which time

12 the authority and duties of the Department with respect to the

13 temporary custody of the child shall terminate.

14 (m-1) The Department may place children under 18 years of

15 age in a secure child care facility licensed by the Department

16 that cares for children who are in need of secure living

17 arrangements for their health, safety, and well-being after a

18 determination is made by the facility director and the

19 Director or the Director's designate prior to admission to the

20 facility subject to Section 2-27.1 of the Juvenile Court Act

21 of 1987. This subsection (m-1) does not apply to a child who is

22 subject to placement in a correctional facility operated

23 pursuant to Section 3-15-2 of the Unified Code of Corrections,

24 unless the child is a youth in care who was placed in the care

25 of the Department before being subject to placement in a

26 correctional facility and a court of competent jurisdiction

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1 has ordered placement of the child in a secure care facility.

2 (n) The Department may place children under 18 years of

3 age in licensed child care facilities when in the opinion of

4 the Department, appropriate services aimed at family

5 preservation have been unsuccessful and cannot ensure the

6 child's health and safety or are unavailable and such

7 placement would be for their best interest. Payment for board,

8 clothing, care, training and supervision of any child placed

9 in a licensed child care facility may be made by the

10 Department, by the parents or guardians of the estates of

11 those children, or by both the Department and the parents or

12 guardians, except that no payments shall be made by the

13 Department for any child placed in a licensed child care

14 facility for board, clothing, care, training and supervision

15 of such a child that exceed the average per capita cost of

16 maintaining and of caring for a child in institutions for

17 dependent or neglected children operated by the Department.

18 However, such restriction on payments does not apply in cases

19 where children require specialized care and treatment for

20 problems of severe emotional disturbance, physical disability,

21 social adjustment, or any combination thereof and suitable

22 facilities for the placement of such children are not

23 available at payment rates within the limitations set forth in

24 this Section. All reimbursements for services delivered shall

25 be absolutely inalienable by assignment, sale, attachment, or

26 garnishment or otherwise.

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1 (n-1) The Department shall provide or authorize child

2 welfare services, aimed at assisting minors to achieve

3 sustainable self-sufficiency as independent adults, for any

4 minor eligible for the reinstatement of wardship pursuant to

5 subsection (2) of Section 2-33 of the Juvenile Court Act of

6 1987, whether or not such reinstatement is sought or allowed,

7 provided that the minor consents to such services and has not

8 yet attained the age of 21. The Department shall have

9 responsibility for the development and delivery of services

10 under this Section. An eligible youth may access services

11 under this Section through the Department of Children and

12 Family Services or by referral from the Department of Human

13 Services. Youth participating in services under this Section

14 shall cooperate with the assigned case manager in developing

15 an agreement identifying the services to be provided and how

16 the youth will increase skills to achieve self-sufficiency. A

17 homeless shelter is not considered appropriate housing for any

18 youth receiving child welfare services under this Section. The

19 Department shall continue child welfare services under this

20 Section to any eligible minor until the minor becomes 21 years

21 of age, no longer consents to participate, or achieves

22 self-sufficiency as identified in the minor's service plan.

23 The Department of Children and Family Services shall create

24 clear, readable notice of the rights of former foster youth to

25 child welfare services under this Section and how such

26 services may be obtained. The Department of Children and

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1 Family Services and the Department of Human Services shall

2 disseminate this information statewide. The Department shall

3 adopt regulations describing services intended to assist

4 minors in achieving sustainable self-sufficiency as

5 independent adults.

6 (o) The Department shall establish an administrative

7 review and appeal process for children and families who

8 request or receive child welfare services from the Department.

9 Youth in care who are placed by private child welfare

10 agencies, and foster families with whom those youth are

11 placed, shall be afforded the same procedural and appeal

12 rights as children and families in the case of placement by the

13 Department, including the right to an initial review of a

14 private agency decision by that agency. The Department shall

15 ensure that any private child welfare agency, which accepts

16 youth in care for placement, affords those rights to children

17 and foster families. The Department shall accept for

18 administrative review and an appeal hearing a complaint made

19 by (i) a child or foster family concerning a decision

20 following an initial review by a private child welfare agency

21 or (ii) a prospective adoptive parent who alleges a violation

22 of subsection (j-5) of this Section. An appeal of a decision

23 concerning a change in the placement of a child shall be

24 conducted in an expedited manner. A court determination that a

25 current foster home placement is necessary and appropriate

26 under Section 2-28 of the Juvenile Court Act of 1987 does not

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1 constitute a judicial determination on the merits of an

2 administrative appeal, filed by a former foster parent,

3 involving a change of placement decision.

4 (p) (Blank).

5 (q) The Department may receive and use, in their entirety,

6 for the benefit of children any gift, donation, or bequest of

7 money or other property which is received on behalf of such

8 children, or any financial benefits to which such children are

9 or may become entitled while under the jurisdiction or care of

10 the Department, except that the benefits described in Section

11 5.46 must be used and conserved consistent with the provisions

12 under Section 5.46.

13 The Department shall set up and administer no-cost,

14 interest-bearing accounts in appropriate financial

15 institutions for children for whom the Department is legally

16 responsible and who have been determined eligible for

17 Veterans' Benefits, Social Security benefits, assistance

18 allotments from the armed forces, court ordered payments,

19 parental voluntary payments, Supplemental Security Income,

20 Railroad Retirement payments, Black Lung benefits, or other

21 miscellaneous payments. Interest earned by each account shall

22 be credited to the account, unless disbursed in accordance

23 with this subsection.

24 In disbursing funds from children's accounts, the

25 Department shall:

26 (1) Establish standards in accordance with State and

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1 federal laws for disbursing money from children's

2 accounts. In all circumstances, the Department's

3 "Guardianship Administrator" or his or her designee must

4 approve disbursements from children's accounts. The

5 Department shall be responsible for keeping complete

6 records of all disbursements for each account for any

7 purpose.

8 (2) Calculate on a monthly basis the amounts paid from

9 State funds for the child's board and care, medical care

10 not covered under Medicaid, and social services; and

11 utilize funds from the child's account, as covered by

12 regulation, to reimburse those costs. Monthly,

13 disbursements from all children's accounts, up to 1/12 of

14 $13,000,000, shall be deposited by the Department into the

15 General Revenue Fund and the balance over 1/12 of

16 $13,000,000 into the DCFS Children's Services Fund.

17 (3) Maintain any balance remaining after reimbursing

18 for the child's costs of care, as specified in item (2).

19 The balance shall accumulate in accordance with relevant

20 State and federal laws and shall be disbursed to the child

21 or his or her guardian, or to the issuing agency.

22 (r) The Department shall promulgate regulations

23 encouraging all adoption agencies to voluntarily forward to

24 the Department or its agent names and addresses of all persons

25 who have applied for and have been approved for adoption of a

26 hard-to-place child or child with a disability and the names

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1 of such children who have not been placed for adoption. A list

2 of such names and addresses shall be maintained by the

3 Department or its agent, and coded lists which maintain the

4 confidentiality of the person seeking to adopt the child and

5 of the child shall be made available, without charge, to every

6 adoption agency in the State to assist the agencies in placing

7 such children for adoption. The Department may delegate to an

8 agent its duty to maintain and make available such lists. The

9 Department shall ensure that such agent maintains the

10 confidentiality of the person seeking to adopt the child and

11 of the child.

12 (s) The Department of Children and Family Services may

13 establish and implement a program to reimburse Department and

14 private child welfare agency foster parents licensed by the

15 Department of Children and Family Services for damages

16 sustained by the foster parents as a result of the malicious or

17 negligent acts of foster children, as well as providing third

18 party coverage for such foster parents with regard to actions

19 of foster children to other individuals. Such coverage will be

20 secondary to the foster parent liability insurance policy, if

21 applicable. The program shall be funded through appropriations

22 from the General Revenue Fund, specifically designated for

23 such purposes.

24 (t) The Department shall perform home studies and

25 investigations and shall exercise supervision over visitation

26 as ordered by a court pursuant to the Illinois Marriage and

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1 Dissolution of Marriage Act or the Adoption Act only if:

2 (1) an order entered by an Illinois court specifically

3 directs the Department to perform such services; and

4 (2) the court has ordered one or both of the parties to

5 the proceeding to reimburse the Department for its

6 reasonable costs for providing such services in accordance

7 with Department rules, or has determined that neither

8 party is financially able to pay.

9 The Department shall provide written notification to the

10 court of the specific arrangements for supervised visitation

11 and projected monthly costs within 60 days of the court order.

12 The Department shall send to the court information related to

13 the costs incurred except in cases where the court has

14 determined the parties are financially unable to pay. The

15 court may order additional periodic reports as appropriate.

16 (u) In addition to other information that must be

17 provided, whenever the Department places a child with a

18 prospective adoptive parent or parents, in a licensed foster

19 home, group home, or child care institution, or in a relative

20 home, the Department shall provide to the prospective adoptive

21 parent or parents or other caretaker:

22 (1) available detailed information concerning the

23 child's educational and health history, copies of

24 immunization records (including insurance and medical card

25 information), a history of the child's previous

26 placements, if any, and reasons for placement changes

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1 excluding any information that identifies or reveals the

2 location of any previous caretaker;

3 (2) a copy of the child's portion of the client

4 service plan, including any visitation arrangement, and

5 all amendments or revisions to it as related to the child;

6 and

7 (3) information containing details of the child's

8 individualized educational plan when the child is

9 receiving special education services.

10 The caretaker shall be informed of any known social or

11 behavioral information (including, but not limited to,

12 criminal background, fire setting, perpetuation of sexual

13 abuse, destructive behavior, and substance abuse) necessary to

14 care for and safeguard the children to be placed or currently

15 in the home. The Department may prepare a written summary of

16 the information required by this paragraph, which may be

17 provided to the foster or prospective adoptive parent in

18 advance of a placement. The foster or prospective adoptive

19 parent may review the supporting documents in the child's file

20 in the presence of casework staff. In the case of an emergency

21 placement, casework staff shall at least provide known

22 information verbally, if necessary, and must subsequently

23 provide the information in writing as required by this

24 subsection.

25 The information described in this subsection shall be

26 provided in writing. In the case of emergency placements when

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1 time does not allow prior review, preparation, and collection

2 of written information, the Department shall provide such

3 information as it becomes available. Within 10 business days

4 after placement, the Department shall obtain from the

5 prospective adoptive parent or parents or other caretaker a

6 signed verification of receipt of the information provided.

7 Within 10 business days after placement, the Department shall

8 provide to the child's guardian ad litem a copy of the

9 information provided to the prospective adoptive parent or

10 parents or other caretaker. The information provided to the

11 prospective adoptive parent or parents or other caretaker

12 shall be reviewed and approved regarding accuracy at the

13 supervisory level.

14 (u-5) Effective July 1, 1995, only foster care placements

15 licensed as foster family homes pursuant to the Child Care Act

16 of 1969 shall be eligible to receive foster care payments from

17 the Department. Relative caregivers who, as of July 1, 1995,

18 were approved pursuant to approved relative placement rules

19 previously promulgated by the Department at 89 Ill. Adm. Code

20 335 and had submitted an application for licensure as a foster

21 family home may continue to receive foster care payments only

22 until the Department determines that they may be licensed as a

23 foster family home or that their application for licensure is

24 denied or until September 30, 1995, whichever occurs first.

25 (v) The Department shall access criminal history record

26 information as defined in the Illinois Uniform Conviction

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1 Information Act and information maintained in the adjudicatory

2 and dispositional record system as defined in Section 2605-355

3 of the Illinois State Police Law if the Department determines

4 the information is necessary to perform its duties under the

5 Abused and Neglected Child Reporting Act, the Child Care Act

6 of 1969, and the Children and Family Services Act. The

7 Department shall provide for interactive computerized

8 communication and processing equipment that permits direct

9 on-line communication with the Illinois State Police's central

10 criminal history data repository. The Department shall comply

11 with all certification requirements and provide certified

12 operators who have been trained by personnel from the Illinois

13 State Police. In addition, one Office of the Inspector General

14 investigator shall have training in the use of the criminal

15 history information access system and have access to the

16 terminal. The Department of Children and Family Services and

17 its employees shall abide by rules and regulations established

18 by the Illinois State Police relating to the access and

19 dissemination of this information.

20 (v-1) Prior to final approval for placement of a child,

21 the Department shall conduct a criminal records background

22 check of the prospective foster or adoptive parent, including

23 fingerprint-based checks of national crime information

24 databases. Final approval for placement shall not be granted

25 if the record check reveals a felony conviction for child

26 abuse or neglect, for spousal abuse, for a crime against

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1 children, or for a crime involving violence, including rape,

2 sexual assault, or homicide, but not including other physical

3 assault or battery, or if there is a felony conviction for

4 physical assault, battery, or a drug-related offense committed

5 within the past 5 years.

6 (v-2) Prior to final approval for placement of a child,

7 the Department shall check its child abuse and neglect

8 registry for information concerning prospective foster and

9 adoptive parents, and any adult living in the home. If any

10 prospective foster or adoptive parent or other adult living in

11 the home has resided in another state in the preceding 5 years,

12 the Department shall request a check of that other state's

13 child abuse and neglect registry.

14 (w) Within 120 days of August 20, 1995 (the effective date

15 of Public Act 89-392), the Department shall prepare and submit

16 to the Governor and the General Assembly, a written plan for

17 the development of in-state licensed secure child care

18 facilities that care for children who are in need of secure

19 living arrangements for their health, safety, and well-being.

20 For purposes of this subsection, secure care facility shall

21 mean a facility that is designed and operated to ensure that

22 all entrances and exits from the facility, a building or a

23 distinct part of the building, are under the exclusive control

24 of the staff of the facility, whether or not the child has the

25 freedom of movement within the perimeter of the facility,

26 building, or distinct part of the building. The plan shall

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1 include descriptions of the types of facilities that are

2 needed in Illinois; the cost of developing these secure care

3 facilities; the estimated number of placements; the potential

4 cost savings resulting from the movement of children currently

5 out-of-state who are projected to be returned to Illinois; the

6 necessary geographic distribution of these facilities in

7 Illinois; and a proposed timetable for development of such

8 facilities.

9 (x) The Department shall conduct annual credit history

10 checks to determine the financial history of children placed

11 under its guardianship pursuant to the Juvenile Court Act of

12 1987. The Department shall conduct such credit checks starting

13 when a youth in care turns 12 years old and each year

14 thereafter for the duration of the guardianship as terminated

15 pursuant to the Juvenile Court Act of 1987. The Department

16 shall determine if financial exploitation of the child's

17 personal information has occurred. If financial exploitation

18 appears to have taken place or is presently ongoing, the

19 Department shall notify the proper law enforcement agency, the

20 proper State's Attorney, or the Attorney General.

21 (y) Beginning on July 22, 2010 (the effective date of

22 Public Act 96-1189), a child with a disability who receives

23 residential and educational services from the Department shall

24 be eligible to receive transition services in accordance with

25 Article 14 of the School Code from the age of 14.5 through age

26 21, inclusive, notwithstanding the child's residential

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1 services arrangement. For purposes of this subsection, "child

2 with a disability" means a child with a disability as defined

3 by the federal Individuals with Disabilities Education

4 Improvement Act of 2004.

5 (z) The Department shall access criminal history record

6 information as defined as "background information" in this

7 subsection and criminal history record information as defined

8 in the Illinois Uniform Conviction Information Act for each

9 Department employee or Department applicant. Each Department

10 employee or Department applicant shall submit his or her

11 fingerprints to the Illinois State Police in the form and

12 manner prescribed by the Illinois State Police. These

13 fingerprints shall be checked against the fingerprint records

14 now and hereafter filed in the Illinois State Police and the

15 Federal Bureau of Investigation criminal history records

16 databases. The Illinois State Police shall charge a fee for

17 conducting the criminal history record check, which shall be

18 deposited into the State Police Services Fund and shall not

19 exceed the actual cost of the record check. The Illinois State

20 Police shall furnish, pursuant to positive identification, all

21 Illinois conviction information to the Department of Children

22 and Family Services.

23 For purposes of this subsection:

24 "Background information" means all of the following:

25 (i) Upon the request of the Department of Children and

26 Family Services, conviction information obtained from the

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1 Illinois State Police as a result of a fingerprint-based

2 criminal history records check of the Illinois criminal

3 history records database and the Federal Bureau of

4 Investigation criminal history records database concerning

5 a Department employee or Department applicant.

6 (ii) Information obtained by the Department of

7 Children and Family Services after performing a check of

8 the Illinois State Police's Sex Offender Database, as

9 authorized by Section 120 of the Sex Offender Community

10 Notification Law, concerning a Department employee or

11 Department applicant.

12 (iii) Information obtained by the Department of

13 Children and Family Services after performing a check of

14 the Child Abuse and Neglect Tracking System (CANTS)

15 operated and maintained by the Department.

16 "Department employee" means a full-time or temporary

17 employee coded or certified within the State of Illinois

18 Personnel System.

19 "Department applicant" means an individual who has

20 conditional Department full-time or part-time work, a

21 contractor, an individual used to replace or supplement staff,

22 an academic intern, a volunteer in Department offices or on

23 Department contracts, a work-study student, an individual or

24 entity licensed by the Department, or an unlicensed service

25 provider who works as a condition of a contract or an agreement

26 and whose work may bring the unlicensed service provider into

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1 contact with Department clients or client records.

2 (Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;

3 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.

4 8-20-21; 102-1014, eff. 5-27-22.)

5 (20 ILCS 505/5a) (from Ch. 23, par. 5005a)

6 (Text of Section before amendment by P.A. 102-926)

7 Sec. 5a. Reimbursable services for which the Department of

8 Children and Family Services shall pay 100% of the reasonable

9 cost pursuant to a written contract negotiated between the

10 Department and the agency furnishing the services (which shall

11 include but not be limited to the determination of reasonable

12 cost, the services being purchased and the duration of the

13 agreement) include, but are not limited to:

14 SERVICE ACTIVITIES

15 Adjunctive Therapy;

16 Child Care Service~~, including day care~~;

17 Clinical Therapy;

18 Custodial Service;

19 Field Work Students;

20 Food Service;

21 Normal Education;

22 In-Service Training;

23 Intake or Evaluation, or both;

24 Medical Services;

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1 Recreation;

2 Social Work or Counselling, or both;

3 Supportive Staff;

4 Volunteers.

5 OBJECT EXPENSES

6 Professional Fees and Contract Service Payments;

7 Supplies;

8 Telephone and Telegram;

9 Occupancy;

10 Local Transportation;

11 Equipment and Other Fixed Assets, including amortization

12 of same;

13 Miscellaneous.

14 ADMINISTRATIVE COSTS

15 Program Administration;

16 Supervision and Consultation;

17 Inspection and Monitoring for purposes of issuing

18 licenses;

19 Determination of Children who are eligible

20 for federal or other reimbursement;

21 Postage and Shipping;

22 Outside Printing, Artwork, etc.;

23 Subscriptions and Reference Publications;

24 Management and General Expense.

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1 Reimbursement of administrative costs other than inspection

2 and monitoring for purposes of issuing licenses may not exceed

3 20% of the costs for other services.

4 The Department may offer services to any child or family

5 with respect to whom a report of suspected child abuse or

6 neglect has been called in to the hotline after completion of a

7 family assessment as provided under subsection (a-5) of

8 Section 7.4 of the Abused and Neglected Child Reporting Act

9 and the Department has determined that services are needed to

10 address the safety of the child and other family members and

11 the risk of subsequent maltreatment. Acceptance of such

12 services shall be voluntary.

13 All Object Expenses, Service Activities and Administrative

14 Costs are allowable.

15 If a survey instrument is used in the rate setting

16 process:

17 (a) with respect to any child ~~day~~ care centers, it

18 shall be limited to those agencies which receive

19 reimbursement from the State;

20 (b) the cost survey instrument shall be promulgated by

21 rule;

22 (c) any requirements of the respondents shall be

23 promulgated by rule;

24 (d) all screens, limits or other tests of

25 reasonableness, allowability and reimbursability shall be

26 promulgated by rule;

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1 (e) adjustments may be made by the Department to rates

2 when it determines that reported wage and salary levels

3 are insufficient to attract capable caregivers in

4 sufficient numbers.

5 The Department of Children and Family Services may pay

6 100% of the reasonable costs of research and valuation focused

7 exclusively on services to youth in care. Such research

8 projects must be approved, in advance, by the Director of the

9 Department.

10 In addition to reimbursements otherwise provided for in

11 this Section, the Department of Human Services shall, in

12 accordance with annual written agreements, make advance

13 quarterly disbursements to local public agencies for child ~~day~~

14 care services with funds appropriated from the Local Effort

15 Day Care Fund.

16 Neither the Department of Children and Family Services nor

17 the Department of Human Services shall pay or approve

18 reimbursement for child~~day~~ care in a facility which is

19 operating without a valid license or permit, except in the

20 case of child ~~day~~ care homes or child ~~day~~ care centers which

21 are exempt from the licensing requirements of the "Child Care

22 Act of 1969".

23 (Source: P.A. 100-159, eff. 8-18-17.)

24 (Text of Section after amendment by P.A. 102-926)

25 Sec. 5a. Reimbursable services for which the Department of

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1 Children and Family Services shall pay 100% of the reasonable

2 cost pursuant to a written contract negotiated between the

3 Department and the agency furnishing the services (which shall

4 include but not be limited to the determination of reasonable

5 cost, the services being purchased and the duration of the

6 agreement) include, but are not limited to:

7 SERVICE ACTIVITIES

8 Adjunctive Therapy;

9 Child Care Service~~, including day care~~;

10 Clinical Therapy;

11 Custodial Service;

12 Field Work Students;

13 Food Service;

14 Normal Education;

15 In-Service Training;

16 Intake or Evaluation, or both;

17 Medical Services;

18 Recreation;

19 Social Work or Counselling, or both;

20 Supportive Staff;

21 Volunteers.

22 OBJECT EXPENSES

23 Professional Fees and Contract Service Payments;

24 Supplies;

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1 Telephone and Telegram;

2 Occupancy;

3 Local Transportation;

4 Equipment and Other Fixed Assets, including amortization

5 of same;

6 Miscellaneous.

7 ADMINISTRATIVE COSTS

8 Program Administration;

9 Supervision and Consultation;

10 Inspection and Monitoring for purposes of issuing

11 licenses;

12 Determination of Children who are eligible

13 for federal or other reimbursement;

14 Postage and Shipping;

15 Outside Printing, Artwork, etc.;

16 Subscriptions and Reference Publications;

17 Management and General Expense.

18 Reimbursement of administrative costs other than inspection

19 and monitoring for purposes of issuing licenses may not exceed

20 20% of the costs for other services.

21 The Department may offer services to any child or family

22 with respect to whom a report of suspected child abuse or

23 neglect has been called in to the hotline after completion of a

24 family assessment as provided under subsection (a-5) of

25 Section 7.4 of the Abused and Neglected Child Reporting Act

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1 and the Department has determined that services are needed to

2 address the safety of the child and other family members and

3 the risk of subsequent maltreatment. Acceptance of such

4 services shall be voluntary.

5 All Object Expenses, Service Activities and Administrative

6 Costs are allowable.

7 If a survey instrument is used in the rate setting

8 process:

9 (a) with respect to any child ~~day~~ care centers, it

10 shall be limited to those agencies which receive

11 reimbursement from the State;

12 (b) the cost survey instrument shall be promulgated by

13 rule;

14 (c) any requirements of the respondents shall be

15 promulgated by rule;

16 (d) all screens, limits or other tests of

17 reasonableness, allowability and reimbursability shall be

18 promulgated by rule;

19 (e) adjustments may be made by the Department to rates

20 when it determines that reported wage and salary levels

21 are insufficient to attract capable caregivers in

22 sufficient numbers.

23 The Department of Children and Family Services may pay

24 100% of the reasonable costs of research and valuation focused

25 exclusively on services to youth in care. Such research

26 projects must be approved, in advance, by the Director of the

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1 Department.

2 In addition to reimbursements otherwise provided for in

3 this Section, the Department of Human Services shall, in

4 accordance with annual written agreements, make advance

5 quarterly disbursements to local public agencies for child ~~day~~

6 care services with funds appropriated from the Local Effort

7 Day Care Fund.

8 Neither the Department of Children and Family Services nor

9 the Department of Human Services shall pay or approve

10 reimbursement for child~~day~~ care in a facility which is

11 operating without a valid license or permit, except in the

12 case of child ~~day~~ care homes or child ~~day~~ care centers which

13 are exempt from the licensing requirements of the "Child Care

14 Act of 1969".

15 The rates paid to child ~~day~~ care providers by the

16 Department of Children and Family Services shall match the

17 rates paid to child care providers by the Department of Human

18 Services under the child care assistance program, including

19 base rates and any relevant rate enhancements.

20 (Source: P.A. 102-926, eff. 7-1-23.)

21 (20 ILCS 505/5.15)

22 Sec. 5.15. Child care ~~Daycare~~; Department of Human

23 Services.

24 (a) For the purpose of ensuring effective statewide

25 planning, development, and utilization of resources for the

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1 child ~~day~~care of children, operated under various auspices,

2 the Department of Human Services is designated to coordinate

3 all child ~~day~~ care activities for children of the State and

4 shall develop or continue, and shall update every year, a

5 State comprehensive child care ~~day-care~~ plan for submission to

6 the Governor that identifies high-priority areas and groups,

7 relating them to available resources and identifying the most

8 effective approaches to the use of existingchild ~~day~~ care

9 services. The State comprehensive child care ~~day-care~~plan

10 shall be made available to the General Assembly following the

11 Governor's approval of the plan.

12 The plan shall include methods and procedures for the

13 development of additionalchild ~~day~~ care resources for

14 children to meet the goal of reducing short-run and long-run

15 dependency and to provide necessary enrichment and stimulation

16 to the education of young children. Recommendations shall be

17 made for State policy on optimum use of private and public,

18 local, State and federal resources, including an estimate of

19 the resources needed for the licensing and regulation ofchild

20 ~~day~~ care facilities.

21 A written report shall be submitted to the Governor and

22 the General Assembly annually on April 15. The report shall

23 include an evaluation of developments over the preceding

24 fiscal year, including cost-benefit analyses of various

25 arrangements. Beginning with the report in 1990 submitted by

26 the Department's predecessor agency and every 2 years

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1 thereafter, the report shall also include the following:

2 (1) An assessment of the child care services, needs

3 and available resources throughout the State and an

4 assessment of the adequacy of existing child care

5 services, including, but not limited to, services assisted

6 under this Act and under any other program administered by

7 other State agencies.

8 (2) A survey of child ~~day~~ care facilities to determine

9 the number of qualified caregivers, as defined by rule,

10 attracted to vacant positions and any problems encountered

11 by facilities in attracting and retaining capable

12 caregivers. The report shall include an assessment, based

13 on the survey, of improvements in employee benefits that

14 may attract capable caregivers.

15 (3) The average wages and salaries and fringe benefit

16 packages paid to caregivers throughout the State, computed

17 on a regional basis, compared to similarly qualified

18 employees in other but related fields.

19 (4) The qualifications of new caregivers hired at

20 licensed child ~~day~~ care facilities during the previous

21 2-year period.

22 (5) Recommendations for increasing caregiver wages and

23 salaries to ensure quality care for children.

24 (6) Evaluation of the fee structure and income

25 eligibility for child care subsidized by the State.

26 The requirement for reporting to the General Assembly

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1 shall be satisfied by filing copies of the report as required

2 by Section 3.1 of the General Assembly Organization Act, and

3 filing such additional copies with the State Government Report

4 Distribution Center for the General Assembly as is required

5 under paragraph (t) of Section 7 of the State Library Act.

6 (b) The Department of Human Services shall establish

7 policies and procedures for developing and implementing

8 interagency agreements with other agencies of the State

9 providing child care services or reimbursement for such

10 services. The plans shall be annually reviewed and modified

11 for the purpose of addressing issues of applicability and

12 service system barriers.

13 (c) In cooperation with other State agencies, the

14 Department of Human Services shall develop and implement, or

15 shall continue, a resource and referral system for the State

16 of Illinois either within the Department or by contract with

17 local or regional agencies. Funding for implementation of this

18 system may be provided through Department appropriations or

19 other inter-agency funding arrangements. The resource and

20 referral system shall provide at least the following services:

21 (1) Assembling and maintaining a data base on the

22 supply of child care services.

23 (2) Providing information and referrals for parents.

24 (3) Coordinating the development of new child care

25 resources.

26 (4) Providing technical assistance and training to

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1 child care service providers.

2 (5) Recording and analyzing the demand for child care

3 services.

4 (d) The Department of Human Services shall conduct child

5 ~~day~~care planning activities with the following priorities:

6 (1) Development of voluntary child ~~day~~care resources

7 wherever possible, with the provision for grants-in-aid

8 only where demonstrated to be useful and necessary as

9 incentives or supports. By January 1, 2002, the Department

10 shall design a plan to create more child care slots as well

11 as goals and timetables to improve quality and

12 accessibility of child care.

13 (2) Emphasis on service to children of recipients of

14 public assistance when such service will allow training or

15 employment of the parent toward achieving the goal of

16 independence.

17 (3) (Blank).

18 (4) Care of children from families in stress and

19 crises whose members potentially may become, or are in

20 danger of becoming, non-productive and dependent.

21 (5) Expansion of family child ~~day~~ care facilities

22 wherever possible.

23 (6) Location of centers in economically depressed

24 neighborhoods, preferably in multi-service centers with

25 cooperation of other agencies. The Department shall

26 coordinate the provision of grants, but only to the extent

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1 funds are specifically appropriated for this purpose, to

2 encourage the creation and expansion of child care centers

3 in high need communities to be issued by the State,

4 business, and local governments.

5 (7) Use of existing facilities free of charge or for

6 reasonable rental whenever possible in lieu of

7 construction.

8 (8) Development of strategies for assuring a more

9 complete range of child ~~day~~ care options, including

10 provision of child ~~day~~care services in homes, in schools,

11 or in centers, which will enable a parent or parents to

12 complete a course of education or obtain or maintain

13 employment and the creation of more child care options for

14 swing shift, evening, and weekend workers and for working

15 women with sick children. The Department shall encourage

16 companies to provide child care in their own offices or in

17 the building in which the corporation is located so that

18 employees of all the building's tenants can benefit from

19 the facility.

20 (9) Development of strategies for subsidizing students

21 pursuing degrees in the child care field.

22 (10) Continuation and expansion of service programs

23 that assist teen parents to continue and complete their

24 education.

25 Emphasis shall be given to support services that will help

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

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1 services for participants in any programs of job training

2 conducted by the Department.

3 (e) The Department of Human Services shall actively

4 stimulate the development of public and private resources at

5 the local level. It shall also seek the fullest utilization of

6 federal funds directly or indirectly available to the

7 Department.

8 Where appropriate, existing non-governmental agencies or

9 associations shall be involved in planning by the Department.

10 (f) To better accommodate the child care needs of low

11 income working families, especially those who receive

12 Temporary Assistance for Needy Families (TANF) or who are

13 transitioning from TANF to work, or who are at risk of

14 depending on TANF in the absence of child care, the Department

15 shall complete a study using outcome-based assessment

16 measurements to analyze the various types of child care needs,

17 including but not limited to: child care homes; child care

18 facilities; before and after school care; and evening and

19 weekend care. Based upon the findings of the study, the

20 Department shall develop a plan by April 15, 1998, that

21 identifies the various types of child care needs within

22 various geographic locations. The plan shall include, but not

23 be limited to, the special needs of parents and guardians in

24 need of non-traditional child care services such as early

25 mornings, evenings, and weekends; the needs of very low income

26 families and children and how they might be better served; and

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1 strategies to assist child care providers to meet the needs

2 and schedules of low income families.

3 (Source: P.A. 100-1148, eff. 12-10-18.)

4 (20 ILCS 505/21) (from Ch. 23, par. 5021)

5 Sec. 21. Investigative powers; training.

6 (a) To make such investigations as it may deem necessary

7 to the performance of its duties.

8 (b) In the course of any such investigation any qualified

9 person authorized by the Director may administer oaths and

10 secure by its subpoena both the attendance and testimony of

11 witnesses and the production of books and papers relevant to

12 such investigation. Any person who is served with a subpoena

13 by the Department to appear and testify or to produce books and

14 papers, in the course of an investigation authorized by law,

15 and who refuses or neglects to appear, or to testify, or to

16 produce books and papers relevant to such investigation, as

17 commanded in such subpoena, shall be guilty of a Class B

18 misdemeanor. The fees of witnesses for attendance and travel

19 shall be the same as the fees of witnesses before the circuit

20 courts of this State. Any circuit court of this State, upon

21 application of the person requesting the hearing or the

22 Department, may compel the attendance of witnesses, the

23 production of books and papers, and giving of testimony before

24 the Department or before any authorized officer or employee

25 thereof, by an attachment for contempt or otherwise, in the

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1 same manner as production of evidence may be compelled before

2 such court. Every person who, having taken an oath or made

3 affirmation before the Department or any authorized officer or

4 employee thereof, shall willfully swear or affirm falsely,

5 shall be guilty of perjury and upon conviction shall be

6 punished accordingly.

7 (c) Investigations initiated under this Section shall

8 provide individuals due process of law, including the right to

9 a hearing, to cross-examine witnesses, to obtain relevant

10 documents, and to present evidence. Administrative findings

11 shall be subject to the provisions of the Administrative

12 Review Law.

13 (d) Beginning July 1, 1988, any child protective

14 investigator or supervisor or child welfare specialist or

15 supervisor employed by the Department on the effective date of

16 this amendatory Act of 1987 shall have completed a training

17 program which shall be instituted by the Department. The

18 training program shall include, but not be limited to, the

19 following: (1) training in the detection of symptoms of child

20 neglect and drug abuse; (2) specialized training for dealing

21 with families and children of drug abusers; and (3) specific

22 training in child development, family dynamics and interview

23 techniques. Such program shall conform to the criteria and

24 curriculum developed under Section 4 of the Child Protective

25 Investigator and Child Welfare Specialist Certification Act of

26 1987. Failure to complete such training due to lack of

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1 opportunity provided by the Department shall in no way be

2 grounds for any disciplinary or other action against an

3 investigator or a specialist.

4 The Department shall develop a continuous inservice staff

5 development program and evaluation system. Each child

6 protective investigator and supervisor and child welfare

7 specialist and supervisor shall participate in such program

8 and evaluation and shall complete a minimum of 20 hours of

9 inservice education and training every 2 years in order to

10 maintain certification.

11 Any child protective investigator or child protective

12 supervisor, or child welfare specialist or child welfare

13 specialist supervisor hired by the Department who begins his

14 actual employment after the effective date of this amendatory

15 Act of 1987, shall be certified pursuant to the Child

16 Protective Investigator and Child Welfare Specialist

17 Certification Act of 1987 before he begins such employment.

18 Nothing in this Act shall replace or diminish the rights of

19 employees under the Illinois Public Labor Relations Act, as

20 amended, or the National Labor Relations Act. In the event of

21 any conflict between either of those Acts, or any collective

22 bargaining agreement negotiated thereunder, and the provisions

23 of subsections (d) and (e), the former shall prevail and

24 control.

25 (e) The Department shall develop and implement the

26 following:

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1 (1) A standardized child endangerment risk assessment

2 protocol.

3 (2) Related training procedures.

4 (3) A standardized method for demonstration of

5 proficiency in application of the protocol.

6 (4) An evaluation of the reliability and validity of

7 the protocol.

8 All child protective investigators and supervisors and child

9 welfare specialists and supervisors employed by the Department

10 or its contractors shall be required, subsequent to the

11 availability of training under this Act, to demonstrate

12 proficiency in application of the protocol previous to being

13 permitted to make decisions about the degree of risk posed to

14 children for whom they are responsible. The Department shall

15 establish a multi-disciplinary advisory committee appointed by

16 the Director, including but not limited to representatives

17 from the fields of child development, domestic violence,

18 family systems, juvenile justice, law enforcement, health

19 care, mental health, substance abuse, and social service to

20 advise the Department and its related contractors in the

21 development and implementation of the child endangerment risk

22 assessment protocol, related training, method for

23 demonstration of proficiency in application of the protocol,

24 and evaluation of the reliability and validity of the

25 protocol. The Department shall develop the protocol, training

26 curriculum, method for demonstration of proficiency in

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1 application of the protocol and method for evaluation of the

2 reliability and validity of the protocol by July 1, 1995.

3 Training and demonstration of proficiency in application of

4 the child endangerment risk assessment protocol for all child

5 protective investigators and supervisors and child welfare

6 specialists and supervisors shall be completed as soon as

7 practicable, but no later than January 1, 1996. The Department

8 shall submit to the General Assembly on or before May 1, 1996,

9 and every year thereafter, an annual report on the evaluation

10 of the reliability and validity of the child endangerment risk

11 assessment protocol. The Department shall contract with a not

12 for profit organization with demonstrated expertise in the

13 field of child endangerment risk assessment to assist in the

14 development and implementation of the child endangerment risk

15 assessment protocol, related training, method for

16 demonstration of proficiency in application of the protocol,

17 and evaluation of the reliability and validity of the

18 protocol.

19 (f) The Department shall provide each parent or guardian

20 and responsible adult caregiver participating in a safety plan

21 a copy of the written safety plan as signed by each parent or

22 guardian and responsible adult caregiver and by a

23 representative of the Department. The Department shall also

24 provide each parent or guardian and responsible adult

25 caregiver safety plan information on their rights and

26 responsibilities that shall include, but need not be limited

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1 to, information on how to obtain medical care, emergency phone

2 numbers, and information on how to notify schools or child ~~day~~

3 care providers as appropriate. The Department's representative

4 shall ensure that the safety plan is reviewed and approved by

5 the child protection supervisor.

6 (Source: P.A. 98-830, eff. 1-1-15.)

7 (20 ILCS 505/22.1) (from Ch. 23, par. 5022.1)

8 Sec. 22.1. Grants-in-aid for child care services;

9 Department of Human Services.

10 (a) Blank.

11 (b) Blank.

12 (c) The Department of Human Services shall establish and

13 operate child ~~day~~ care facilities for the children of migrant

14 workers in areas of the State where they are needed. The

15 Department may provide these child ~~day~~care services by

16 contracting with private centers if practicable. "Migrant

17 worker" means any person who moves seasonally from one place

18 to another, within or without the State, for the purpose of

19 employment in agricultural activities.

20 (Source: P.A. 97-516, eff. 8-23-11.)

21 (20 ILCS 505/22.4) (from Ch. 23, par. 5022.4)

22 Sec. 22.4. Low-interest loans for child care facilities;

23 Department of Human Services. The Department of Human Services

24 may establish, with financing to be provided through the

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1 issuance of bonds by the Illinois Finance Authority pursuant

2 to the Illinois Finance Authority Act, a low-interest loan

3 program to help child care centers and familychild ~~day~~ care

4 homes accomplish the following:

5 (a) establish a child care program;

6 (b) meet federal, State and local child care standards

7 as well as any applicable health and safety standards; or

8 (c) build facilities or renovate or expand existing

9 facilities.

10 Such loans shall be available only to child care centers

11 and family child ~~day~~care homes serving children of low income

12 families.

13 (Source: P.A. 93-205, eff. 1-1-04.)

14 Section 20. The Department of Commerce and Economic

15 Opportunity Law of the Civil Administrative Code of Illinois

16 is amended by changing Section 605-1050 as follows:

17 (20 ILCS 605/605-1050)

18 Sec. 605-1050. Coronavirus Back to Business Grant Program

19 (or Back to Business Program).

20 (a) Purpose. The Department may receive State funds and,

21 directly or indirectly, federal funds under the authority of

22 legislation passed in response to the Coronavirus epidemic

23 including, but not limited to, the Coronavirus Aid, Relief,

24 and Economic Security Act, P.L. 116-136 (the "CARES Act") and

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1 the American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA

2 Act"); such funds shall be used in accordance with the CARES

3 Act and ARPA Act legislation and published guidance. Section

4 5001 of the CARES Act establishes the Coronavirus Relief Fund,

5 which authorizes the State to expend funds that are necessary

6 to respond to the COVID-19 public health emergency. The

7 financial support of Qualifying Businesses is a necessary

8 expense under federal guidance for implementing Section 5001

9 of the CARES Act. Upon receipt or availability of such State or

10 federal funds, and subject to appropriations for their use,

11 the Department shall administer a program to provide financial

12 assistance to Qualifying Businesses that have experienced

13 interruption of business or other adverse conditions

14 attributable to the COVID-19 public health emergency. Support

15 may be provided directly by the Department to businesses and

16 organizations or in cooperation with a Qualified Partner.

17 Financial assistance may include, but not be limited to

18 grants, expense reimbursements, or subsidies.

19 (b) From appropriations for the Back to Business Program,

20 up to $60,000,000 may be allotted to the repayment or

21 conversion of Eligible Loans made pursuant to the Department's

22 Emergency Loan Fund Program. An Eligible Loan may be repaid or

23 converted through a grant payment, subsidy, or reimbursement

24 payment to the recipient or, on behalf of the recipient, to the

25 Qualified Partner, or by any other lawful method.

26 (c) From appropriations for the Back to Business Program,

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1 the Department shall provide financial assistance through

2 grants, expense reimbursements, or subsidies to Qualifying

3 Businesses or a Qualified Partner to cover expenses or losses

4 incurred due to the COVID-19 public health emergency or for

5 start-up costs of a new Qualifying Business. All spending

6 related to this program from federal funds must be

7 reimbursable by the Federal Coronavirus Relief Fund in

8 accordance with Section 5001 of the federal CARES Act, the

9 ARPA Act, and any related federal guidance, or the provisions

10 of any other federal source supporting the program.

11 (d) As more fully described in subsection (c), funds will

12 be appropriated to the Back to Business Program for

13 distribution to or on behalf of Qualifying Businesses. Of the

14 funds appropriated, a minimum of 40% shall be allotted for

15 Qualifying Businesses with ZIP codes located in the most

16 disproportionately impacted areas of Illinois, based on

17 positive COVID-19 cases.

18 (e) The Department shall coordinate with the Department of

19 Human Services with respect to making grants, expense

20 reimbursements or subsidies to any child care ~~or day care~~

21 provider providing services under Section 9A-11 of the

22 Illinois Public Aid Code to determine what resources the

23 Department of Human Services may be providing to a child care

24 ~~or day care~~ provider under Section 9A-11 of the Illinois

25 Public Aid Code.

26 (f) The Department may establish by rule administrative

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1 procedures for the grant program, including any application

2 procedures, grant agreements, certifications, payment

3 methodologies, and other accountability measures that may be

4 imposed upon participants in the program. The emergency

5 rulemaking process may be used to promulgate the initial rules

6 of the grant program and any amendments to the rules following

7 the effective date of this amendatory Act of the 102nd General

8 Assembly.

9 (g) Definitions. As used in this Section:

10 (1) "COVID-19" means the novel coronavirus disease

11 deemed COVID-19 by the World Health Organization on

12 February 11, 2020.

13 (2) "Qualifying Business" means a business or

14 organization that has experienced or is experiencing

15 business interruption or other adverse conditions due to

16 the COVID-19 public health emergency, and includes a new

17 business or organization started after March 1, 2020 in

18 the midst of adverse conditions due to the COVID-19 public

19 health emergency.

20 (3) "Eligible Loan" means a loan of up to $50,000 that

21 was deemed eligible for funding under the Department's

22 Emergency Loan Fund Program and for which repayment will

23 be eligible for reimbursement from Coronavirus Relief Fund

24 monies pursuant to Section 5001 of the federal CARES Act

25 or the ARPA Act and any related federal guidance.

26 (4) "Emergency Loan Fund Program", also referred to as

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1 the "COVID-19 Emergency Relief Program", is a program

2 executed by the Department by which the State Small

3 Business Credit Initiative fund is utilized to guarantee

4 loans released by a financial intermediary or Qualified

5 Partner.

6 (5) "Qualified Partner" means a financial institution

7 or nonprofit with which the Department has entered into an

8 agreement or contract to provide or incentivize assistance

9 to Qualifying Businesses.

10 (h) Powers of the Department. The Department has the power

11 to:

12 (1) provide grants, subsidies and expense

13 reimbursements to Qualifying Businesses or, on behalf of

14 Qualifying Businesses, to Qualifying Partners from

15 appropriations to cover Qualifying Businesses eligible

16 costs or losses incurred due to the COVID-19 public health

17 emergency, including losses caused by business

18 interruption or closure and including start-up costs for

19 new Qualifying Businesses;

20 (2) enter into agreements, accept funds, issue grants,

21 and engage in cooperation with agencies of the federal

22 government, units of local government, financial

23 institutions, and nonprofit organizations to carry out the

24 purposes of this Program, and to use funds appropriated

25 for the Back to Business Program;

26 (3) prepare forms for application, notification,

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1 contract, and other matters, and establish procedures,

2 rules, or regulations deemed necessary and appropriate to

3 carry out the provisions of this Section;

4 (4) provide staff, administration, and related support

5 required to manage the Back to Business Program and pay

6 for the staffing, administration, and related support;

7 (5) using data provided by the Illinois Department of

8 Public Health and other reputable sources, determine which

9 geographic regions in Illinois have been most

10 disproportionately impacted by the COVID-19 public health

11 emergency, considering factors of positive cases, positive

12 case rates, and economic impact; and

13 (6) determine which industries and businesses in

14 Illinois have been most disproportionately impacted by the

15 COVID-19 public health emergency and establish procedures

16 that prioritize greatly impacted industries and

17 businesses, as well as Qualifying Businesses that did not

18 receive paycheck protection program assistance.

19 (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)

20 Section 25. The Illinois Enterprise Zone Act is amended by

21 changing Section 8 as follows:

22 (20 ILCS 655/8) (from Ch. 67 1/2, par. 612)

23 Sec. 8. Zone Administration. The administration of an

24 Enterprise Zone shall be under the jurisdiction of the

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1 designating municipality or county. Each designating

2 municipality or county shall, by ordinance, designate a Zone

3 Administrator for the certified zones within its jurisdiction.

4 A Zone Administrator must be an officer or employee of the

5 municipality or county. The Zone Administrator shall be the

6 liaison between the designating municipality or county, the

7 Department, and any designated zone organizations within zones

8 under his jurisdiction.

9 A designating municipality or county may designate one or

10 more organizations qualified under paragraph (d) of Section 3

11 to be designated zone organizations for purposes of this Act.

12 The municipality or county, may, by ordinance, delegate

13 functions within an Enterprise Zone to one or more designated

14 zone organizations in such zones.

15 Subject to the necessary governmental authorizations,

16 designated zone organizations may provide the following

17 services or perform the following functions in coordination

18 with the municipality or county:

19 (a) Provide or contract for provision of public services

20 including, but not limited to:

21 (1) establishment of crime watch patrols within zone

22 neighborhoods;

23 (2) establishment of volunteer child ~~day~~ care centers;

24 (3) organization of recreational activities for zone

25 area youth;

26 (4) garbage collection;

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1 (5) street maintenance and improvements;

2 (6) bridge maintenance and improvements;

3 (7) maintenance and improvement of water and sewer

4 lines;

5 (8) energy conservation projects;

6 (9) health and clinic services;

7 (10) drug abuse programs;

8 (11) senior citizen assistance programs;

9 (12) park maintenance;

10 (13) rehabilitation, renovation, and operation and

11 maintenance of low and moderate income housing; and

12 (14) other types of public services as provided by law

13 or regulation.

14 (b) Exercise authority for the enforcement of any code,

15 permit, or licensing procedure within an Enterprise Zone.

16 (c) Provide a forum for business, labor and government

17 action on zone innovations.

18 (d) Apply for regulatory relief as provided in Section 8

19 of this Act.

20 (e) Receive title to publicly owned land.

21 (f) Perform such other functions as the responsible

22 government entity may deem appropriate, including offerings

23 and contracts for insurance with businesses within the Zone.

24 (g) Agree with local governments to provide such public

25 services within the zones by contracting with private firms

26 and organizations, where feasible and prudent.

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1 (h) Solicit and receive contributions to improve the

2 quality of life in the Enterprise Zone.

3 (Source: P.A. 91-357, eff. 7-29-99.)

4 Section 30. The Department of Human Services Act is

5 amended by changing Sections 1-75 and 10-22 as follows:

6 (20 ILCS 1305/1-75)

7 Sec. 1-75. Off-Hours Child Care Program.

8 (a) Legislative intent. The General Assembly finds that:

9 (1) Finding child care can be a challenge for

10 firefighters, paramedics, police officers, nurses, and

11 other third shift workers across the State who often work

12 non-typical work hours. This can impact home life, school,

13 bedtime routines, job safety, and the mental health of

14 some of our most critical front line workers and their

15 families.

16 (2) There is a need for increased options for

17 off-hours child care in the State. A majority of the

18 State's child care facilities do not provide care outside

19 of normal work hours, with just 3,251 child ~~day~~ care homes

20 and 435 group child ~~day~~ care homes that provide night

21 care.

22 (3) Illinois has a vested interest in ensuring that

23 our first responders and working families can provide

24 their children with appropriate care during off hours to

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1 improve the morale of existing first responders and to

2 improve recruitment into the future.

3 (b) As used in this Section, "first responders" means

4 emergency medical services personnel as defined in the

5 Emergency Medical Services (EMS) Systems Act, firefighters,

6 law enforcement officers, and, as determined by the

7 Department, any other workers who, on account of their work

8 schedule, need child care outside of the hours when licensed

9 child care facilities typically operate.

10 (c) Subject to appropriation, the Department of Human

11 Services shall establish and administer an Off-Hours Child

12 Care Program to help first responders and other workers

13 identify and access off-hours, night, or sleep time child

14 care. Services funded under the program must address the child

15 care needs of first responders. Funding provided under the

16 program may also be used to cover any capital and operating

17 expenses related to the provision of off-hours, night, or

18 sleep time child care for first responders. Funding awarded

19 under this Section shall be funded through appropriations from

20 the Off-Hours Child Care Program Fund created under subsection

21 (d). The Department shall implement the program by July 1,

22 2023. The Department may adopt any rules necessary to

23 implement the program.

24 (d) The Off-Hours Child Care Program Fund is created as a

25 special fund in the State treasury. The Fund shall consist of

26 any moneys appropriated to the Department of Human Services

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1 for the Off-Hours Child Care Program. Moneys in the Fund shall

2 be expended for the Off-Hours Child Care Program and for no

3 other purpose. All interest earned on moneys in the Fund shall

4 be deposited into the Fund.

5 (Source: P.A. 102-912, eff. 5-27-22.)

6 (20 ILCS 1305/10-22)

7 Sec. 10-22. Great START program.

8 (a) The Department of Human Services shall, subject to a

9 specific appropriation for this purpose, operate a Great START

10 (Strategy To Attract and Retain Teachers) program. The goal of

11 the program is to improve children's developmental and

12 educational outcomes in child care by encouraging increased

13 professional preparation by staff and staff retention. The

14 Great START program shall coordinate with the TEACH

15 professional development program.

16 The program shall provide wage supplements and may include

17 other incentives to licensed child care center personnel,

18 including early childhood teachers, school-age workers, early

19 childhood assistants, school-age assistants, and directors, as

20 such positions are defined by administrative rule of the

21 Department of Children and Family Services. The program shall

22 provide wage supplements and may include other incentives to

23 licensed family child ~~day~~ care home personnel and licensed

24 group child ~~day~~care home personnel, including caregivers and

25 assistants as such positions are defined by administrative

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1 rule of the Department of Children and Family Services.

2 Individuals will receive supplements commensurate with their

3 qualifications.

4 (b) (Blank).

5 (c) The Department shall, by rule, define the scope and

6 operation of the program, including a wage supplement scale.

7 The scale shall pay increasing amounts for higher levels of

8 educational attainment beyond minimum qualifications and shall

9 recognize longevity of employment. Subject to the availability

10 of sufficient appropriation, the wage supplements shall be

11 paid to child care personnel in the form of bonuses at 6 month

12 intervals. Six months of continuous service with a single

13 employer is required to be eligible to receive a wage

14 supplement bonus. Wage supplements shall be paid directly to

15 individual child ~~day~~care personnel, not to their employers.

16 Eligible individuals must provide to the Department or its

17 agent all information and documentation, including but not

18 limited to college transcripts, to demonstrate their

19 qualifications for a particular wage supplement level.

20 If appropriations permit, the Department may include

21 one-time signing bonuses or other incentives to help providers

22 attract staff, provided that the signing bonuses are less than

23 the supplement staff would have received if they had remained

24 employed with anotherchild ~~day~~ care center or family child

25 ~~day~~ care home.

26 If appropriations permit, the Department may include

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1 one-time longevity bonuses or other incentives to recognize

2 staff who have remained with a single employer.

3 (d) (Blank).

4 (Source: P.A. 93-711, eff. 7-12-04.)

5 Section 35. The Mental Health and Developmental

6 Disabilities Administrative Act is amended by changing Section

7 57.5 as follows:

8 (20 ILCS 1705/57.5)

9 Sec. 57.5. Autism diagnosis education program.

10 (a) Subject to appropriations, the Department shall

11 contract to establish an autism diagnosis education program

12 for young children. The Department shall establish the program

13 at 3 different sites in the State. The program shall have the

14 following goals:

15 (1) Providing, to medical professionals and others

16 statewide, a systems development initiative that promotes

17 best practice standards for the diagnosis and treatment

18 planning for young children who have autism spectrum

19 disorders, for the purpose of helping existing systems of

20 care to build solid circles of expertise within their

21 ranks.

22 (2) Educating medical practitioners, school personnel,

23 child ~~day~~care providers, parents, and community service

24 providers (including, but not limited to, early

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1 intervention and developmental disabilities providers)

2 throughout the State on appropriate diagnosis and

3 treatment of autism.

4 (3) Supporting systems of care for young children with

5 autism spectrum disorders.

6 (4) Working together with universities and

7 developmental disabilities providers to identify unmet

8 needs and resources.

9 (5) Encouraging and supporting research on optional

10 services for young children with autism spectrum

11 disorders.

12 In addition to the aforementioned items, on January 1,

13 2008, The Autism Program shall expand training and direct

14 services by deploying additional regional centers, outreach

15 centers, and community planning and network development

16 initiatives. The expanded Autism Program Service Network shall

17 consist of a comprehensive program of outreach and center

18 development utilizing model programs developed by The Autism

19 Program. This expansion shall span Illinois and support

20 consensus building, outreach, and service provision for

21 children with autism spectrums disorders and their families.

22 (b) Before January 1, 2006, the Department shall report to

23 the Governor and the General Assembly concerning the progress

24 of the autism diagnosis education program established under

25 this Section.

26 (Source: P.A. 95-707, eff. 1-11-08.)

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1 Section 40. The Illinois Finance Authority Act is amended

2 by changing Section 840-5 as follows:

3 (20 ILCS 3501/840-5)

4 Sec. 840-5. The Authority shall have the following powers:

5 (a) To fix and revise from time to time and charge and

6 collect rates, rents, fees and charges for the use of and for

7 the services furnished or to be furnished by a project or other

8 health facilities owned, financed or refinanced by the

9 Authority or any portion thereof and to contract with any

10 person, partnership, association or corporation or other body,

11 public or private, in respect thereto; to coordinate its

12 policies and procedures and cooperate with recognized health

13 facility rate setting mechanisms which may now or hereafter be

14 established.

15 (b) To establish rules and regulations for the use of a

16 project or other health facilities owned, financed or

17 refinanced by the Authority or any portion thereof and to

18 designate a participating health institution as its agent to

19 establish rules and regulations for the use of a project or

20 other health facilities owned by the Authority undertaken for

21 that participating health institution.

22 (c) To establish or contract with others to carry out on

23 its behalf a health facility project cost estimating service

24 and to make this service available on all projects to provide

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1 expert cost estimates and guidance to the participating health

2 institution and to the Authority. In order to implement this

3 service and, through it, to contribute to cost containment,

4 the Authority shall have the power to require such reasonable

5 reports and documents from health facility projects as may be

6 required for this service and for the development of cost

7 reports and guidelines. The Authority may appoint a Technical

8 Committee on Health Facility Project Costs and Cost

9 Containment.

10 (d) To make mortgage or other secured or unsecured loans

11 to or for the benefit of any participating health institution

12 for the cost of a project in accordance with an agreement

13 between the Authority and the participating health

14 institution; provided that no such loan shall exceed the total

15 cost of the project as determined by the participating health

16 institution and approved by the Authority; provided further

17 that such loans may be made to any entity affiliated with a

18 participating health institution if the proceeds of such loan

19 are made available to or applied for the benefit of such

20 participating health institution.

21 (e) To make mortgage or other secured or unsecured loans

22 to or for the benefit of a participating health institution in

23 accordance with an agreement between the Authority and the

24 participating health institution to refund outstanding

25 obligations, loans, indebtedness or advances issued, made,

26 given or incurred by such participating health institution for

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1 the cost of a project; including the function to issue bonds

2 and make loans to or for the benefit of a participating health

3 institution to refinance indebtedness incurred by such

4 participating health institution in projects undertaken and

5 completed or for other health facilities acquired prior to or

6 after the enactment of this Act when the Authority finds that

7 such refinancing is in the public interest, and either

8 alleviates a financial hardship of such participating health

9 institution, or is in connection with other financing by the

10 Authority for such participating health institution or may be

11 expected to result in a lessened cost of patient care and a

12 saving to third parties, including government, and to others

13 who must pay for care, or any combination thereof; provided

14 further that such loans may be made to any entity affiliated

15 with a participating health institution if the proceeds of

16 such loan are made available to or applied for the benefit of

17 such participating health institution.

18 (f) To mortgage all or any portion of a project or other

19 health facilities and the property on which any such project

20 or other health facilities are located whether owned or

21 thereafter acquired, and to assign or pledge mortgages, deeds

22 of trust, indentures of mortgage or trust or similar

23 instruments, notes, and other securities of participating

24 health institutions to which or for the benefit of which the

25 Authority has made loans or of entities affiliated with such

26 institutions and the revenues therefrom, including payments or

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1 income from any thereof owned or held by the Authority, for the

2 benefit of the holders of bonds issued to finance such project

3 or health facilities or issued to refund or refinance

4 outstanding obligations, loans, indebtedness or advances of

5 participating health institutions as permitted by this Act.

6 (g) To lease to a participating health institution the

7 project being financed or refinanced or other health

8 facilities conveyed to the Authority in connection with such

9 financing or refinancing, upon such terms and conditions as

10 the Authority shall deem proper, and to charge and collect

11 rents therefor and to terminate any such lease upon the

12 failure of the lessee to comply with any of the obligations

13 thereof; and to include in any such lease, if desired,

14 provisions that the lessee thereof shall have options to renew

15 the lease for such period or periods and at such rent as shall

16 be determined by the Authority or to purchase any or all of the

17 health facilities or that upon payment of all of the

18 indebtedness incurred by the Authority for the financing of

19 such project or health facilities or for refunding outstanding

20 obligations, loans, indebtedness or advances of a

21 participating health institution, then the Authority may

22 convey any or all of the project or such other health

23 facilities to the lessee or lessees thereof with or without

24 consideration.

25 (h) To make studies of needed health facilities that could

26 not sustain a loan were it made under this Act and to recommend

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1 remedial action to the General Assembly; to do the same with

2 regard to any laws or regulations that prevent health

3 facilities from benefiting from this Act.

4 (i) To assist the Department of Commerce and Economic

5 Opportunity to establish and implement a program to assist

6 health facilities to identify and arrange financing for energy

7 conservation projects in buildings and facilities owned or

8 leased by health facilities.

9 (j) To assist the Department of Human Services in

10 establishing a low interest loan program to help child care

11 centers and family child ~~day~~care homes serving children of

12 low income families under Section 22.4 of the Children and

13 Family Services Act. The Authority, on or after the effective

14 date of this amendatory Act of the 97th General Assembly, is

15 authorized to convert existing agreements for financial aid in

16 accordance with Section 840-5(j) to permanent capital to

17 leverage additional private capital and establish a revolving

18 loan fund for nonprofit corporations providing human services

19 under contract to the State.

20 (k) To assist the Department of Public Health and nursing

21 homes in undertaking nursing home conversion projects in

22 accordance with the Older Adult Services Act.

23 (Source: P.A. 97-654, eff. 1-13-12.)

24 Section 45. The Asbestos Abatement Finance Act is amended

25 by changing Section 2 as follows:

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1 (20 ILCS 3510/2) (from Ch. 111 1/2, par. 8102)

2 Sec. 2. Definitions. The following words and terms,

3 whether or not capitalized, have the following meanings,

4 unless the context or use clearly requires otherwise:

5 "Asbestos" means asbestos as defined and used in the

6 federal Asbestos Hazard Emergency Response Act of 1986, as now

7 or hereafter amended, including the regulations promulgated

8 under that Act.

9 "Asbestos Abatement Project" means asbestos inspection,

10 planning and response action under and within the meaning of

11 the federal Asbestos Hazard Emergency Response Act of 1986, as

12 now or hereafter amended, to abate a health hazard caused

13 directly or indirectly by the existence of asbestos in any

14 building or other facility owned, operated, maintained or

15 occupied in whole or in part by a public corporation or a

16 private institution.

17 "Authority" means the Illinois Finance Authority.

18 "Board" means the Board of the Authority.

19 "Bond" means any bond, note or other evidence of

20 indebtedness issued by the Authority under this Act.

21 "Chairman" means the Chairman of the Authority.

22 "Cost" as applied to an asbestos abatement project means

23 the costs incurred or to be incurred by a public corporation or

24 a private institution in the removal, encapsulation,

25 enclosure, repair, or maintenance of asbestos in any building

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1 or other facility owned, operated, maintained or occupied in

2 whole or in part by a public corporation or a private

3 institution, including all incidental costs such as

4 engineering, architectural, consulting and legal expenses

5 incurred in connection with an asbestos abatement project,

6 plans, specifications, surveys, estimates of costs and

7 revenues, finance charges, interest before and during

8 construction of an asbestos abatement project and, for up to

9 18 months after completion of construction, other expenses

10 necessary or incident to determining the need, feasibility or

11 practicability of an asbestos abatement project,

12 administrative expenses, and such other costs, charges and

13 expenses as may be necessary or incident to the construction

14 or financing of any asbestos abatement project. As used in

15 this Act, "cost" means not only costs of an asbestos abatement

16 project expected to be incurred in the future, but costs

17 already incurred and paid by a public corporation or a private

18 institution so that a public corporation or a private

19 institution shall be permitted to reimburse itself for those

20 costs previously incurred and paid.

21 "Person" means any individual, firm, partnership,

22 association, or corporation, separately or in any combination.

23 "Private institution" means any not-for-profit

24 organization within the meaning of Section 501(c)(3) of the

25 Internal Revenue Code of 1986, as now or hereafter amended,

26 including any private or nonpublic pre-school, child ~~day~~care

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1 center, day or residential educational institution that

2 provides elementary or secondary education for grades 12 or

3 under, any private or nonpublic college or university, or any

4 hospital, health care or long term care institution.

5 "Private institution security" means any bond, note, loan

6 agreement, or other evidence of indebtedness which a private

7 institution is legally authorized to issue or enter into for

8 the purpose of financing or refinancing the costs of an

9 asbestos abatement project.

10 "Public corporation" means any body corporate organized by

11 or under the laws of this State to carry out a public

12 governmental or proprietary function, including the State, any

13 State agency, any school district, park district, city,

14 village, incorporated town, county, township, drainage or any

15 other type of district, board, commission, authority,

16 university, public community college or any combination

17 (including any combination under Section 10 of Article VII of

18 the Illinois Constitution or under the Intergovernmental

19 Cooperation Act of 1973, as now or hereafter amended), acting

20 through their corporate authorities, and any other unit of

21 local government within the meaning of Section 1 of Article

22 VII of the Illinois Constitution.

23 "Public corporation security" means any bond, note, loan

24 agreement, or other evidence of indebtedness which a public

25 corporation is legally authorized to issue or enter into for

26 the purpose of financing or refinancing the costs of an

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1 asbestos abatement project.

2 "Secretary" means the Secretary of the Authority.

3 "State" means the State of Illinois.

4 "Treasurer" means the Treasurer of the Authority.

5 (Source: P.A. 93-205, eff. 1-1-04.)

6 Section 50. The State Agency Employees Child Care Services

7 Act is amended by changing Sections 2, 3, 4, and 5 as follows:

8 (30 ILCS 590/2) (from Ch. 127, par. 3002)

9 Sec. 2. In this Act, unless the context otherwise

10 requires, the following terms shall have the meanings ascribed

11 to them:

12 1. "Department" means the Department of Central Management

13 Services.

14 2. "State agency" means all departments, officers,

15 commissions, boards, institutions and bodies politic and

16 corporate of the State, including the offices of Clerk of the

17 Supreme Court and Clerks of the Appellate Courts, the several

18 courts of the State and the legislature, its committees or

19 commissions.

20 3. "Child care services" means child ~~day~~ care home or

21 center services as defined by the Child Care Act of 1969.

22 (Source: P.A. 84-652.)

23 (30 ILCS 590/3) (from Ch. 127, par. 3003)

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1 Sec. 3. The Department may authorize a State agency to

2 contract for the provision of child care services for its

3 employees. The Department may, in accordance with established

4 rules, allow child ~~day~~care centers to operate in State-owned

5 or leased facilities. Such facilities shall be primarily for

6 use by State employees but use by non-employees may be

7 allowed.

8 Where a State agency enters into a contract to construct,

9 acquire or lease all or a substantial portion of a building, in

10 which more than 50 persons shall be employed, other than a

11 renewal of an existing lease, after July 1, 1990, and where a

12 need has been demonstrated, according to Section 4 of this

13 Act, on-site child care services shall be provided for State

14 employees.

15 The Department shall implement this Act and shall

16 promulgate all rules and regulations necessary for this

17 purpose. By April 1, 1991, the Department shall propose rules

18 setting forth the standards and criteria, including need and

19 feasibility, for determining if on-site child care services

20 shall be provided. The Department shall consult with the

21 Department of Children and Family Services in defining

22 standards for child care service centers established pursuant

23 to this Act to ensure compliance with the Child Care Act of

24 1969. The Department shall establish a schedule of fees that

25 shall be charged to employees of State agencies who may obtain

26 child care services under this Act. Such schedule shall be

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1 established so that charges for service are based on the

2 actual cost of care. Except as otherwise provided by law for

3 employees who may qualify for public assistance or social

4 services due to indigency or family circumstance, each

5 employee obtaining child care services under this Act shall be

6 responsible for full payment of such charges. The Department

7 shall report, on or before December 31 of each year, to the

8 Governor and the members of the General Assembly, on the

9 feasibility and implementation of a plan for the provision of

10 comprehensive child care services.

11 (Source: P.A. 86-1482.)

12 (30 ILCS 590/4) (from Ch. 127, par. 3004)

13 Sec. 4. Prior to receiving authorization from the

14 Department to contract for child care services, a State agency

15 shall demonstrate a need for such services. Proof of need

16 submitted to the Department may include a survey of agency

17 employees as well as a determination of the availability of

18 child care services under such agency, through other State

19 agencies, or in the community. The Department may also require

20 submission of a feasibility, design and implementation plan,

21 which takes into consideration similar needs and services of

22 other State agencies.

23 The Department shall assist any State agency authorized to

24 procure child care services in the preparation of a request

25 for proposals, in order to assure that the services provided

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1 address the specific needs of the agency personnel.

2 Any State agency authorized by the Department to contract

3 for child care services shall have the sole responsibility for

4 choosing the successful bidder and overseeing the operation of

5 its child care service program within the guidelines

6 established by the Department. The Department shall promulgate

7 rules pursuant to the Illinois Administrative Procedure Act

8 which detail the specific standards to be used by the Director

9 of any State agency in the selection of a vendor of child care

10 services.

11 The State agency's contract shall provide for the

12 establishment of or arrangement for the use of a licensed

13 child ~~day~~ care center or a licensed child ~~day~~care agency, as

14 defined in the Child Care Act of 1969.

15 State agencies with similar needs, or those with small

16 employee populations may group together to establish need and

17 contract for the provision of child care services.

18 (Source: P.A. 85-1337; 86-1482.)

19 (30 ILCS 590/5) (from Ch. 127, par. 3005)

20 Sec. 5. The General Assembly, through the Joint Committee

21 on Legislative Support Services, may contract for the

22 establishment of child care services, which may also serve as

23 a prototype or model of such services for other state

24 agencies. Such a center shall use a schedule of fees and

25 charges established by the Department under Section 3 of this

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1 Act. Such a center may also be used for the conduct of research

2 on child development, child ~~day~~care standards, the effect of

3 employer-assisted child care on employee morale and

4 productivity or other subjects as determined by the Joint

5 Committee on Legislative Support Services, in consultation

6 with the Department of Children and Family Services.

7 (Source: P.A. 84-652.)

8 Section 55. The Use Tax Act is amended by changing Section

9 2c as follows:

10 (35 ILCS 105/2c) (from Ch. 120, par. 439.2c)

11 Sec. 2c. For purposes of this Act, a corporation, limited

12 liability company, society, association, foundation or

13 institution organized and operated exclusively for educational

14 purposes shall include: all tax-supported public schools;

15 private schools which offer systematic instruction in useful

16 branches of learning by methods common to public schools and

17 which compare favorably in their scope and intensity with the

18 course of study presented in tax-supported schools; licensed

19 child ~~day~~care centers as defined in Section 2.09 of the Child

20 Care Act of 1969 which are operated by a not for profit

21 corporation, society, association, foundation, institution or

22 organization; vocational or technical schools or institutes

23 organized and operated exclusively to provide a course of

24 study of not less than 6 weeks duration and designed to prepare

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1 individuals to follow a trade or to pursue a manual,

2 technical, mechanical, industrial, business or commercial

3 occupation.

4 However, a corporation, limited liability company,

5 society, association, foundation or institution organized and

6 operated for the purpose of offering professional, trade or

7 business seminars of short duration, self-improvement or

8 personality development courses, courses which are avocational

9 or recreational in nature, courses pursued entirely by open

10 circuit television or radio, correspondence courses, or

11 courses which do not provide specialized training within a

12 specific vocational or technical field shall not be considered

13 to be organized and operated exclusively for educational

14 purposes.

15 (Source: P.A. 88-480.)

16 Section 60. The Service Occupation Tax Act is amended by

17 changing Section 2c as follows:

18 (35 ILCS 115/2c) (from Ch. 120, par. 439.102c)

19 Sec. 2c. For purposes of this Act, a corporation, limited

20 liability company, society, association, foundation or

21 institution organized and operated exclusively for educational

22 purposes shall include: all tax-supported public schools;

23 private schools which offer systematic instruction in useful

24 branches of learning by methods common to public schools and

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1 which compare favorably in their scope and intensity with the

2 course of study presented in tax-supported schools; licensed

3 child ~~day~~ care centers as defined in Section 2.09 of the Child

4 Care Act of 1969 which are operated by a not-for-profit

5 corporation, society, association, foundation, institution or

6 organization; vocational or technical schools or institutes

7 organized and operated exclusively to provide a course of

8 study of not less than 6 weeks duration and designed to prepare

9 individuals to follow a trade or to pursue a manual,

10 technical, mechanical, industrial, business or commercial

11 occupation.

12 However, a corporation, limited liability company,

13 society, association, foundation or institution organized and

14 operated for the purpose of offering professional, trade or

15 business seminars of short duration, self-improvement or

16 personality development courses, courses which are avocational

17 or recreational in nature, courses pursued entirely by open

18 circuit television or radio, correspondence courses, or

19 courses which do not provide specialized training within a

20 specific vocational or technical field shall not be considered

21 to be organized and operated exclusively for educational

22 purposes.

23 (Source: P.A. 88-480.)

24 Section 65. The Retailers' Occupation Tax Act is amended

25 by changing Section 2h as follows:

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1 (35 ILCS 120/2h) (from Ch. 120, par. 441h)

2 Sec. 2h. For purposes of this Act, a corporation, limited

3 liability company, society, association, foundation or

4 institution organized and operated exclusively for educational

5 purposes shall include: all tax-supported public schools;

6 private schools which offer systematic instruction in useful

7 branches of learning by methods common to public schools and

8 which compare favorably in their scope and intensity with the

9 course of study presented in tax-supported schools; licensed

10 child ~~day~~ care centers as defined in Section 2.09 of the Child

11 Care Act of 1969 which are operated by a not for profit

12 corporation, society, association, foundation, institution or

13 organization; vocational or technical schools or institutes

14 organized and operated exclusively to provide a course of

15 study of not less than 6 weeks duration and designed to prepare

16 individuals to follow a trade or to pursue a manual,

17 technical, mechanical, industrial, business or commercial

18 occupation.

19 However, a corporation, limited liability company,

20 society, association, foundation or institution organized and

21 operated for the purpose of offering professional, trade or

22 business seminars of short duration, self-improvement or

23 personality development courses, courses which are avocational

24 or recreational in nature, courses pursued entirely by open

25 circuit television or radio, correspondence courses, or

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1 courses which do not provide specialized training within a

2 specific vocational or technical field shall not be considered

3 to be organized and operated exclusively for educational

4 purposes.

5 (Source: P.A. 88-480.)

6 Section 70. The Community Self-Revitalization Act is

7 amended by changing Section 15 as follows:

8 (50 ILCS 350/15)

9 Sec. 15. Certification; Board of Economic Advisors.

10 (a) In order to receive the assistance as provided in this

11 Act, a community shall first, by ordinance passed by its

12 corporate authorities, request that the Department certify

13 that it is an economically distressed community. The community

14 must submit a certified copy of the ordinance to the

15 Department. After review of the ordinance, if the Department

16 determines that the community meets the requirements for

17 certification, the Department may certify the community as an

18 economically distressed community.

19 (b) A community that is certified by the Department as an

20 economically distressed community may appoint a Board of

21 Economic Advisors to create and implement a revitalization

22 plan for the community. The Board shall consist of 18 members

23 of the community, appointed by the mayor or the presiding

24 officer of the county or jointly by the presiding officers of

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1 each municipality and county that have joined to form a

2 community for the purposes of this Act. Up to 18 Board members

3 may be appointed from the following vital sectors:

4 (1) A member representing households and families.

5 (2) A member representing religious organizations.

6 (3) A member representing educational institutions.

7 (4) A member representing child care ~~daycare~~ centers,

8 care centers for persons with disabilities, and care

9 centers for the disadvantaged.

10 (5) A member representing community based

11 organizations such as neighborhood improvement

12 associations.

13 (6) A member representing federal and State employment

14 service systems, skill training centers, and placement

15 referrals.

16 (7) A member representing Masonic organizations,

17 fraternities, sororities, and social clubs.

18 (8) A member representing hospitals, nursing homes,

19 senior citizens, public health agencies, and funeral

20 homes.

21 (9) A member representing organized sports, parks,

22 parties, and games of chance.

23 (10) A member representing political parties, clubs,

24 and affiliations, and election related matters concerning

25 voter education and participation.

26 (11) A member representing the cultural aspects of the

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1 community, including cultural events, lifestyles,

2 languages, music, visual and performing arts, and

3 literature.

4 (12) A member representing police and fire protection

5 agencies, prisons, weapons systems, and the military

6 industrial complex.

7 (13) A member representing local businesses.

8 (14) A member representing the retail industry.

9 (15) A member representing the service industry.

10 (16) A member representing the industrial, production,

11 and manufacturing sectors.

12 (17) A member representing the advertising and

13 marketing industry.

14 (18) A member representing the technology services

15 industry.

16 The Board shall meet initially within 30 days of its

17 appointment, shall select one member as chairperson at its

18 initial meeting, and shall thereafter meet at the call of the

19 chairperson. Members of the Board shall serve without

20 compensation.

21 (c) One third of the initial appointees shall serve for 2

22 years, one third shall serve for 3 years, and one third shall

23 serve for 4 years, as determined by lot. Subsequent appointees

24 shall serve terms of 5 years.

25 (d) The Board shall create a 3-year to 5-year

26 revitalization plan for the community. The plan shall contain

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1 distinct, measurable objectives for revitalization. The

2 objectives shall be used to guide ongoing implementation of

3 the plan and to measure progress during the 3-year to 5-year

4 period. The Board shall work in a dynamic manner defining

5 goals for the community based on the strengths and weaknesses

6 of the individual sectors of the community as presented by

7 each member of the Board. The Board shall meet periodically

8 and revise the plan in light of the input from each member of

9 the Board concerning his or her respective sector of

10 expertise. The process shall be a community driven

11 revitalization process, with community-specific data

12 determining the direction and scope of the revitalization.

13 (Source: P.A. 99-143, eff. 7-27-15.)

14 Section 75. The Counties Code is amended by changing

15 Sections 4-11001 and 5-1097.5 as follows:

16 (55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)

17 (Text of Section WITH the changes made by P.A. 98-1132,

18 which has been held unconstitutional)

19 Sec. 4-11001. Juror fees. Each county shall pay to grand

20 and petit jurors for their services in attending courts the

21 sums of $25 for the first day and thereafter $50 for each day

22 of necessary attendance, or such higher amount as may be fixed

23 by the county board.

24 If a judge so orders, a juror shall also receive

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1 reimbursement for the actual cost of child ~~day~~ care incurred

2 by the juror during his or her service on a jury.

3 The juror fees for service and child ~~day~~ care shall be paid

4 out of the county treasury.

5 The clerk of the court shall furnish to each juror without

6 fee whenever he is discharged a certificate of the number of

7 days' attendance at court, and upon presentation thereof to

8 the county treasurer, he shall pay to the juror the sum

9 provided for his service.

10 Any juror may elect to waive the fee paid for service,

11 transportation, or child ~~day~~ care, or any combination thereof.

12 (Source: P.A. 97-840, eff. 1-1-13; 98-1132, eff. 6-1-15.)

13 (Text of Section WITHOUT the changes made by P.A. 98-1132,

14 which has been held unconstitutional)

15 Sec. 4-11001. Juror fees. Each county shall pay to grand

16 and petit jurors for their services in attending courts the

17 sum of $4 for each day of necessary attendance at such courts

18 as jurors in counties of the first class, the sum of $5 for

19 each day in counties of the second class, and the sum of $10

20 for each day in counties of the third class, or such higher

21 amount as may be fixed by the county board.

22 In addition, jurors shall receive such travel expense as

23 may be determined by the county board, provided that jurors in

24 counties of the first class and second class shall receive at

25 least 10 cents per mile for their travel expense. Mileage

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1 shall be allowed for travel during a juror's term as well as

2 for travel at the opening and closing of his term.

3 If a judge so orders, a juror shall also receive

4 reimbursement for the actual cost of child ~~day~~ care incurred

5 by the juror during his or her service on a jury.

6 The juror fees for service, transportation, and child ~~day~~

7 care shall be paid out of the county treasury.

8 The clerk of the court shall furnish to each juror without

9 fee whenever he is discharged a certificate of the number of

10 days' attendance at court, and upon presentation thereof to

11 the county treasurer, he shall pay to the juror the sum

12 provided for his service.

13 Any juror may elect to waive the fee paid for service,

14 transportation, or child ~~day~~ care, or any combination thereof.

15 (Source: P.A. 97-840, eff. 1-1-13.)

16 (55 ILCS 5/5-1097.5)

17 Sec. 5-1097.5. Adult entertainment facility. It is

18 prohibited within an unincorporated area of a county to locate

19 an adult entertainment facility within 3,000 feet of the

20 property boundaries of any school,child ~~day~~ care center,

21 cemetery, public park, forest preserve, public housing, place

22 of religious worship, or residence, except that in a county

23 with a population of more than 800,000 and less than 2,000,000

24 inhabitants, it is prohibited to locate, construct, or operate

25 a new adult entertainment facility within one mile of the

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1 property boundaries of any school, child ~~day~~ care center,

2 cemetery, public park, forest preserve, public housing, or

3 place of religious worship located anywhere within that

4 county. Notwithstanding any other requirements of this

5 Section, it is also prohibited to locate, construct, or

6 operate a new adult entertainment facility within one mile of

7 the property boundaries of any school, child ~~day~~ care center,

8 cemetery, public park, forest preserve, public housing, or

9 place of religious worship located in that area of Cook County

10 outside of the City of Chicago.

11 For the purposes of this Section, "adult entertainment

12 facility" means (i) a striptease club or pornographic movie

13 theatre whose business is the commercial sale, dissemination,

14 or distribution of sexually explicit material, shows, or other

15 exhibitions or (ii) an adult bookstore or adult video store

16 whose primary business is the commercial sale, dissemination,

17 or distribution of sexually explicit material, shows, or other

18 exhibitions. "Unincorporated area of a county" means any area

19 not within the boundaries of a municipality.

20 The State's Attorney of the county where the adult

21 entertainment facility is located or the Attorney General may

22 institute a civil action for an injunction to restrain

23 violations of this Section. In that proceeding, the court

24 shall determine whether a violation has been committed and

25 shall enter such orders as it considers necessary to remove

26 the effect of any violation and to prevent the violation from

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1 continuing or from being renewed in the future.

2 (Source: P.A. 94-496, eff. 1-1-06; 95-214, eff. 8-16-07.)

3 Section 80. The Township Code is amended by changing

4 Section 85-13 as follows:

5 (60 ILCS 1/85-13)

6 Sec. 85-13. Township services, generally.

7 (a) The township board may either expend funds directly or

8 may enter into any cooperative agreement or contract with any

9 other governmental entity, not-for-profit corporation,

10 non-profit community service association, or any for-profit

11 business entity as provided in subsection (b) with respect to

12 the expenditure of township funds, or funds made available to

13 the township under the federal State and Local Fiscal

14 Assistance Act of 1972, to provide any of the following

15 services to the residents of the township:

16 (1) Ordinary and necessary maintenance and operating

17 expenses for the following:

18 (A) Public safety (including law enforcement, fire

19 protection, and building code enforcement).

20 (B) Environmental protection (including sewage

21 disposal, sanitation, and pollution abatement).

22 (C) Public transportation (including transit

23 systems, paratransit systems, and streets and roads).

24 (D) Health.

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1 (E) Recreation.

2 (F) Libraries.

3 (G) Social services for the poor and aged.

4 (2) Ordinary and necessary capital expenditures

5 authorized by law.

6 (3) Development and retention of business, industrial,

7 manufacturing, and tourist facilities within the township.

8 (b) To be eligible to receive funds from the township

9 under this Section, a private not-for-profit corporation or

10 community service association shall have been in existence at

11 least one year before receiving the funds. The township board

12 may, however, for the purpose of providing child ~~day~~ care

13 services, contract withchild ~~day~~ care facilities licensed

14 under the Child Care Act of 1969, regardless of whether the

15 facilities are organized on a for-profit or not-for-profit

16 basis.

17 (c) Township governments that directly expend or contract

18 for child ~~day~~care shall use the standard of need established

19 by the Department of Children and Family Services in

20 determining recipients of subsidized child ~~day~~ care and shall

21 use the rate schedule used by the Department of Children and

22 Family Services for the purchase of subsidizedchild ~~day~~ care.

23 (d) Township governments that directly expend or contract

24 for senior citizen services may contract with for-profit (or

25 not-for-profit) and non-sectarian organizations as provided in

26 Sections 220-15 and 220-35.

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1 (e) Those township supervisors or other elected township

2 officials who are also members of a county board shall not vote

3 on questions before the township board or the county board

4 that relate to agreements or contracts between the township

5 and the county under this Section or agreements or contracts

6 between the township and the county that are otherwise

7 authorized by law.

8 (f) The township board may enter into direct agreements

9 with for-profit corporations or other business entities to

10 carry out recycling programs in unincorporated areas of the

11 township.

12 The township board may by ordinance administer a recycling

13 program or adopt rules and regulations relating to recycling

14 programs in unincorporated areas of the township that it from

15 time to time deems necessary and may provide penalties for

16 violations of those rules and regulations.

17 (g) For purposes of alleviating high unemployment,

18 economically depressed conditions, and lack of moderately

19 priced housing, the trustees of a township that includes all

20 or a portion of a city that is a "financially distressed city"

21 under the Financially Distressed City Law may contract with

22 one or more not-for-profit or for-profit organizations to

23 construct and operate within the boundaries of the township a

24 factory designed to manufacture housing or housing components.

25 The contract may provide for the private organization or

26 organizations to manage some or all operations of the factory

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1 and may provide for (i) payment of employee compensation and

2 taxes; (ii) discharge of other legal responsibilities; (iii)

3 sale of products; (iv) disposition of the factory, equipment,

4 and other property; and (v) any other matters the township

5 trustees consider reasonable.

6 (Source: P.A. 95-119, eff. 8-13-07.)

7 Section 85. The Illinois Municipal Code is amended by

8 changing Sections 8-3-18, 11-5-1.5, 11-21.5-5, 11-74.4-3, and

9 11-80-15 as follows:

10 (65 ILCS 5/8-3-18)

11 Sec. 8-3-18. A municipality, upon a majority vote of its

12 governing authority, may abate taxes levied for corporate

13 purposes under Section 8-3-1 in an amount not to exceed 50% of

14 the donation by a taxpayer who donates not less than $10,000 to

15 a qualified program. The abatement shall not exceed the tax

16 extension on the taxpayer's real property for the levy year in

17 which the donation is made.

18 For purposes of this Section, "qualified program" means a

19 facility or a program in an area designated as a target area by

20 the governing authority of the municipality for the creation

21 or expansion of job training and counseling programs, youth

22 child ~~day~~care centers, congregate housing programs for senior

23 adults, youth recreation programs, alcohol and drug abuse

24 prevention, mental health counseling programs, domestic

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1 violence shelters, and other programs, facilities or services

2 approved by the governing authority as qualified programs in a

3 target area.

4 (Source: P.A. 88-389.)

5 (65 ILCS 5/11-5-1.5)

6 Sec. 11-5-1.5. Adult entertainment facility. It is

7 prohibited within a municipality to locate an adult

8 entertainment facility within 1,000 feet of the property

9 boundaries of any school, child ~~day~~ care center, cemetery,

10 public park, forest preserve, public housing, and place of

11 religious worship, except that in a county with a population

12 of more than 800,000 and less than 2,000,000 inhabitants, it

13 is prohibited to locate, construct, or operate a new adult

14 entertainment facility within one mile of the property

15 boundaries of any school, child ~~day~~ care center, cemetery,

16 public park, forest preserve, public housing, or place of

17 religious worship located anywhere within that county.

18 Notwithstanding any other requirements of this Section, it is

19 also prohibited to locate, construct, or operate a new adult

20 entertainment facility within one mile of the property

21 boundaries of any school, child ~~day~~ care center, cemetery,

22 public park, forest preserve, public housing, or place of

23 religious worship located in that area of Cook County outside

24 of the City of Chicago.

25 For the purposes of this Section, "adult entertainment

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1 facility" means (i) a striptease club or pornographic movie

2 theatre whose business is the commercial sale, dissemination,

3 or distribution of sexually explicit material, shows, or other

4 exhibitions or (ii) an adult bookstore or adult video store in

5 which 25% or more of its stock-in-trade, books, magazines, and

6 films for sale, exhibition, or viewing on-premises are

7 sexually explicit material.

8 (Source: P.A. 95-47, eff. 1-1-08; 95-214, eff. 8-16-07;

9 95-876, eff. 8-21-08.)

10 (65 ILCS 5/11-21.5-5)

11 Sec. 11-21.5-5. Local emergency energy plans.

12 (a) Any municipality, including a home rule municipality,

13 may, by ordinance, require any electric utility (i) that

14 serves more than 1,000,000 customers in Illinois and (ii) that

15 is operating within the corporate limits of the municipality

16 to adopt and to provide the municipality with a local

17 emergency energy plan. For the purposes of this Section, (i)

18 "local emergency energy plan" or "plan" means a planned course

19 of action developed by the electric utility that is

20 implemented when the demand for electricity exceeds, or is at

21 significant risk of exceeding, the supply of electricity

22 available to the electric utility and (ii) "local emergency

23 energy plan ordinance" means an ordinance adopted by the

24 corporate authorities of the municipality under this Section

25 that requires local emergency energy plans.

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1 (b) A local emergency energy plan must include the

2 following information:

3 (1) the circumstances that would require the

4 implementation of the plan;

5 (2) the levels or stages of the plan;

6 (3) the approximate geographic limits of each outage

7 area provided for in the plan;

8 (4) the approximate number of customers within each

9 outage area provided for in the plan;

10 (5) any police facilities, fire stations, hospitals,

11 nursing homes, schools,child ~~day~~ care centers, senior

12 citizens centers, community health centers, blood banks,

13 dialysis centers, community mental health centers,

14 correctional facilities, stormwater and wastewater

15 treatment or pumping facilities, water-pumping stations,

16 buildings in excess of 80 feet in height that have been

17 identified by the municipality, and persons on life

18 support systems that are known to the electric utility

19 that could be affected by controlled rotating

20 interruptions of electric service under the plan; and

21 (6) the anticipated sequence and duration of

22 intentional interruptions of electric service to each

23 outage area under the plan.

24 (c) A local emergency energy plan ordinance may require

25 that, when an electric utility determines it is necessary to

26 implement a controlled rotating interruption of electric

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1 service because the demand for electricity exceeds, or is at

2 significant risk of exceeding, the supply of electricity

3 available to the electric utility, the electric utility notify

4 a designated municipal officer that the electric utility will

5 be implementing its local emergency energy plan. The

6 notification shall be made pursuant to a procedure approved by

7 the municipality after consultation with the electric utility.

8 (d) After providing the notice required in subsection (c),

9 an electric utility shall reasonably and separately advise

10 designated municipal officials before it implements each level

11 or stage of the plan, which shall include (i) a request for

12 emergency help from neighboring utilities, (ii) a declaration

13 of a control area emergency, and (iii) a public appeal for

14 voluntary curtailment of electricity use.

15 (e) The electric utility must give a separate notice to a

16 designated municipal official immediately after it determines

17 that there will be a controlled rotating interruption of

18 electric service under the local emergency energy plan. The

19 notification must include (i) the areas in which service will

20 be interrupted, (ii) the sequence and estimated duration of

21 the service outage for each area, (iii) the affected feeders,

22 and (iv) the number of affected customers in each area.

23 Whenever practical, the notification shall be made at least 2

24 hours before the time of the outages. If the electric utility

25 is aware that controlled rotating interruptions may be

26 required, the notification may not be made less than 30

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1 minutes before the outages.

2 (f) A local emergency energy plan ordinance may provide

3 civil penalties for violations of its provisions. The

4 penalties must be permitted under the Illinois Municipal Code.

5 (g) The notifications required by this Section are in

6 addition to the notification requirements of any applicable

7 franchise agreement or ordinance and to the notification

8 requirements of any applicable federal or State law, rule, and

9 regulation.

10 (h) Except for any penalties or remedies that may be

11 provided in a local emergency energy plan ordinance, in this

12 Act, or in rules adopted by the Illinois Commerce Commission,

13 nothing in this Section shall be construed to impose liability

14 for or prevent a utility from taking any actions that are

15 necessary at any time, in any order, and with or without notice

16 that are required to preserve the integrity of the electric

17 utility's electrical system and interconnected network.

18 (i) Nothing in this Section, a local emergency energy plan

19 ordinance, or a local emergency energy plan creates any duty

20 of a municipality to any person or entity. No municipality may

21 be subject to any claim or cause of action arising, directly or

22 indirectly, from its decision to adopt or to refrain from

23 adopting a local emergency energy plan ordinance. No

24 municipality may be subject to any claim or cause of action

25 arising, directly or indirectly, from any act or omission

26 under the terms of or information provided in a local

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1 emergency energy plan filed under a local emergency energy

2 plan ordinance.

3 (Source: P.A. 92-651, eff. 7-11-02; 93-293, eff. 7-22-03.)

4 (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)

5 Sec. 11-74.4-3. Definitions. The following terms, wherever

6 used or referred to in this Division 74.4 shall have the

7 following respective meanings, unless in any case a different

8 meaning clearly appears from the context.

9 (a) For any redevelopment project area that has been

10 designated pursuant to this Section by an ordinance adopted

11 prior to November 1, 1999 (the effective date of Public Act

12 91-478), "blighted area" shall have the meaning set forth in

13 this Section prior to that date.

14 On and after November 1, 1999, "blighted area" means any

15 improved or vacant area within the boundaries of a

16 redevelopment project area located within the territorial

17 limits of the municipality where:

18 (1) If improved, industrial, commercial, and

19 residential buildings or improvements are detrimental to

20 the public safety, health, or welfare because of a

21 combination of 5 or more of the following factors, each of

22 which is (i) present, with that presence documented, to a

23 meaningful extent so that a municipality may reasonably

24 find that the factor is clearly present within the intent

25 of the Act and (ii) reasonably distributed throughout the

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1 improved part of the redevelopment project area:

2 (A) Dilapidation. An advanced state of disrepair

3 or neglect of necessary repairs to the primary

4 structural components of buildings or improvements in

5 such a combination that a documented building

6 condition analysis determines that major repair is

7 required or the defects are so serious and so

8 extensive that the buildings must be removed.

9 (B) Obsolescence. The condition or process of

10 falling into disuse. Structures have become ill-suited

11 for the original use.

12 (C) Deterioration. With respect to buildings,

13 defects including, but not limited to, major defects

14 in the secondary building components such as doors,

15 windows, porches, gutters and downspouts, and fascia.

16 With respect to surface improvements, that the

17 condition of roadways, alleys, curbs, gutters,

18 sidewalks, off-street parking, and surface storage

19 areas evidence deterioration, including, but not

20 limited to, surface cracking, crumbling, potholes,

21 depressions, loose paving material, and weeds

22 protruding through paved surfaces.

23 (D) Presence of structures below minimum code

24 standards. All structures that do not meet the

25 standards of zoning, subdivision, building, fire, and

26 other governmental codes applicable to property, but

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1 not including housing and property maintenance codes.

2 (E) Illegal use of individual structures. The use

3 of structures in violation of applicable federal,

4 State, or local laws, exclusive of those applicable to

5 the presence of structures below minimum code

6 standards.

7 (F) Excessive vacancies. The presence of buildings

8 that are unoccupied or under-utilized and that

9 represent an adverse influence on the area because of

10 the frequency, extent, or duration of the vacancies.

11 (G) Lack of ventilation, light, or sanitary

12 facilities. The absence of adequate ventilation for

13 light or air circulation in spaces or rooms without

14 windows, or that require the removal of dust, odor,

15 gas, smoke, or other noxious airborne materials.

16 Inadequate natural light and ventilation means the

17 absence of skylights or windows for interior spaces or

18 rooms and improper window sizes and amounts by room

19 area to window area ratios. Inadequate sanitary

20 facilities refers to the absence or inadequacy of

21 garbage storage and enclosure, bathroom facilities,

22 hot water and kitchens, and structural inadequacies

23 preventing ingress and egress to and from all rooms

24 and units within a building.

25 (H) Inadequate utilities. Underground and overhead

26 utilities such as storm sewers and storm drainage,

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1 sanitary sewers, water lines, and gas, telephone, and

2 electrical services that are shown to be inadequate.

3 Inadequate utilities are those that are: (i) of

4 insufficient capacity to serve the uses in the

5 redevelopment project area, (ii) deteriorated,

6 antiquated, obsolete, or in disrepair, or (iii)

7 lacking within the redevelopment project area.

8 (I) Excessive land coverage and overcrowding of

9 structures and community facilities. The

10 over-intensive use of property and the crowding of

11 buildings and accessory facilities onto a site.

12 Examples of problem conditions warranting the

13 designation of an area as one exhibiting excessive

14 land coverage are: (i) the presence of buildings

15 either improperly situated on parcels or located on

16 parcels of inadequate size and shape in relation to

17 present-day standards of development for health and

18 safety and (ii) the presence of multiple buildings on

19 a single parcel. For there to be a finding of excessive

20 land coverage, these parcels must exhibit one or more

21 of the following conditions: insufficient provision

22 for light and air within or around buildings,

23 increased threat of spread of fire due to the close

24 proximity of buildings, lack of adequate or proper

25 access to a public right-of-way, lack of reasonably

26 required off-street parking, or inadequate provision

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1 for loading and service.

2 (J) Deleterious land use or layout. The existence

3 of incompatible land-use relationships, buildings

4 occupied by inappropriate mixed-uses, or uses

5 considered to be noxious, offensive, or unsuitable for

6 the surrounding area.

7 (K) Environmental clean-up. The proposed

8 redevelopment project area has incurred Illinois

9 Environmental Protection Agency or United States

10 Environmental Protection Agency remediation costs for,

11 or a study conducted by an independent consultant

12 recognized as having expertise in environmental

13 remediation has determined a need for, the clean-up of

14 hazardous waste, hazardous substances, or underground

15 storage tanks required by State or federal law,

16 provided that the remediation costs constitute a

17 material impediment to the development or

18 redevelopment of the redevelopment project area.

19 (L) Lack of community planning. The proposed

20 redevelopment project area was developed prior to or

21 without the benefit or guidance of a community plan.

22 This means that the development occurred prior to the

23 adoption by the municipality of a comprehensive or

24 other community plan or that the plan was not followed

25 at the time of the area's development. This factor

26 must be documented by evidence of adverse or

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1 incompatible land-use relationships, inadequate street

2 layout, improper subdivision, parcels of inadequate

3 shape and size to meet contemporary development

4 standards, or other evidence demonstrating an absence

5 of effective community planning.

6 (M) The total equalized assessed value of the

7 proposed redevelopment project area has declined for 3

8 of the last 5 calendar years prior to the year in which

9 the redevelopment project area is designated or is

10 increasing at an annual rate that is less than the

11 balance of the municipality for 3 of the last 5

12 calendar years for which information is available or

13 is increasing at an annual rate that is less than the

14 Consumer Price Index for All Urban Consumers published

15 by the United States Department of Labor or successor

16 agency for 3 of the last 5 calendar years prior to the

17 year in which the redevelopment project area is

18 designated.

19 (2) If vacant, the sound growth of the redevelopment

20 project area is impaired by a combination of 2 or more of

21 the following factors, each of which is (i) present, with

22 that presence documented, to a meaningful extent so that a

23 municipality may reasonably find that the factor is

24 clearly present within the intent of the Act and (ii)

25 reasonably distributed throughout the vacant part of the

26 redevelopment project area to which it pertains:

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1 (A) Obsolete platting of vacant land that results

2 in parcels of limited or narrow size or configurations

3 of parcels of irregular size or shape that would be

4 difficult to develop on a planned basis and in a manner

5 compatible with contemporary standards and

6 requirements, or platting that failed to create

7 rights-of-ways for streets or alleys or that created

8 inadequate right-of-way widths for streets, alleys, or

9 other public rights-of-way or that omitted easements

10 for public utilities.

11 (B) Diversity of ownership of parcels of vacant

12 land sufficient in number to retard or impede the

13 ability to assemble the land for development.

14 (C) Tax and special assessment delinquencies exist

15 or the property has been the subject of tax sales under

16 the Property Tax Code within the last 5 years.

17 (D) Deterioration of structures or site

18 improvements in neighboring areas adjacent to the

19 vacant land.

20 (E) The area has incurred Illinois Environmental

21 Protection Agency or United States Environmental

22 Protection Agency remediation costs for, or a study

23 conducted by an independent consultant recognized as

24 having expertise in environmental remediation has

25 determined a need for, the clean-up of hazardous

26 waste, hazardous substances, or underground storage

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1 tanks required by State or federal law, provided that

2 the remediation costs constitute a material impediment

3 to the development or redevelopment of the

4 redevelopment project area.

5 (F) The total equalized assessed value of the

6 proposed redevelopment project area has declined for 3

7 of the last 5 calendar years prior to the year in which

8 the redevelopment project area is designated or is

9 increasing at an annual rate that is less than the

10 balance of the municipality for 3 of the last 5

11 calendar years for which information is available or

12 is increasing at an annual rate that is less than the

13 Consumer Price Index for All Urban Consumers published

14 by the United States Department of Labor or successor

15 agency for 3 of the last 5 calendar years prior to the

16 year in which the redevelopment project area is

17 designated.

18 (3) If vacant, the sound growth of the redevelopment

19 project area is impaired by one of the following factors

20 that (i) is present, with that presence documented, to a

21 meaningful extent so that a municipality may reasonably

22 find that the factor is clearly present within the intent

23 of the Act and (ii) is reasonably distributed throughout

24 the vacant part of the redevelopment project area to which

25 it pertains:

26 (A) The area consists of one or more unused

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1 quarries, mines, or strip mine ponds.

2 (B) The area consists of unused rail yards, rail

3 tracks, or railroad rights-of-way.

4 (C) The area, prior to its designation, is subject

5 to (i) chronic flooding that adversely impacts on real

6 property in the area as certified by a registered

7 professional engineer or appropriate regulatory agency

8 or (ii) surface water that discharges from all or a

9 part of the area and contributes to flooding within

10 the same watershed, but only if the redevelopment

11 project provides for facilities or improvements to

12 contribute to the alleviation of all or part of the

13 flooding.

14 (D) The area consists of an unused or illegal

15 disposal site containing earth, stone, building

16 debris, or similar materials that were removed from

17 construction, demolition, excavation, or dredge sites.

18 (E) Prior to November 1, 1999, the area is not less

19 than 50 nor more than 100 acres and 75% of which is

20 vacant (notwithstanding that the area has been used

21 for commercial agricultural purposes within 5 years

22 prior to the designation of the redevelopment project

23 area), and the area meets at least one of the factors

24 itemized in paragraph (1) of this subsection, the area

25 has been designated as a town or village center by

26 ordinance or comprehensive plan adopted prior to

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1 January 1, 1982, and the area has not been developed

2 for that designated purpose.

3 (F) The area qualified as a blighted improved area

4 immediately prior to becoming vacant, unless there has

5 been substantial private investment in the immediately

6 surrounding area.

7 (b) For any redevelopment project area that has been

8 designated pursuant to this Section by an ordinance adopted

9 prior to November 1, 1999 (the effective date of Public Act

10 91-478), "conservation area" shall have the meaning set forth

11 in this Section prior to that date.

12 On and after November 1, 1999, "conservation area" means

13 any improved area within the boundaries of a redevelopment

14 project area located within the territorial limits of the

15 municipality in which 50% or more of the structures in the area

16 have an age of 35 years or more. Such an area is not yet a

17 blighted area but because of a combination of 3 or more of the

18 following factors is detrimental to the public safety, health,

19 morals or welfare and such an area may become a blighted area:

20 (1) Dilapidation. An advanced state of disrepair or

21 neglect of necessary repairs to the primary structural

22 components of buildings or improvements in such a

23 combination that a documented building condition analysis

24 determines that major repair is required or the defects

25 are so serious and so extensive that the buildings must be

26 removed.

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1 (2) Obsolescence. The condition or process of falling

2 into disuse. Structures have become ill-suited for the

3 original use.

4 (3) Deterioration. With respect to buildings, defects

5 including, but not limited to, major defects in the

6 secondary building components such as doors, windows,

7 porches, gutters and downspouts, and fascia. With respect

8 to surface improvements, that the condition of roadways,

9 alleys, curbs, gutters, sidewalks, off-street parking, and

10 surface storage areas evidence deterioration, including,

11 but not limited to, surface cracking, crumbling, potholes,

12 depressions, loose paving material, and weeds protruding

13 through paved surfaces.

14 (4) Presence of structures below minimum code

15 standards. All structures that do not meet the standards

16 of zoning, subdivision, building, fire, and other

17 governmental codes applicable to property, but not

18 including housing and property maintenance codes.

19 (5) Illegal use of individual structures. The use of

20 structures in violation of applicable federal, State, or

21 local laws, exclusive of those applicable to the presence

22 of structures below minimum code standards.

23 (6) Excessive vacancies. The presence of buildings

24 that are unoccupied or under-utilized and that represent

25 an adverse influence on the area because of the frequency,

26 extent, or duration of the vacancies.

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1 (7) Lack of ventilation, light, or sanitary

2 facilities. The absence of adequate ventilation for light

3 or air circulation in spaces or rooms without windows, or

4 that require the removal of dust, odor, gas, smoke, or

5 other noxious airborne materials. Inadequate natural light

6 and ventilation means the absence or inadequacy of

7 skylights or windows for interior spaces or rooms and

8 improper window sizes and amounts by room area to window

9 area ratios. Inadequate sanitary facilities refers to the

10 absence or inadequacy of garbage storage and enclosure,

11 bathroom facilities, hot water and kitchens, and

12 structural inadequacies preventing ingress and egress to

13 and from all rooms and units within a building.

14 (8) Inadequate utilities. Underground and overhead

15 utilities such as storm sewers and storm drainage,

16 sanitary sewers, water lines, and gas, telephone, and

17 electrical services that are shown to be inadequate.

18 Inadequate utilities are those that are: (i) of

19 insufficient capacity to serve the uses in the

20 redevelopment project area, (ii) deteriorated, antiquated,

21 obsolete, or in disrepair, or (iii) lacking within the

22 redevelopment project area.

23 (9) Excessive land coverage and overcrowding of

24 structures and community facilities. The over-intensive

25 use of property and the crowding of buildings and

26 accessory facilities onto a site. Examples of problem

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1 conditions warranting the designation of an area as one

2 exhibiting excessive land coverage are: the presence of

3 buildings either improperly situated on parcels or located

4 on parcels of inadequate size and shape in relation to

5 present-day standards of development for health and safety

6 and the presence of multiple buildings on a single parcel.

7 For there to be a finding of excessive land coverage,

8 these parcels must exhibit one or more of the following

9 conditions: insufficient provision for light and air

10 within or around buildings, increased threat of spread of

11 fire due to the close proximity of buildings, lack of

12 adequate or proper access to a public right-of-way, lack

13 of reasonably required off-street parking, or inadequate

14 provision for loading and service.

15 (10) Deleterious land use or layout. The existence of

16 incompatible land-use relationships, buildings occupied by

17 inappropriate mixed-uses, or uses considered to be

18 noxious, offensive, or unsuitable for the surrounding

19 area.

20 (11) Lack of community planning. The proposed

21 redevelopment project area was developed prior to or

22 without the benefit or guidance of a community plan. This

23 means that the development occurred prior to the adoption

24 by the municipality of a comprehensive or other community

25 plan or that the plan was not followed at the time of the

26 area's development. This factor must be documented by

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1 evidence of adverse or incompatible land-use

2 relationships, inadequate street layout, improper

3 subdivision, parcels of inadequate shape and size to meet

4 contemporary development standards, or other evidence

5 demonstrating an absence of effective community planning.

6 (12) The area has incurred Illinois Environmental

7 Protection Agency or United States Environmental

8 Protection Agency remediation costs for, or a study

9 conducted by an independent consultant recognized as

10 having expertise in environmental remediation has

11 determined a need for, the clean-up of hazardous waste,

12 hazardous substances, or underground storage tanks

13 required by State or federal law, provided that the

14 remediation costs constitute a material impediment to the

15 development or redevelopment of the redevelopment project

16 area.

17 (13) The total equalized assessed value of the

18 proposed redevelopment project area has declined for 3 of

19 the last 5 calendar years for which information is

20 available or is increasing at an annual rate that is less

21 than the balance of the municipality for 3 of the last 5

22 calendar years for which information is available or is

23 increasing at an annual rate that is less than the

24 Consumer Price Index for All Urban Consumers published by

25 the United States Department of Labor or successor agency

26 for 3 of the last 5 calendar years for which information is

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1 available.

2 (c) "Industrial park" means an area in a blighted or

3 conservation area suitable for use by any manufacturing,

4 industrial, research or transportation enterprise, of

5 facilities to include but not be limited to factories, mills,

6 processing plants, assembly plants, packing plants,

7 fabricating plants, industrial distribution centers,

8 warehouses, repair overhaul or service facilities, freight

9 terminals, research facilities, test facilities or railroad

10 facilities.

11 (d) "Industrial park conservation area" means an area

12 within the boundaries of a redevelopment project area located

13 within the territorial limits of a municipality that is a

14 labor surplus municipality or within 1 1/2 miles of the

15 territorial limits of a municipality that is a labor surplus

16 municipality if the area is annexed to the municipality; which

17 area is zoned as industrial no later than at the time the

18 municipality by ordinance designates the redevelopment project

19 area, and which area includes both vacant land suitable for

20 use as an industrial park and a blighted area or conservation

21 area contiguous to such vacant land.

22 (e) "Labor surplus municipality" means a municipality in

23 which, at any time during the 6 months before the municipality

24 by ordinance designates an industrial park conservation area,

25 the unemployment rate was over 6% and was also 100% or more of

26 the national average unemployment rate for that same time as

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1 published in the United States Department of Labor Bureau of

2 Labor Statistics publication entitled "The Employment

3 Situation" or its successor publication. For the purpose of

4 this subsection, if unemployment rate statistics for the

5 municipality are not available, the unemployment rate in the

6 municipality shall be deemed to be the same as the

7 unemployment rate in the principal county in which the

8 municipality is located.

9 (f) "Municipality" shall mean a city, village,

10 incorporated town, or a township that is located in the

11 unincorporated portion of a county with 3 million or more

12 inhabitants, if the county adopted an ordinance that approved

13 the township's redevelopment plan.

14 (g) "Initial Sales Tax Amounts" means the amount of taxes

15 paid under the Retailers' Occupation Tax Act, Use Tax Act,

16 Service Use Tax Act, the Service Occupation Tax Act, the

17 Municipal Retailers' Occupation Tax Act, and the Municipal

18 Service Occupation Tax Act by retailers and servicemen on

19 transactions at places located in a State Sales Tax Boundary

20 during the calendar year 1985.

21 (g-1) "Revised Initial Sales Tax Amounts" means the amount

22 of taxes paid under the Retailers' Occupation Tax Act, Use Tax

23 Act, Service Use Tax Act, the Service Occupation Tax Act, the

24 Municipal Retailers' Occupation Tax Act, and the Municipal

25 Service Occupation Tax Act by retailers and servicemen on

26 transactions at places located within the State Sales Tax

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1 Boundary revised pursuant to Section 11-74.4-8a(9) of this

2 Act.

3 (h) "Municipal Sales Tax Increment" means an amount equal

4 to the increase in the aggregate amount of taxes paid to a

5 municipality from the Local Government Tax Fund arising from

6 sales by retailers and servicemen within the redevelopment

7 project area or State Sales Tax Boundary, as the case may be,

8 for as long as the redevelopment project area or State Sales

9 Tax Boundary, as the case may be, exist over and above the

10 aggregate amount of taxes as certified by the Illinois

11 Department of Revenue and paid under the Municipal Retailers'

12 Occupation Tax Act and the Municipal Service Occupation Tax

13 Act by retailers and servicemen, on transactions at places of

14 business located in the redevelopment project area or State

15 Sales Tax Boundary, as the case may be, during the base year

16 which shall be the calendar year immediately prior to the year

17 in which the municipality adopted tax increment allocation

18 financing. For purposes of computing the aggregate amount of

19 such taxes for base years occurring prior to 1985, the

20 Department of Revenue shall determine the Initial Sales Tax

21 Amounts for such taxes and deduct therefrom an amount equal to

22 4% of the aggregate amount of taxes per year for each year the

23 base year is prior to 1985, but not to exceed a total deduction

24 of 12%. The amount so determined shall be known as the

25 "Adjusted Initial Sales Tax Amounts". For purposes of

26 determining the Municipal Sales Tax Increment, the Department

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1 of Revenue shall for each period subtract from the amount paid

2 to the municipality from the Local Government Tax Fund arising

3 from sales by retailers and servicemen on transactions located

4 in the redevelopment project area or the State Sales Tax

5 Boundary, as the case may be, the certified Initial Sales Tax

6 Amounts, the Adjusted Initial Sales Tax Amounts or the Revised

7 Initial Sales Tax Amounts for the Municipal Retailers'

8 Occupation Tax Act and the Municipal Service Occupation Tax

9 Act. For the State Fiscal Year 1989, this calculation shall be

10 made by utilizing the calendar year 1987 to determine the tax

11 amounts received. For the State Fiscal Year 1990, this

12 calculation shall be made by utilizing the period from January

13 1, 1988, until September 30, 1988, to determine the tax

14 amounts received from retailers and servicemen pursuant to the

15 Municipal Retailers' Occupation Tax and the Municipal Service

16 Occupation Tax Act, which shall have deducted therefrom

17 nine-twelfths of the certified Initial Sales Tax Amounts, the

18 Adjusted Initial Sales Tax Amounts or the Revised Initial

19 Sales Tax Amounts as appropriate. For the State Fiscal Year

20 1991, this calculation shall be made by utilizing the period

21 from October 1, 1988, to June 30, 1989, to determine the tax

22 amounts received from retailers and servicemen pursuant to the

23 Municipal Retailers' Occupation Tax and the Municipal Service

24 Occupation Tax Act which shall have deducted therefrom

25 nine-twelfths of the certified Initial Sales Tax Amounts,

26 Adjusted Initial Sales Tax Amounts or the Revised Initial

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1 Sales Tax Amounts as appropriate. For every State Fiscal Year

2 thereafter, the applicable period shall be the 12 months

3 beginning July 1 and ending June 30 to determine the tax

4 amounts received which shall have deducted therefrom the

5 certified Initial Sales Tax Amounts, the Adjusted Initial

6 Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as

7 the case may be.

8 (i) "Net State Sales Tax Increment" means the sum of the

9 following: (a) 80% of the first $100,000 of State Sales Tax

10 Increment annually generated within a State Sales Tax

11 Boundary; (b) 60% of the amount in excess of $100,000 but not

12 exceeding $500,000 of State Sales Tax Increment annually

13 generated within a State Sales Tax Boundary; and (c) 40% of all

14 amounts in excess of $500,000 of State Sales Tax Increment

15 annually generated within a State Sales Tax Boundary. If,

16 however, a municipality established a tax increment financing

17 district in a county with a population in excess of 3,000,000

18 before January 1, 1986, and the municipality entered into a

19 contract or issued bonds after January 1, 1986, but before

20 December 31, 1986, to finance redevelopment project costs

21 within a State Sales Tax Boundary, then the Net State Sales Tax

22 Increment means, for the fiscal years beginning July 1, 1990,

23 and July 1, 1991, 100% of the State Sales Tax Increment

24 annually generated within a State Sales Tax Boundary; and

25 notwithstanding any other provision of this Act, for those

26 fiscal years the Department of Revenue shall distribute to

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1 those municipalities 100% of their Net State Sales Tax

2 Increment before any distribution to any other municipality

3 and regardless of whether or not those other municipalities

4 will receive 100% of their Net State Sales Tax Increment. For

5 Fiscal Year 1999, and every year thereafter until the year

6 2007, for any municipality that has not entered into a

7 contract or has not issued bonds prior to June 1, 1988 to

8 finance redevelopment project costs within a State Sales Tax

9 Boundary, the Net State Sales Tax Increment shall be

10 calculated as follows: By multiplying the Net State Sales Tax

11 Increment by 90% in the State Fiscal Year 1999; 80% in the

12 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%

13 in the State Fiscal Year 2002; 50% in the State Fiscal Year

14 2003; 40% in the State Fiscal Year 2004; 30% in the State

15 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in

16 the State Fiscal Year 2007. No payment shall be made for State

17 Fiscal Year 2008 and thereafter.

18 Municipalities that issued bonds in connection with a

19 redevelopment project in a redevelopment project area within

20 the State Sales Tax Boundary prior to July 29, 1991, or that

21 entered into contracts in connection with a redevelopment

22 project in a redevelopment project area before June 1, 1988,

23 shall continue to receive their proportional share of the

24 Illinois Tax Increment Fund distribution until the date on

25 which the redevelopment project is completed or terminated.

26 If, however, a municipality that issued bonds in connection

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1 with a redevelopment project in a redevelopment project area

2 within the State Sales Tax Boundary prior to July 29, 1991

3 retires the bonds prior to June 30, 2007 or a municipality that

4 entered into contracts in connection with a redevelopment

5 project in a redevelopment project area before June 1, 1988

6 completes the contracts prior to June 30, 2007, then so long as

7 the redevelopment project is not completed or is not

8 terminated, the Net State Sales Tax Increment shall be

9 calculated, beginning on the date on which the bonds are

10 retired or the contracts are completed, as follows: By

11 multiplying the Net State Sales Tax Increment by 60% in the

12 State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%

13 in the State Fiscal Year 2004; 30% in the State Fiscal Year

14 2005; 20% in the State Fiscal Year 2006; and 10% in the State

15 Fiscal Year 2007. No payment shall be made for State Fiscal

16 Year 2008 and thereafter. Refunding of any bonds issued prior

17 to July 29, 1991, shall not alter the Net State Sales Tax

18 Increment.

19 (j) "State Utility Tax Increment Amount" means an amount

20 equal to the aggregate increase in State electric and gas tax

21 charges imposed on owners and tenants, other than residential

22 customers, of properties located within the redevelopment

23 project area under Section 9-222 of the Public Utilities Act,

24 over and above the aggregate of such charges as certified by

25 the Department of Revenue and paid by owners and tenants,

26 other than residential customers, of properties within the

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1 redevelopment project area during the base year, which shall

2 be the calendar year immediately prior to the year of the

3 adoption of the ordinance authorizing tax increment allocation

4 financing.

5 (k) "Net State Utility Tax Increment" means the sum of the

6 following: (a) 80% of the first $100,000 of State Utility Tax

7 Increment annually generated by a redevelopment project area;

8 (b) 60% of the amount in excess of $100,000 but not exceeding

9 $500,000 of the State Utility Tax Increment annually generated

10 by a redevelopment project area; and (c) 40% of all amounts in

11 excess of $500,000 of State Utility Tax Increment annually

12 generated by a redevelopment project area. For the State

13 Fiscal Year 1999, and every year thereafter until the year

14 2007, for any municipality that has not entered into a

15 contract or has not issued bonds prior to June 1, 1988 to

16 finance redevelopment project costs within a redevelopment

17 project area, the Net State Utility Tax Increment shall be

18 calculated as follows: By multiplying the Net State Utility

19 Tax Increment by 90% in the State Fiscal Year 1999; 80% in the

20 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%

21 in the State Fiscal Year 2002; 50% in the State Fiscal Year

22 2003; 40% in the State Fiscal Year 2004; 30% in the State

23 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in

24 the State Fiscal Year 2007. No payment shall be made for the

25 State Fiscal Year 2008 and thereafter.

26 Municipalities that issue bonds in connection with the

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1 redevelopment project during the period from June 1, 1988

2 until 3 years after the effective date of this Amendatory Act

3 of 1988 shall receive the Net State Utility Tax Increment,

4 subject to appropriation, for 15 State Fiscal Years after the

5 issuance of such bonds. For the 16th through the 20th State

6 Fiscal Years after issuance of the bonds, the Net State

7 Utility Tax Increment shall be calculated as follows: By

8 multiplying the Net State Utility Tax Increment by 90% in year

9 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in

10 year 20. Refunding of any bonds issued prior to June 1, 1988,

11 shall not alter the revised Net State Utility Tax Increment

12 payments set forth above.

13 (l) "Obligations" mean bonds, loans, debentures, notes,

14 special certificates or other evidence of indebtedness issued

15 by the municipality to carry out a redevelopment project or to

16 refund outstanding obligations.

17 (m) "Payment in lieu of taxes" means those estimated tax

18 revenues from real property in a redevelopment project area

19 derived from real property that has been acquired by a

20 municipality which according to the redevelopment project or

21 plan is to be used for a private use which taxing districts

22 would have received had a municipality not acquired the real

23 property and adopted tax increment allocation financing and

24 which would result from levies made after the time of the

25 adoption of tax increment allocation financing to the time the

26 current equalized value of real property in the redevelopment

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1 project area exceeds the total initial equalized value of real

2 property in said area.

3 (n) "Redevelopment plan" means the comprehensive program

4 of the municipality for development or redevelopment intended

5 by the payment of redevelopment project costs to reduce or

6 eliminate those conditions the existence of which qualified

7 the redevelopment project area as a "blighted area" or

8 "conservation area" or combination thereof or "industrial park

9 conservation area," and thereby to enhance the tax bases of

10 the taxing districts which extend into the redevelopment

11 project area, provided that, with respect to redevelopment

12 project areas described in subsections (p-1) and (p-2),

13 "redevelopment plan" means the comprehensive program of the

14 affected municipality for the development of qualifying

15 transit facilities. On and after November 1, 1999 (the

16 effective date of Public Act 91-478), no redevelopment plan

17 may be approved or amended that includes the development of

18 vacant land (i) with a golf course and related clubhouse and

19 other facilities or (ii) designated by federal, State, county,

20 or municipal government as public land for outdoor

21 recreational activities or for nature preserves and used for

22 that purpose within 5 years prior to the adoption of the

23 redevelopment plan. For the purpose of this subsection,

24 "recreational activities" is limited to mean camping and

25 hunting. Each redevelopment plan shall set forth in writing

26 the program to be undertaken to accomplish the objectives and

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1 shall include but not be limited to:

2 (A) an itemized list of estimated redevelopment

3 project costs;

4 (B) evidence indicating that the redevelopment project

5 area on the whole has not been subject to growth and

6 development through investment by private enterprise,

7 provided that such evidence shall not be required for any

8 redevelopment project area located within a transit

9 facility improvement area established pursuant to Section

10 11-74.4-3.3;

11 (C) an assessment of any financial impact of the

12 redevelopment project area on or any increased demand for

13 services from any taxing district affected by the plan and

14 any program to address such financial impact or increased

15 demand;

16 (D) the sources of funds to pay costs;

17 (E) the nature and term of the obligations to be

18 issued;

19 (F) the most recent equalized assessed valuation of

20 the redevelopment project area;

21 (G) an estimate as to the equalized assessed valuation

22 after redevelopment and the general land uses to apply in

23 the redevelopment project area;

24 (H) a commitment to fair employment practices and an

25 affirmative action plan;

26 (I) if it concerns an industrial park conservation

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1 area, the plan shall also include a general description of

2 any proposed developer, user and tenant of any property, a

3 description of the type, structure and general character

4 of the facilities to be developed, a description of the

5 type, class and number of new employees to be employed in

6 the operation of the facilities to be developed; and

7 (J) if property is to be annexed to the municipality,

8 the plan shall include the terms of the annexation

9 agreement.

10 The provisions of items (B) and (C) of this subsection (n)

11 shall not apply to a municipality that before March 14, 1994

12 (the effective date of Public Act 88-537) had fixed, either by

13 its corporate authorities or by a commission designated under

14 subsection (k) of Section 11-74.4-4, a time and place for a

15 public hearing as required by subsection (a) of Section

16 11-74.4-5. No redevelopment plan shall be adopted unless a

17 municipality complies with all of the following requirements:

18 (1) The municipality finds that the redevelopment

19 project area on the whole has not been subject to growth

20 and development through investment by private enterprise

21 and would not reasonably be anticipated to be developed

22 without the adoption of the redevelopment plan, provided,

23 however, that such a finding shall not be required with

24 respect to any redevelopment project area located within a

25 transit facility improvement area established pursuant to

26 Section 11-74.4-3.3.

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1 (2) The municipality finds that the redevelopment plan

2 and project conform to the comprehensive plan for the

3 development of the municipality as a whole, or, for

4 municipalities with a population of 100,000 or more,

5 regardless of when the redevelopment plan and project was

6 adopted, the redevelopment plan and project either: (i)

7 conforms to the strategic economic development or

8 redevelopment plan issued by the designated planning

9 authority of the municipality, or (ii) includes land uses

10 that have been approved by the planning commission of the

11 municipality.

12 (3) The redevelopment plan establishes the estimated

13 dates of completion of the redevelopment project and

14 retirement of obligations issued to finance redevelopment

15 project costs. Those dates may not be later than the dates

16 set forth under Section 11-74.4-3.5.

17 A municipality may by municipal ordinance amend an

18 existing redevelopment plan to conform to this paragraph

19 (3) as amended by Public Act 91-478, which municipal

20 ordinance may be adopted without further hearing or notice

21 and without complying with the procedures provided in this

22 Act pertaining to an amendment to or the initial approval

23 of a redevelopment plan and project and designation of a

24 redevelopment project area.

25 (3.5) The municipality finds, in the case of an

26 industrial park conservation area, also that the

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1 municipality is a labor surplus municipality and that the

2 implementation of the redevelopment plan will reduce

3 unemployment, create new jobs and by the provision of new

4 facilities enhance the tax base of the taxing districts

5 that extend into the redevelopment project area.

6 (4) If any incremental revenues are being utilized

7 under Section 8(a)(1) or 8(a)(2) of this Act in

8 redevelopment project areas approved by ordinance after

9 January 1, 1986, the municipality finds: (a) that the

10 redevelopment project area would not reasonably be

11 developed without the use of such incremental revenues,

12 and (b) that such incremental revenues will be exclusively

13 utilized for the development of the redevelopment project

14 area.

15 (5) If: (a) the redevelopment plan will not result in

16 displacement of residents from 10 or more inhabited

17 residential units, and the municipality certifies in the

18 plan that such displacement will not result from the plan;

19 or (b) the redevelopment plan is for a redevelopment

20 project area or a qualifying transit facility located

21 within a transit facility improvement area established

22 pursuant to Section 11-74.4-3.3, and the applicable

23 project is subject to the process for evaluation of

24 environmental effects under the National Environmental

25 Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing

26 impact study need not be performed. If, however, the

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1 redevelopment plan would result in the displacement of

2 residents from 10 or more inhabited residential units, or

3 if the redevelopment project area contains 75 or more

4 inhabited residential units and no certification is made,

5 then the municipality shall prepare, as part of the

6 separate feasibility report required by subsection (a) of

7 Section 11-74.4-5, a housing impact study.

8 Part I of the housing impact study shall include (i)

9 data as to whether the residential units are single family

10 or multi-family units, (ii) the number and type of rooms

11 within the units, if that information is available, (iii)

12 whether the units are inhabited or uninhabited, as

13 determined not less than 45 days before the date that the

14 ordinance or resolution required by subsection (a) of

15 Section 11-74.4-5 is passed, and (iv) data as to the

16 racial and ethnic composition of the residents in the

17 inhabited residential units. The data requirement as to

18 the racial and ethnic composition of the residents in the

19 inhabited residential units shall be deemed to be fully

20 satisfied by data from the most recent federal census.

21 Part II of the housing impact study shall identify the

22 inhabited residential units in the proposed redevelopment

23 project area that are to be or may be removed. If inhabited

24 residential units are to be removed, then the housing

25 impact study shall identify (i) the number and location of

26 those units that will or may be removed, (ii) the

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1 municipality's plans for relocation assistance for those

2 residents in the proposed redevelopment project area whose

3 residences are to be removed, (iii) the availability of

4 replacement housing for those residents whose residences

5 are to be removed, and shall identify the type, location,

6 and cost of the housing, and (iv) the type and extent of

7 relocation assistance to be provided.

8 (6) On and after November 1, 1999, the housing impact

9 study required by paragraph (5) shall be incorporated in

10 the redevelopment plan for the redevelopment project area.

11 (7) On and after November 1, 1999, no redevelopment

12 plan shall be adopted, nor an existing plan amended, nor

13 shall residential housing that is occupied by households

14 of low-income and very low-income persons in currently

15 existing redevelopment project areas be removed after

16 November 1, 1999 unless the redevelopment plan provides,

17 with respect to inhabited housing units that are to be

18 removed for households of low-income and very low-income

19 persons, affordable housing and relocation assistance not

20 less than that which would be provided under the federal

21 Uniform Relocation Assistance and Real Property

22 Acquisition Policies Act of 1970 and the regulations under

23 that Act, including the eligibility criteria. Affordable

24 housing may be either existing or newly constructed

25 housing. For purposes of this paragraph (7), "low-income

26 households", "very low-income households", and "affordable

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1 housing" have the meanings set forth in the Illinois

2 Affordable Housing Act. The municipality shall make a good

3 faith effort to ensure that this affordable housing is

4 located in or near the redevelopment project area within

5 the municipality.

6 (8) On and after November 1, 1999, if, after the

7 adoption of the redevelopment plan for the redevelopment

8 project area, any municipality desires to amend its

9 redevelopment plan to remove more inhabited residential

10 units than specified in its original redevelopment plan,

11 that change shall be made in accordance with the

12 procedures in subsection (c) of Section 11-74.4-5.

13 (9) For redevelopment project areas designated prior

14 to November 1, 1999, the redevelopment plan may be amended

15 without further joint review board meeting or hearing,

16 provided that the municipality shall give notice of any

17 such changes by mail to each affected taxing district and

18 registrant on the interested party registry, to authorize

19 the municipality to expend tax increment revenues for

20 redevelopment project costs defined by paragraphs (5) and

21 (7.5), subparagraphs (E) and (F) of paragraph (11), and

22 paragraph (11.5) of subsection (q) of Section 11-74.4-3,

23 so long as the changes do not increase the total estimated

24 redevelopment project costs set out in the redevelopment

25 plan by more than 5% after adjustment for inflation from

26 the date the plan was adopted.

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1 (o) "Redevelopment project" means any public and private

2 development project in furtherance of the objectives of a

3 redevelopment plan. On and after November 1, 1999 (the

4 effective date of Public Act 91-478), no redevelopment plan

5 may be approved or amended that includes the development of

6 vacant land (i) with a golf course and related clubhouse and

7 other facilities or (ii) designated by federal, State, county,

8 or municipal government as public land for outdoor

9 recreational activities or for nature preserves and used for

10 that purpose within 5 years prior to the adoption of the

11 redevelopment plan. For the purpose of this subsection,

12 "recreational activities" is limited to mean camping and

13 hunting.

14 (p) "Redevelopment project area" means an area designated

15 by the municipality, which is not less in the aggregate than 1

16 1/2 acres and in respect to which the municipality has made a

17 finding that there exist conditions which cause the area to be

18 classified as an industrial park conservation area or a

19 blighted area or a conservation area, or a combination of both

20 blighted areas and conservation areas.

21 (p-1) Notwithstanding any provision of this Act to the

22 contrary, on and after August 25, 2009 (the effective date of

23 Public Act 96-680), a redevelopment project area may include

24 areas within a one-half mile radius of an existing or proposed

25 Regional Transportation Authority Suburban Transit Access

26 Route (STAR Line) station without a finding that the area is

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1 classified as an industrial park conservation area, a blighted

2 area, a conservation area, or a combination thereof, but only

3 if the municipality receives unanimous consent from the joint

4 review board created to review the proposed redevelopment

5 project area.

6 (p-2) Notwithstanding any provision of this Act to the

7 contrary, on and after the effective date of this amendatory

8 Act of the 99th General Assembly, a redevelopment project area

9 may include areas within a transit facility improvement area

10 that has been established pursuant to Section 11-74.4-3.3

11 without a finding that the area is classified as an industrial

12 park conservation area, a blighted area, a conservation area,

13 or any combination thereof.

14 (q) "Redevelopment project costs", except for

15 redevelopment project areas created pursuant to subsection

16 (p-1) or (p-2), means and includes the sum total of all

17 reasonable or necessary costs incurred or estimated to be

18 incurred, and any such costs incidental to a redevelopment

19 plan and a redevelopment project. Such costs include, without

20 limitation, the following:

21 (1) Costs of studies, surveys, development of plans,

22 and specifications, implementation and administration of

23 the redevelopment plan including but not limited to staff

24 and professional service costs for architectural,

25 engineering, legal, financial, planning or other services,

26 provided however that no charges for professional services

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1 may be based on a percentage of the tax increment

2 collected; except that on and after November 1, 1999 (the

3 effective date of Public Act 91-478), no contracts for

4 professional services, excluding architectural and

5 engineering services, may be entered into if the terms of

6 the contract extend beyond a period of 3 years. In

7 addition, "redevelopment project costs" shall not include

8 lobbying expenses. After consultation with the

9 municipality, each tax increment consultant or advisor to

10 a municipality that plans to designate or has designated a

11 redevelopment project area shall inform the municipality

12 in writing of any contracts that the consultant or advisor

13 has entered into with entities or individuals that have

14 received, or are receiving, payments financed by tax

15 increment revenues produced by the redevelopment project

16 area with respect to which the consultant or advisor has

17 performed, or will be performing, service for the

18 municipality. This requirement shall be satisfied by the

19 consultant or advisor before the commencement of services

20 for the municipality and thereafter whenever any other

21 contracts with those individuals or entities are executed

22 by the consultant or advisor;

23 (1.5) After July 1, 1999, annual administrative costs

24 shall not include general overhead or administrative costs

25 of the municipality that would still have been incurred by

26 the municipality if the municipality had not designated a

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1 redevelopment project area or approved a redevelopment

2 plan;

3 (1.6) The cost of marketing sites within the

4 redevelopment project area to prospective businesses,

5 developers, and investors;

6 (2) Property assembly costs, including but not limited

7 to acquisition of land and other property, real or

8 personal, or rights or interests therein, demolition of

9 buildings, site preparation, site improvements that serve

10 as an engineered barrier addressing ground level or below

11 ground environmental contamination, including, but not

12 limited to parking lots and other concrete or asphalt

13 barriers, and the clearing and grading of land;

14 (3) Costs of rehabilitation, reconstruction or repair

15 or remodeling of existing public or private buildings,

16 fixtures, and leasehold improvements; and the cost of

17 replacing an existing public building if pursuant to the

18 implementation of a redevelopment project the existing

19 public building is to be demolished to use the site for

20 private investment or devoted to a different use requiring

21 private investment; including any direct or indirect costs

22 relating to Green Globes or LEED certified construction

23 elements or construction elements with an equivalent

24 certification;

25 (4) Costs of the construction of public works or

26 improvements, including any direct or indirect costs

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1 relating to Green Globes or LEED certified construction

2 elements or construction elements with an equivalent

3 certification, except that on and after November 1, 1999,

4 redevelopment project costs shall not include the cost of

5 constructing a new municipal public building principally

6 used to provide offices, storage space, or conference

7 facilities or vehicle storage, maintenance, or repair for

8 administrative, public safety, or public works personnel

9 and that is not intended to replace an existing public

10 building as provided under paragraph (3) of subsection (q)

11 of Section 11-74.4-3 unless either (i) the construction of

12 the new municipal building implements a redevelopment

13 project that was included in a redevelopment plan that was

14 adopted by the municipality prior to November 1, 1999,

15 (ii) the municipality makes a reasonable determination in

16 the redevelopment plan, supported by information that

17 provides the basis for that determination, that the new

18 municipal building is required to meet an increase in the

19 need for public safety purposes anticipated to result from

20 the implementation of the redevelopment plan, or (iii) the

21 new municipal public building is for the storage,

22 maintenance, or repair of transit vehicles and is located

23 in a transit facility improvement area that has been

24 established pursuant to Section 11-74.4-3.3;

25 (5) Costs of job training and retraining projects,

26 including the cost of "welfare to work" programs

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1 implemented by businesses located within the redevelopment

2 project area;

3 (6) Financing costs, including but not limited to all

4 necessary and incidental expenses related to the issuance

5 of obligations and which may include payment of interest

6 on any obligations issued hereunder including interest

7 accruing during the estimated period of construction of

8 any redevelopment project for which such obligations are

9 issued and for not exceeding 36 months thereafter and

10 including reasonable reserves related thereto;

11 (7) To the extent the municipality by written

12 agreement accepts and approves the same, all or a portion

13 of a taxing district's capital costs resulting from the

14 redevelopment project necessarily incurred or to be

15 incurred within a taxing district in furtherance of the

16 objectives of the redevelopment plan and project;

17 (7.5) For redevelopment project areas designated (or

18 redevelopment project areas amended to add or increase the

19 number of tax-increment-financing assisted housing units)

20 on or after November 1, 1999, an elementary, secondary, or

21 unit school district's increased costs attributable to

22 assisted housing units located within the redevelopment

23 project area for which the developer or redeveloper

24 receives financial assistance through an agreement with

25 the municipality or because the municipality incurs the

26 cost of necessary infrastructure improvements within the

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1 boundaries of the assisted housing sites necessary for the

2 completion of that housing as authorized by this Act, and

3 which costs shall be paid by the municipality from the

4 Special Tax Allocation Fund when the tax increment revenue

5 is received as a result of the assisted housing units and

6 shall be calculated annually as follows:

7 (A) for foundation districts, excluding any school

8 district in a municipality with a population in excess

9 of 1,000,000, by multiplying the district's increase

10 in attendance resulting from the net increase in new

11 students enrolled in that school district who reside

12 in housing units within the redevelopment project area

13 that have received financial assistance through an

14 agreement with the municipality or because the

15 municipality incurs the cost of necessary

16 infrastructure improvements within the boundaries of

17 the housing sites necessary for the completion of that

18 housing as authorized by this Act since the

19 designation of the redevelopment project area by the

20 most recently available per capita tuition cost as

21 defined in Section 10-20.12a of the School Code less

22 any increase in general State aid as defined in

23 Section 18-8.05 of the School Code or evidence-based

24 funding as defined in Section 18-8.15 of the School

25 Code attributable to these added new students subject

26 to the following annual limitations:

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1 (i) for unit school districts with a district

2 average 1995-96 Per Capita Tuition Charge of less

3 than $5,900, no more than 25% of the total amount

4 of property tax increment revenue produced by

5 those housing units that have received tax

6 increment finance assistance under this Act;

7 (ii) for elementary school districts with a

8 district average 1995-96 Per Capita Tuition Charge

9 of less than $5,900, no more than 17% of the total

10 amount of property tax increment revenue produced

11 by those housing units that have received tax

12 increment finance assistance under this Act; and

13 (iii) for secondary school districts with a

14 district average 1995-96 Per Capita Tuition Charge

15 of less than $5,900, no more than 8% of the total

16 amount of property tax increment revenue produced

17 by those housing units that have received tax

18 increment finance assistance under this Act.

19 (B) For alternate method districts, flat grant

20 districts, and foundation districts with a district

21 average 1995-96 Per Capita Tuition Charge equal to or

22 more than $5,900, excluding any school district with a

23 population in excess of 1,000,000, by multiplying the

24 district's increase in attendance resulting from the

25 net increase in new students enrolled in that school

26 district who reside in housing units within the

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1 redevelopment project area that have received

2 financial assistance through an agreement with the

3 municipality or because the municipality incurs the

4 cost of necessary infrastructure improvements within

5 the boundaries of the housing sites necessary for the

6 completion of that housing as authorized by this Act

7 since the designation of the redevelopment project

8 area by the most recently available per capita tuition

9 cost as defined in Section 10-20.12a of the School

10 Code less any increase in general state aid as defined

11 in Section 18-8.05 of the School Code or

12 evidence-based funding as defined in Section 18-8.15

13 of the School Code attributable to these added new

14 students subject to the following annual limitations:

15 (i) for unit school districts, no more than

16 40% of the total amount of property tax increment

17 revenue produced by those housing units that have

18 received tax increment finance assistance under

19 this Act;

20 (ii) for elementary school districts, no more

21 than 27% of the total amount of property tax

22 increment revenue produced by those housing units

23 that have received tax increment finance

24 assistance under this Act; and

25 (iii) for secondary school districts, no more

26 than 13% of the total amount of property tax

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1 increment revenue produced by those housing units

2 that have received tax increment finance

3 assistance under this Act.

4 (C) For any school district in a municipality with

5 a population in excess of 1,000,000, the following

6 restrictions shall apply to the reimbursement of

7 increased costs under this paragraph (7.5):

8 (i) no increased costs shall be reimbursed

9 unless the school district certifies that each of

10 the schools affected by the assisted housing

11 project is at or over its student capacity;

12 (ii) the amount reimbursable shall be reduced

13 by the value of any land donated to the school

14 district by the municipality or developer, and by

15 the value of any physical improvements made to the

16 schools by the municipality or developer; and

17 (iii) the amount reimbursed may not affect

18 amounts otherwise obligated by the terms of any

19 bonds, notes, or other funding instruments, or the

20 terms of any redevelopment agreement.

21 Any school district seeking payment under this

22 paragraph (7.5) shall, after July 1 and before

23 September 30 of each year, provide the municipality

24 with reasonable evidence to support its claim for

25 reimbursement before the municipality shall be

26 required to approve or make the payment to the school

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1 district. If the school district fails to provide the

2 information during this period in any year, it shall

3 forfeit any claim to reimbursement for that year.

4 School districts may adopt a resolution waiving the

5 right to all or a portion of the reimbursement

6 otherwise required by this paragraph (7.5). By

7 acceptance of this reimbursement the school district

8 waives the right to directly or indirectly set aside,

9 modify, or contest in any manner the establishment of

10 the redevelopment project area or projects;

11 (7.7) For redevelopment project areas designated (or

12 redevelopment project areas amended to add or increase the

13 number of tax-increment-financing assisted housing units)

14 on or after January 1, 2005 (the effective date of Public

15 Act 93-961), a public library district's increased costs

16 attributable to assisted housing units located within the

17 redevelopment project area for which the developer or

18 redeveloper receives financial assistance through an

19 agreement with the municipality or because the

20 municipality incurs the cost of necessary infrastructure

21 improvements within the boundaries of the assisted housing

22 sites necessary for the completion of that housing as

23 authorized by this Act shall be paid to the library

24 district by the municipality from the Special Tax

25 Allocation Fund when the tax increment revenue is received

26 as a result of the assisted housing units. This paragraph

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1 (7.7) applies only if (i) the library district is located

2 in a county that is subject to the Property Tax Extension

3 Limitation Law or (ii) the library district is not located

4 in a county that is subject to the Property Tax Extension

5 Limitation Law but the district is prohibited by any other

6 law from increasing its tax levy rate without a prior

7 voter referendum.

8 The amount paid to a library district under this

9 paragraph (7.7) shall be calculated by multiplying (i) the

10 net increase in the number of persons eligible to obtain a

11 library card in that district who reside in housing units

12 within the redevelopment project area that have received

13 financial assistance through an agreement with the

14 municipality or because the municipality incurs the cost

15 of necessary infrastructure improvements within the

16 boundaries of the housing sites necessary for the

17 completion of that housing as authorized by this Act since

18 the designation of the redevelopment project area by (ii)

19 the per-patron cost of providing library services so long

20 as it does not exceed $120. The per-patron cost shall be

21 the Total Operating Expenditures Per Capita for the

22 library in the previous fiscal year. The municipality may

23 deduct from the amount that it must pay to a library

24 district under this paragraph any amount that it has

25 voluntarily paid to the library district from the tax

26 increment revenue. The amount paid to a library district

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1 under this paragraph (7.7) shall be no more than 2% of the

2 amount produced by the assisted housing units and

3 deposited into the Special Tax Allocation Fund.

4 A library district is not eligible for any payment

5 under this paragraph (7.7) unless the library district has

6 experienced an increase in the number of patrons from the

7 municipality that created the tax-increment-financing

8 district since the designation of the redevelopment

9 project area.

10 Any library district seeking payment under this

11 paragraph (7.7) shall, after July 1 and before September

12 30 of each year, provide the municipality with convincing

13 evidence to support its claim for reimbursement before the

14 municipality shall be required to approve or make the

15 payment to the library district. If the library district

16 fails to provide the information during this period in any

17 year, it shall forfeit any claim to reimbursement for that

18 year. Library districts may adopt a resolution waiving the

19 right to all or a portion of the reimbursement otherwise

20 required by this paragraph (7.7). By acceptance of such

21 reimbursement, the library district shall forfeit any

22 right to directly or indirectly set aside, modify, or

23 contest in any manner whatsoever the establishment of the

24 redevelopment project area or projects;

25 (8) Relocation costs to the extent that a municipality

26 determines that relocation costs shall be paid or is

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1 required to make payment of relocation costs by federal or

2 State law or in order to satisfy subparagraph (7) of

3 subsection (n);

4 (9) Payment in lieu of taxes;

5 (10) Costs of job training, retraining, advanced

6 vocational education or career education, including but

7 not limited to courses in occupational, semi-technical or

8 technical fields leading directly to employment, incurred

9 by one or more taxing districts, provided that such costs

10 (i) are related to the establishment and maintenance of

11 additional job training, advanced vocational education or

12 career education programs for persons employed or to be

13 employed by employers located in a redevelopment project

14 area; and (ii) when incurred by a taxing district or

15 taxing districts other than the municipality, are set

16 forth in a written agreement by or among the municipality

17 and the taxing district or taxing districts, which

18 agreement describes the program to be undertaken,

19 including but not limited to the number of employees to be

20 trained, a description of the training and services to be

21 provided, the number and type of positions available or to

22 be available, itemized costs of the program and sources of

23 funds to pay for the same, and the term of the agreement.

24 Such costs include, specifically, the payment by community

25 college districts of costs pursuant to Sections 3-37,

26 3-38, 3-40 and 3-40.1 of the Public Community College Act

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1 and by school districts of costs pursuant to Sections

2 10-22.20a and 10-23.3a of the School Code;

3 (11) Interest cost incurred by a redeveloper related

4 to the construction, renovation or rehabilitation of a

5 redevelopment project provided that:

6 (A) such costs are to be paid directly from the

7 special tax allocation fund established pursuant to

8 this Act;

9 (B) such payments in any one year may not exceed

10 30% of the annual interest costs incurred by the

11 redeveloper with regard to the redevelopment project

12 during that year;

13 (C) if there are not sufficient funds available in

14 the special tax allocation fund to make the payment

15 pursuant to this paragraph (11) then the amounts so

16 due shall accrue and be payable when sufficient funds

17 are available in the special tax allocation fund;

18 (D) the total of such interest payments paid

19 pursuant to this Act may not exceed 30% of the total

20 (i) cost paid or incurred by the redeveloper for the

21 redevelopment project plus (ii) redevelopment project

22 costs excluding any property assembly costs and any

23 relocation costs incurred by a municipality pursuant

24 to this Act;

25 (E) the cost limits set forth in subparagraphs (B)

26 and (D) of paragraph (11) shall be modified for the

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1 financing of rehabilitated or new housing units for

2 low-income households and very low-income households,

3 as defined in Section 3 of the Illinois Affordable

4 Housing Act. The percentage of 75% shall be

5 substituted for 30% in subparagraphs (B) and (D) of

6 paragraph (11); and

7 (F) instead of the eligible costs provided by

8 subparagraphs (B) and (D) of paragraph (11), as

9 modified by this subparagraph, and notwithstanding any

10 other provisions of this Act to the contrary, the

11 municipality may pay from tax increment revenues up to

12 50% of the cost of construction of new housing units to

13 be occupied by low-income households and very

14 low-income households as defined in Section 3 of the

15 Illinois Affordable Housing Act. The cost of

16 construction of those units may be derived from the

17 proceeds of bonds issued by the municipality under

18 this Act or other constitutional or statutory

19 authority or from other sources of municipal revenue

20 that may be reimbursed from tax increment revenues or

21 the proceeds of bonds issued to finance the

22 construction of that housing.

23 The eligible costs provided under this

24 subparagraph (F) of paragraph (11) shall be an

25 eligible cost for the construction, renovation, and

26 rehabilitation of all low and very low-income housing

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1 units, as defined in Section 3 of the Illinois

2 Affordable Housing Act, within the redevelopment

3 project area. If the low and very low-income units are

4 part of a residential redevelopment project that

5 includes units not affordable to low and very

6 low-income households, only the low and very

7 low-income units shall be eligible for benefits under

8 this subparagraph (F) of paragraph (11). The standards

9 for maintaining the occupancy by low-income households

10 and very low-income households, as defined in Section

11 3 of the Illinois Affordable Housing Act, of those

12 units constructed with eligible costs made available

13 under the provisions of this subparagraph (F) of

14 paragraph (11) shall be established by guidelines

15 adopted by the municipality. The responsibility for

16 annually documenting the initial occupancy of the

17 units by low-income households and very low-income

18 households, as defined in Section 3 of the Illinois

19 Affordable Housing Act, shall be that of the then

20 current owner of the property. For ownership units,

21 the guidelines will provide, at a minimum, for a

22 reasonable recapture of funds, or other appropriate

23 methods designed to preserve the original

24 affordability of the ownership units. For rental

25 units, the guidelines will provide, at a minimum, for

26 the affordability of rent to low and very low-income

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1 households. As units become available, they shall be

2 rented to income-eligible tenants. The municipality

3 may modify these guidelines from time to time; the

4 guidelines, however, shall be in effect for as long as

5 tax increment revenue is being used to pay for costs

6 associated with the units or for the retirement of

7 bonds issued to finance the units or for the life of

8 the redevelopment project area, whichever is later;

9 (11.5) If the redevelopment project area is located

10 within a municipality with a population of more than

11 100,000, the cost of child ~~day~~care services for children

12 of employees from low-income families working for

13 businesses located within the redevelopment project area

14 and all or a portion of the cost of operation ofchild ~~day~~

15 care centers established by redevelopment project area

16 businesses to serve employees from low-income families

17 working in businesses located in the redevelopment project

18 area. For the purposes of this paragraph, "low-income

19 families" means families whose annual income does not

20 exceed 80% of the municipal, county, or regional median

21 income, adjusted for family size, as the annual income and

22 municipal, county, or regional median income are

23 determined from time to time by the United States

24 Department of Housing and Urban Development.

25 (12) Costs relating to the development of urban

26 agricultural areas under Division 15.2 of the Illinois

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1 Municipal Code.

2 Unless explicitly stated herein the cost of construction

3 of new privately-owned buildings shall not be an eligible

4 redevelopment project cost.

5 After November 1, 1999 (the effective date of Public Act

6 91-478), none of the redevelopment project costs enumerated in

7 this subsection shall be eligible redevelopment project costs

8 if those costs would provide direct financial support to a

9 retail entity initiating operations in the redevelopment

10 project area while terminating operations at another Illinois

11 location within 10 miles of the redevelopment project area but

12 outside the boundaries of the redevelopment project area

13 municipality. For purposes of this paragraph, termination

14 means a closing of a retail operation that is directly related

15 to the opening of the same operation or like retail entity

16 owned or operated by more than 50% of the original ownership in

17 a redevelopment project area, but it does not mean closing an

18 operation for reasons beyond the control of the retail entity,

19 as documented by the retail entity, subject to a reasonable

20 finding by the municipality that the current location

21 contained inadequate space, had become economically obsolete,

22 or was no longer a viable location for the retailer or

23 serviceman.

24 No cost shall be a redevelopment project cost in a

25 redevelopment project area if used to demolish, remove, or

26 substantially modify a historic resource, after August 26,

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1 2008 (the effective date of Public Act 95-934), unless no

2 prudent and feasible alternative exists. "Historic resource"

3 for the purpose of this paragraph means (i) a place or

4 structure that is included or eligible for inclusion on the

5 National Register of Historic Places or (ii) a contributing

6 structure in a district on the National Register of Historic

7 Places. This paragraph does not apply to a place or structure

8 for which demolition, removal, or modification is subject to

9 review by the preservation agency of a Certified Local

10 Government designated as such by the National Park Service of

11 the United States Department of the Interior.

12 If a special service area has been established pursuant to

13 the Special Service Area Tax Act or Special Service Area Tax

14 Law, then any tax increment revenues derived from the tax

15 imposed pursuant to the Special Service Area Tax Act or

16 Special Service Area Tax Law may be used within the

17 redevelopment project area for the purposes permitted by that

18 Act or Law as well as the purposes permitted by this Act.

19 (q-1) For redevelopment project areas created pursuant to

20 subsection (p-1), redevelopment project costs are limited to

21 those costs in paragraph (q) that are related to the existing

22 or proposed Regional Transportation Authority Suburban Transit

23 Access Route (STAR Line) station.

24 (q-2) For a transit facility improvement area established

25 prior to, on, or after the effective date of this amendatory

26 Act of the 102nd General Assembly: (i) "redevelopment project

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1 costs" means those costs described in subsection (q) that are

2 related to the construction, reconstruction, rehabilitation,

3 remodeling, or repair of any existing or proposed transit

4 facility, whether that facility is located within or outside

5 the boundaries of a redevelopment project area established

6 within that transit facility improvement area (and, to the

7 extent a redevelopment project cost is described in subsection

8 (q) as incurred or estimated to be incurred with respect to a

9 redevelopment project area, then it shall apply with respect

10 to such transit facility improvement area); and (ii) the

11 provisions of Section 11-74.4-8 regarding tax increment

12 allocation financing for a redevelopment project area located

13 in a transit facility improvement area shall apply only to the

14 lots, blocks, tracts and parcels of real property that are

15 located within the boundaries of that redevelopment project

16 area and not to the lots, blocks, tracts, and parcels of real

17 property that are located outside the boundaries of that

18 redevelopment project area.

19 (r) "State Sales Tax Boundary" means the redevelopment

20 project area or the amended redevelopment project area

21 boundaries which are determined pursuant to subsection (9) of

22 Section 11-74.4-8a of this Act. The Department of Revenue

23 shall certify pursuant to subsection (9) of Section 11-74.4-8a

24 the appropriate boundaries eligible for the determination of

25 State Sales Tax Increment.

26 (s) "State Sales Tax Increment" means an amount equal to

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1 the increase in the aggregate amount of taxes paid by

2 retailers and servicemen, other than retailers and servicemen

3 subject to the Public Utilities Act, on transactions at places

4 of business located within a State Sales Tax Boundary pursuant

5 to the Retailers' Occupation Tax Act, the Use Tax Act, the

6 Service Use Tax Act, and the Service Occupation Tax Act,

7 except such portion of such increase that is paid into the

8 State and Local Sales Tax Reform Fund, the Local Government

9 Distributive Fund, the Local Government Tax Fund and the

10 County and Mass Transit District Fund, for as long as State

11 participation exists, over and above the Initial Sales Tax

12 Amounts, Adjusted Initial Sales Tax Amounts or the Revised

13 Initial Sales Tax Amounts for such taxes as certified by the

14 Department of Revenue and paid under those Acts by retailers

15 and servicemen on transactions at places of business located

16 within the State Sales Tax Boundary during the base year which

17 shall be the calendar year immediately prior to the year in

18 which the municipality adopted tax increment allocation

19 financing, less 3.0% of such amounts generated under the

20 Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax

21 Act and the Service Occupation Tax Act, which sum shall be

22 appropriated to the Department of Revenue to cover its costs

23 of administering and enforcing this Section. For purposes of

24 computing the aggregate amount of such taxes for base years

25 occurring prior to 1985, the Department of Revenue shall

26 compute the Initial Sales Tax Amount for such taxes and deduct

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1 therefrom an amount equal to 4% of the aggregate amount of

2 taxes per year for each year the base year is prior to 1985,

3 but not to exceed a total deduction of 12%. The amount so

4 determined shall be known as the "Adjusted Initial Sales Tax

5 Amount". For purposes of determining the State Sales Tax

6 Increment the Department of Revenue shall for each period

7 subtract from the tax amounts received from retailers and

8 servicemen on transactions located in the State Sales Tax

9 Boundary, the certified Initial Sales Tax Amounts, Adjusted

10 Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts

11 for the Retailers' Occupation Tax Act, the Use Tax Act, the

12 Service Use Tax Act and the Service Occupation Tax Act. For the

13 State Fiscal Year 1989 this calculation shall be made by

14 utilizing the calendar year 1987 to determine the tax amounts

15 received. For the State Fiscal Year 1990, this calculation

16 shall be made by utilizing the period from January 1, 1988,

17 until September 30, 1988, to determine the tax amounts

18 received from retailers and servicemen, which shall have

19 deducted therefrom nine-twelfths of the certified Initial

20 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the

21 Revised Initial Sales Tax Amounts as appropriate. For the

22 State Fiscal Year 1991, this calculation shall be made by

23 utilizing the period from October 1, 1988, until June 30,

24 1989, to determine the tax amounts received from retailers and

25 servicemen, which shall have deducted therefrom nine-twelfths

26 of the certified Initial State Sales Tax Amounts, Adjusted

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1 Initial Sales Tax Amounts or the Revised Initial Sales Tax

2 Amounts as appropriate. For every State Fiscal Year

3 thereafter, the applicable period shall be the 12 months

4 beginning July 1 and ending on June 30, to determine the tax

5 amounts received which shall have deducted therefrom the

6 certified Initial Sales Tax Amounts, Adjusted Initial Sales

7 Tax Amounts or the Revised Initial Sales Tax Amounts.

8 Municipalities intending to receive a distribution of State

9 Sales Tax Increment must report a list of retailers to the

10 Department of Revenue by October 31, 1988 and by July 31, of

11 each year thereafter.

12 (t) "Taxing districts" means counties, townships, cities

13 and incorporated towns and villages, school, road, park,

14 sanitary, mosquito abatement, forest preserve, public health,

15 fire protection, river conservancy, tuberculosis sanitarium

16 and any other municipal corporations or districts with the

17 power to levy taxes.

18 (u) "Taxing districts' capital costs" means those costs of

19 taxing districts for capital improvements that are found by

20 the municipal corporate authorities to be necessary and

21 directly result from the redevelopment project.

22 (v) As used in subsection (a) of Section 11-74.4-3 of this

23 Act, "vacant land" means any parcel or combination of parcels

24 of real property without industrial, commercial, and

25 residential buildings which has not been used for commercial

26 agricultural purposes within 5 years prior to the designation

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1 of the redevelopment project area, unless the parcel is

2 included in an industrial park conservation area or the parcel

3 has been subdivided; provided that if the parcel was part of a

4 larger tract that has been divided into 3 or more smaller

5 tracts that were accepted for recording during the period from

6 1950 to 1990, then the parcel shall be deemed to have been

7 subdivided, and all proceedings and actions of the

8 municipality taken in that connection with respect to any

9 previously approved or designated redevelopment project area

10 or amended redevelopment project area are hereby validated and

11 hereby declared to be legally sufficient for all purposes of

12 this Act. For purposes of this Section and only for land

13 subject to the subdivision requirements of the Plat Act, land

14 is subdivided when the original plat of the proposed

15 Redevelopment Project Area or relevant portion thereof has

16 been properly certified, acknowledged, approved, and recorded

17 or filed in accordance with the Plat Act and a preliminary

18 plat, if any, for any subsequent phases of the proposed

19 Redevelopment Project Area or relevant portion thereof has

20 been properly approved and filed in accordance with the

21 applicable ordinance of the municipality.

22 (w) "Annual Total Increment" means the sum of each

23 municipality's annual Net Sales Tax Increment and each

24 municipality's annual Net Utility Tax Increment. The ratio of

25 the Annual Total Increment of each municipality to the Annual

26 Total Increment for all municipalities, as most recently

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1 calculated by the Department, shall determine the proportional

2 shares of the Illinois Tax Increment Fund to be distributed to

3 each municipality.

4 (x) "LEED certified" means any certification level of

5 construction elements by a qualified Leadership in Energy and

6 Environmental Design Accredited Professional as determined by

7 the U.S. Green Building Council.

8 (y) "Green Globes certified" means any certification level

9 of construction elements by a qualified Green Globes

10 Professional as determined by the Green Building Initiative.

11 (Source: P.A. 102-627, eff. 8-27-21.)

12 (65 ILCS 5/11-80-15) (from Ch. 24, par. 11-80-15)

13 Sec. 11-80-15. Street advertising; adult entertainment

14 advertising.

15 (a) The corporate authorities of each municipality may

16 license street advertising by means of billboards, sign

17 boards, and signs and may regulate the character and control

18 the location of billboards, sign boards, and signs upon vacant

19 property and upon buildings.

20 (b) The corporate authorities of each municipality may

21 further regulate the character and control the location of

22 adult entertainment advertising placed on billboards, sign

23 boards, and signs upon vacant property and upon buildings that

24 are within 1,000 feet of the property boundaries of schools,

25 child ~~day~~care centers, cemeteries, public parks, and places

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1 of religious worship.

2 For the purposes of this subsection, "adult entertainment"

3 means entertainment provided by an adult bookstore, striptease

4 club, or pornographic movie theater whose business is the

5 commercial sale, dissemination, or distribution of sexually

6 explicit materials, shows, or other exhibitions.

7 (Source: P.A. 89-605, eff. 8-2-96.)

8 Section 90. The River Edge Redevelopment Zone Act is

9 amended by changing Section 10-8 as follows:

10 (65 ILCS 115/10-8)

11 Sec. 10-8. Zone Administration. The administration of a

12 River Edge Redevelopment Zone shall be under the jurisdiction

13 of the designating municipality. Each designating municipality

14 shall, by ordinance, designate a Zone Administrator for the

15 certified zones within its jurisdiction. A Zone Administrator

16 must be an officer or employee of the municipality. The Zone

17 Administrator shall be the liaison between the designating

18 municipality, the Department, and any designated zone

19 organizations within zones under his or her jurisdiction.

20 A designating municipality may designate one or more

21 organizations to be a designated zone organization, as defined

22 under Section 10-3. The municipality, may, by ordinance,

23 delegate functions within a River Edge Redevelopment Zone to

24 one or more designated zone organizations in such zones.

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1 Subject to the necessary governmental authorizations,

2 designated zone organizations may, in coordination with the

3 municipality, provide or contract for provision of public

4 services including, but not limited to:

5 (1) crime-watch patrols within zone neighborhoods;

6 (2) volunteer child care ~~day-care~~ centers;

7 (3) recreational activities for zone-area youth;

8 (4) garbage collection;

9 (5) street maintenance and improvements;

10 (6) bridge maintenance and improvements;

11 (7) maintenance and improvement of water and sewer

12 lines;

13 (8) energy conservation projects;

14 (9) health and clinic services;

15 (10) drug abuse programs;

16 (11) senior citizen assistance programs;

17 (12) park maintenance;

18 (13) rehabilitation, renovation, and operation and

19 maintenance of low and moderate income housing; and

20 (14) other types of public services as provided by law

21 or regulation.

22 (Source: P.A. 94-1021, eff. 7-12-06.)

23 Section 95. The School Code is amended by changing

24 Sections 2-3.66, 10-22.18b, 10-22.18c, and 34-18.4 as follows:

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1 (105 ILCS 5/2-3.66) (from Ch. 122, par. 2-3.66)

2 Sec. 2-3.66. Truants' alternative and optional education

3 programs. To establish projects to offer modified

4 instructional programs or other services designed to prevent

5 students from dropping out of school, including programs

6 pursuant to Section 2-3.41, and to serve as a part time or full

7 time option in lieu of regular school attendance and to award

8 grants to local school districts, educational service regions

9 or community college districts from appropriated funds to

10 assist districts in establishing such projects. The education

11 agency may operate its own program or enter into a contract

12 with another not-for-profit entity to implement the program.

13 The projects shall allow dropouts, up to and including age 21,

14 potential dropouts, including truants, uninvolved, unmotivated

15 and disaffected students, as defined by State Board of

16 Education rules and regulations, to enroll, as an alternative

17 to regular school attendance, in an optional education program

18 which may be established by school board policy and is in

19 conformance with rules adopted by the State Board of

20 Education. Truants' Alternative and Optional Education

21 programs funded pursuant to this Section shall be planned by a

22 student, the student's parents or legal guardians, unless the

23 student is 18 years or older, and school officials and shall

24 culminate in an individualized optional education plan. Such

25 plan shall focus on academic or vocational skills, or both,

26 and may include, but not be limited to, evening school, summer

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1 school, community college courses, adult education,

2 preparation courses for high school equivalency testing,

3 vocational training, work experience, programs to enhance self

4 concept and parenting courses. School districts which are

5 awarded grants pursuant to this Section shall be authorized to

6 provide child ~~day~~care services to children of students who

7 are eligible and desire to enroll in programs established and

8 funded under this Section, but only if and to the extent that

9 such child ~~day~~care is necessary to enable those eligible

10 students to attend and participate in the programs and courses

11 which are conducted pursuant to this Section. School districts

12 and regional offices of education may claim general State aid

13 under Section 18-8.05 or evidence-based funding under Section

14 18-8.15 for students enrolled in truants' alternative and

15 optional education programs, provided that such students are

16 receiving services that are supplemental to a program leading

17 to a high school diploma and are otherwise eligible to be

18 claimed for general State aid under Section 18-8.05 or

19 evidence-based funding under Section 18-8.15, as applicable.

20 (Source: P.A. 100-465, eff. 8-31-17.)

21 (105 ILCS 5/10-22.18b) (from Ch. 122, par. 10-22.18b)

22 Sec. 10-22.18b. Before and after school programs. To

23 develop and maintain before school and after school programs

24 for students in kindergarten through the 6th grade. Such

25 programs may include time for homework, physical exercise,

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1 afternoon nutritional snacks and educational offerings which

2 are in addition to those offered during the regular school

3 day. The chief administrator in each district shall be a

4 certified teacher or a person who meets the requirements for

5 supervising a child ~~day~~care center under the Child Care Act of

6 1969. Individual programs shall be coordinated by certified

7 teachers or by persons who meet the requirements for

8 supervising a child ~~day~~care center under the Child Care Act of

9 1969. Additional employees who are not so qualified may also

10 be employed for such programs.

11 The schedule of these programs may follow the work

12 calendar of the local community rather than the regular school

13 calendar. Parents or guardians of the participating students

14 shall be responsible for providing transportation for the

15 students to and from the programs. The school board may charge

16 parents of participating students a fee, not to exceed the

17 actual cost of such before and after school programs.

18 (Source: P.A. 83-639.)

19 (105 ILCS 5/10-22.18c) (from Ch. 122, par. 10-22.18c)

20 Sec. 10-22.18c. Model child ~~day~~ care services program.

21 Local school districts may establish, in cooperation with the

22 State Board of Education, a model program for the provision of

23 child ~~day~~care services in a school. The program shall be

24 administered by the local school district and shall be funded

25 from monies available from private and public sources. Student

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1 parents shall not be charged a fee for thechild ~~day~~ care

2 services; school personnel also may utilize the services, but

3 shall be charged a fee. The program shall be supervised by a

4 trained child care professional who is qualified to teach

5 students parenting skills. As part of the program, the school

6 shall offer a course in child behavior in which students shall

7 receive course credits for helping to care for the children in

8 the program while learning parenting skills. The State Board

9 of Education shall evaluate the programs' effectiveness in

10 reducing school absenteeism and dropouts among teenage parents

11 and shall report to the General Assembly concerning its

12 findings after the program has been in operation for 2 years.

13 (Source: P.A. 85-769.)

14 (105 ILCS 5/34-18.4) (from Ch. 122, par. 34-18.4)

15 Sec. 34-18.4. Before and after school programs. The Board

16 of Education may develop and maintain before school and after

17 school programs for students in kindergarten through the 6th

18 grade. Such programs may include time for homework, physical

19 exercise, afternoon nutritional snacks and educational

20 offerings which are in addition to those offered during the

21 regular school day. The chief administrator in each district

22 shall be a certified teacher or a person who meets the

23 requirements for supervising a child ~~day~~ care center under the

24 Child Care Act of 1969. Individual programs shall be

25 coordinated by certified teachers or by persons who meet the

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1 requirements for supervising a child ~~day~~care center under the

2 Child Care Act of 1969. Additional employees who are not so

3 qualified may also be employed for such programs.

4 The schedule of these programs may follow the work

5 calendar of the local community rather than the regular school

6 calendar. Parents or guardians of the participating students

7 shall be responsible for providing transportation for the

8 students to and from the programs. The school board may charge

9 parents of participating students a fee, not to exceed the

10 actual cost of such before and after school programs.

11 (Source: P.A. 83-639.)

12 Section 100. The Illinois School Student Records Act is

13 amended by changing Section 2 as follows:

14 (105 ILCS 10/2) (from Ch. 122, par. 50-2)

15 (Text of Section before amendment by P.A. 102-466)

16 Sec. 2. As used in this Act:

17 (a) "Student" means any person enrolled or previously

18 enrolled in a school.

19 (b) "School" means any public preschool, child ~~day~~ care

20 center, kindergarten, nursery, elementary or secondary

21 educational institution, vocational school, special

22 educational facility or any other elementary or secondary

23 educational agency or institution and any person, agency or

24 institution which maintains school student records from more

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1 than one school, but does not include a private or non-public

2 school.

3 (c) "State Board" means the State Board of Education.

4 (d) "School Student Record" means any writing or other

5 recorded information concerning a student and by which a

6 student may be individually identified, maintained by a school

7 or at its direction or by an employee of a school, regardless

8 of how or where the information is stored. The following shall

9 not be deemed school student records under this Act: writings

10 or other recorded information maintained by an employee of a

11 school or other person at the direction of a school for his or

12 her exclusive use; provided that all such writings and other

13 recorded information are destroyed not later than the

14 student's graduation or permanent withdrawal from the school;

15 and provided further that no such records or recorded

16 information may be released or disclosed to any person except

17 a person designated by the school as a substitute unless they

18 are first incorporated in a school student record and made

19 subject to all of the provisions of this Act. School student

20 records shall not include information maintained by law

21 enforcement professionals working in the school.

22 (e) "Student Permanent Record" means the minimum personal

23 information necessary to a school in the education of the

24 student and contained in a school student record. Such

25 information may include the student's name, birth date,

26 address, grades and grade level, parents' names and addresses,

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1 attendance records, and such other entries as the State Board

2 may require or authorize.

3 (f) "Student Temporary Record" means all information

4 contained in a school student record but not contained in the

5 student permanent record. Such information may include family

6 background information, intelligence test scores, aptitude

7 test scores, psychological and personality test results,

8 teacher evaluations, and other information of clear relevance

9 to the education of the student, all subject to regulations of

10 the State Board. The information shall include information

11 provided under Section 8.6 of the Abused and Neglected Child

12 Reporting Act and information contained in service logs

13 maintained by a local education agency under subsection (d) of

14 Section 14-8.02f of the School Code. In addition, the student

15 temporary record shall include information regarding serious

16 disciplinary infractions that resulted in expulsion,

17 suspension, or the imposition of punishment or sanction. For

18 purposes of this provision, serious disciplinary infractions

19 means: infractions involving drugs, weapons, or bodily harm to

20 another.

21 (g) "Parent" means a person who is the natural parent of

22 the student or other person who has the primary responsibility

23 for the care and upbringing of the student. All rights and

24 privileges accorded to a parent under this Act shall become

25 exclusively those of the student upon his 18th birthday,

26 graduation from secondary school, marriage or entry into

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1 military service, whichever occurs first. Such rights and

2 privileges may also be exercised by the student at any time

3 with respect to the student's permanent school record.

4 (h) "Department" means the Department of Children and

5 Family Services.

6 (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;

7 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

8 (Text of Section after amendment by P.A. 102-466)

9 Sec. 2. As used in this Act:

10 (a) "Student" means any person enrolled or previously

11 enrolled in a school.

12 (b) "School" means any public preschool, child ~~day~~ care

13 center, kindergarten, nursery, elementary or secondary

14 educational institution, vocational school, special

15 educational facility or any other elementary or secondary

16 educational agency or institution and any person, agency or

17 institution which maintains school student records from more

18 than one school, but does not include a private or non-public

19 school.

20 (c) "State Board" means the State Board of Education.

21 (d) "School Student Record" means any writing or other

22 recorded information concerning a student and by which a

23 student may be individually identified, maintained by a school

24 or at its direction or by an employee of a school, regardless

25 of how or where the information is stored. The following shall

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1 not be deemed school student records under this Act: writings

2 or other recorded information maintained by an employee of a

3 school or other person at the direction of a school for his or

4 her exclusive use; provided that all such writings and other

5 recorded information are destroyed not later than the

6 student's graduation or permanent withdrawal from the school;

7 and provided further that no such records or recorded

8 information may be released or disclosed to any person except

9 a person designated by the school as a substitute unless they

10 are first incorporated in a school student record and made

11 subject to all of the provisions of this Act. School student

12 records shall not include information maintained by law

13 enforcement professionals working in the school.

14 (e) "Student Permanent Record" means the minimum personal

15 information necessary to a school in the education of the

16 student and contained in a school student record. Such

17 information may include the student's name, birth date,

18 address, grades and grade level, parents' names and addresses,

19 attendance records, and such other entries as the State Board

20 may require or authorize.

21 (f) "Student Temporary Record" means all information

22 contained in a school student record but not contained in the

23 student permanent record. Such information may include family

24 background information, intelligence test scores, aptitude

25 test scores, psychological and personality test results,

26 teacher evaluations, and other information of clear relevance

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1 to the education of the student, all subject to regulations of

2 the State Board. The information shall include all of the

3 following:

4 (1) Information provided under Section 8.6 of the

5 Abused and Neglected Child Reporting Act and information

6 contained in service logs maintained by a local education

7 agency under subsection (d) of Section 14-8.02f of the

8 School Code.

9 (2) Information regarding serious disciplinary

10 infractions that resulted in expulsion, suspension, or the

11 imposition of punishment or sanction. For purposes of this

12 provision, serious disciplinary infractions means:

13 infractions involving drugs, weapons, or bodily harm to

14 another.

15 (3) Information concerning a student's status and

16 related experiences as a parent, expectant parent, or

17 victim of domestic or sexual violence, as defined in

18 Article 26A of the School Code, including a statement of

19 the student or any other documentation, record, or

20 corroborating evidence and the fact that the student has

21 requested or obtained assistance, support, or services

22 related to that status. Enforcement of this paragraph (3)

23 shall follow the procedures provided in Section 26A-40 of

24 the School Code.

25 (g) "Parent" means a person who is the natural parent of

26 the student or other person who has the primary responsibility

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1 for the care and upbringing of the student. All rights and

2 privileges accorded to a parent under this Act shall become

3 exclusively those of the student upon his 18th birthday,

4 graduation from secondary school, marriage or entry into

5 military service, whichever occurs first. Such rights and

6 privileges may also be exercised by the student at any time

7 with respect to the student's permanent school record.

8 (h) "Department" means the Department of Children and

9 Family Services.

10 (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;

11 102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff.

12 5-13-22.)

13 Section 105. The University of Illinois Act is amended by

14 changing Section 1d as follows:

15 (110 ILCS 305/1d) (from Ch. 144, par. 22d)

16 Sec. 1d. Child care services.

17 (a) For the purposes of this Section, "child care

18 services" means child ~~day~~care home or center services as

19 defined by the Child Care Act of 1969.

20 (b) The Board may contract for the provision of child care

21 services for its employees. The Board may, in accordance with

22 established rules, allow child ~~day~~care centers to operate in

23 State-owned or leased facilities. Such child ~~day~~care centers

24 shall be primarily for use by State employees of the

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1 university but use by non-employees may be allowed.

2 Where the Board enters into a contract to construct,

3 acquire or lease all or a substantial portion of a building, in

4 which more than 50 persons shall be employed, other than a

5 renewal of an existing lease, after July 1, 1992, and where a

6 need has been demonstrated, according to subsection (c),

7 on-site child care services shall be provided for employees of

8 the university.

9 The Board shall implement this Section and shall

10 promulgate all rules and regulations necessary for this

11 purpose. By April 1, 1993, the Board shall propose rules

12 setting forth the standards and criteria, including need and

13 feasibility, for determining if on-site child care services

14 shall be provided. The Board shall consult with the Department

15 of Children and Family Services in defining standards for

16 child care service centers established pursuant to this

17 Section to ensure compliance with the Child Care Act of 1969.

18 The Board shall establish a schedule of fees that shall be

19 charged for child care services under this Section. The

20 schedule shall be established so that charges for service are

21 based on the actual cost of care. Except as otherwise provided

22 by law for employees who may qualify for public assistance or

23 social services due to indigency or family circumstance, each

24 employee obtaining child care services under this Section

25 shall be responsible for full payment of all charges. The

26 Board shall report, on or before December 31, 1993, to the

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1 Governor and the members of the General Assembly, on the

2 feasibility and implementation of a plan for the provision of

3 comprehensive child care services.

4 (c) Prior to contracting for child care services, the

5 Board shall determine a need for child care services. Proof of

6 need may include a survey of university employees as well as a

7 determination of the availability of child care services

8 through other State agencies, or in the community. The Board

9 may also require submission of a feasibility, design and

10 implementation plan, that takes into consideration similar

11 needs and services of other State universities.

12 The Board shall have the sole responsibility for choosing

13 the successful bidder and overseeing the operation of its

14 child care service program within the guidelines established

15 by the Board. The Board shall promulgate rules under the

16 Illinois Administrative Procedure Act that detail the specific

17 standards to be used in the selection of a vendor of child care

18 services.

19 The contract shall provide for the establishment of or

20 arrangement for the use of a licensedchild ~~day~~ care center or

21 a licensed child ~~day~~care agency, as defined in the Child Care

22 Act of 1969.

23 (Source: P.A. 87-1019; 88-45.)

24 Section 110. The Southern Illinois University Management

25 Act is amended by changing Section 8b.1 as follows:

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1 (110 ILCS 520/8b.1) (from Ch. 144, par. 658b.1)

2 Sec. 8b.1. Child care services.

3 (a) For the purposes of this Section, "child care

4 services" means child ~~day~~care home or center services as

5 defined by the Child Care Act of 1969.

6 (b) The Board may contract for the provision of child care

7 services for its employees. The Board may, in accordance with

8 established rules, allow child ~~day~~care centers to operate in

9 State-owned or leased facilities. Such child ~~day~~care centers

10 shall be primarily for use by State employees of the

11 university but use by non-employees may be allowed.

12 Where the Board enters into a contract to construct,

13 acquire or lease all or a substantial portion of a building, in

14 which more than 50 persons shall be employed, other than a

15 renewal of an existing lease, after July 1, 1992, and where a

16 need has been demonstrated, according to subsection (c),

17 on-site child care services shall be provided for employees of

18 the university.

19 The Board shall implement this Section and shall

20 promulgate all rules and regulations necessary for this

21 purpose. By April 1, 1993, the Board shall propose rules

22 setting forth the standards and criteria, including need and

23 feasibility, for determining if on-site child care services

24 shall be provided. The Board shall consult with the Department

25 of Children and Family Services in defining standards for

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1 child care service centers established pursuant to this

2 Section to ensure compliance with the Child Care Act of 1969.

3 The Board shall establish a schedule of fees that shall be

4 charged for child care services under this Section. The

5 schedule shall be established so that charges for service are

6 based on the actual cost of care. Except as otherwise provided

7 by law for employees who may qualify for public assistance or

8 social services due to indigency or family circumstance, each

9 employee obtaining child care services under this Section

10 shall be responsible for full payment of all charges. The

11 Board shall report, on or before December 31, 1993, to the

12 Governor and the members of the General Assembly, on the

13 feasibility and implementation of a plan for the provision of

14 comprehensive child care services.

15 (c) Prior to contracting for child care services, the

16 Board shall determine a need for child care services. Proof of

17 need may include a survey of university employees as well as a

18 determination of the availability of child care services

19 through other State agencies, or in the community. The Board

20 may also require submission of a feasibility, design and

21 implementation plan, that takes into consideration similar

22 needs and services of other State universities.

23 The Board shall have the sole responsibility for choosing

24 the successful bidder and overseeing the operation of its

25 child care service program within the guidelines established

26 by the Board. The Board shall promulgate rules under the

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1 Illinois Administrative Procedure Act that detail the specific

2 standards to be used in the selection of a vendor of child care

3 services.

4 The contract shall provide for the establishment of or

5 arrangement for the use of a licensedchild ~~day~~ care center or

6 a licensed child ~~day~~care agency, as defined in the Child Care

7 Act of 1969.

8 (Source: P.A. 87-1019; 88-45.)

9 Section 115. The Chicago State University Law is amended

10 by changing Section 5-95 as follows:

11 (110 ILCS 660/5-95)

12 Sec. 5-95. Child care services.

13 (a) For the purposes of this Section, "child care

14 services" means child ~~day~~care home or center services as

15 defined by the Child Care Act of 1969.

16 (b) The Board may contract for the provision of child care

17 services for its employees. The Board may, in accordance with

18 established rules, allow child ~~day~~care centers to operate in

19 State-owned or leased facilities. Such child ~~day~~care centers

20 shall be primarily for use by State employees of Chicago State

21 University but use by non-employees may be allowed.

22 Where the Board enters into a contract to construct,

23 acquire or lease all or a substantial portion of a building, in

24 which more than 50 persons shall be employed, other than a

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1 renewal of an existing lease, and where a need has been

2 demonstrated, according to subsection (c), on-site child care

3 services shall be provided for employees of Chicago State

4 University.

5 The Board shall implement this Section and shall

6 promulgate all rules and regulations necessary for this

7 purpose. By September 1, 1996, the Board shall propose rules

8 setting forth the standards and criteria, including need and

9 feasibility, for determining if September child care services

10 shall be provided. The Board shall consult with the Department

11 of Children and Family Services in defining standards for

12 child care service centers established pursuant to this

13 Section to ensure compliance with the Child Care Act of 1969.

14 The Board shall establish a schedule of fees that shall be

15 charged for child care services under this Section. The

16 schedule shall be established so that charges for service are

17 based on the actual cost of care. Except as otherwise provided

18 by law for employees who may qualify for public assistance or

19 social services due to indigency or family circumstance, each

20 employee obtaining child care services under this Section

21 shall be responsible for full payment of all charges. The

22 Board shall report, on or before December 31, 1996, to the

23 Governor and the members of the General Assembly, on the

24 feasibility and implementation of a plan for the provision of

25 comprehensive child care services.

26 (c) Prior to contracting for child care services, the

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1 Board shall determine a need for child care services. Proof of

2 need may include a survey of University employees as well as a

3 determination of the availability of child care services

4 through other State agencies, or in the community. The Board

5 may also require submission of a feasibility, design and

6 implementation plan that takes into consideration similar

7 needs and services of other State universities.

8 The Board shall have the sole responsibility for choosing

9 the successful bidder and overseeing the operation of its

10 child care service program within the guidelines established

11 by the Board. The Board shall promulgate rules under the

12 Illinois Administrative Procedure Act that detail the specific

13 standards to be used in the selection of a vendor of child care

14 services.

15 The contract shall provide for the establishment of or

16 arrangement for the use of a licensedchild ~~day~~ care center or

17 a licensed child ~~day~~care agency, as defined in the Child Care

18 Act of 1969.

19 (Source: P.A. 89-4, eff. 1-1-96.)

20 Section 120. The Eastern Illinois University Law is

21 amended by changing Section 10-95 as follows:

22 (110 ILCS 665/10-95)

23 Sec. 10-95. Child care services.

24 (a) For the purposes of this Section, "child care

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1 services" means child ~~day~~care home or center services as

2 defined by the Child Care Act of 1969.

3 (b) The Board may contract for the provision of child care

4 services for its employees. The Board may, in accordance with

5 established rules, allow child ~~day~~care centers to operate in

6 State-owned or leased facilities. Such child ~~day~~care centers

7 shall be primarily for use by State employees of Eastern

8 Illinois University but use by non-employees may be allowed.

9 Where the Board enters into a contract to construct,

10 acquire or lease all or a substantial portion of a building, in

11 which more than 50 persons shall be employed, other than a

12 renewal of an existing lease, and where a need has been

13 demonstrated, according to subsection (c), on-site child care

14 services shall be provided for employees of Eastern Illinois

15 University.

16 The Board shall implement this Section and shall

17 promulgate all rules and regulations necessary for this

18 purpose. By September 1, 1996 the Board shall propose rules

19 setting forth the standards and criteria, including need and

20 feasibility, for determining if September child care services

21 shall be provided. The Board shall consult with the Department

22 of Children and Family Services in defining standards for

23 child care service centers established pursuant to this

24 Section to ensure compliance with the Child Care Act of 1969.

25 The Board shall establish a schedule of fees that shall be

26 charged for child care services under this Section. The

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1 schedule shall be established so that charges for service are

2 based on the actual cost of care. Except as otherwise provided

3 by law for employees who may qualify for public assistance or

4 social services due to indigency or family circumstance, each

5 employee obtaining child care services under this Section

6 shall be responsible for full payment of all charges. The

7 Board shall report, on or before December 31, 1996, to the

8 Governor and the members of the General Assembly, on the

9 feasibility and implementation of a plan for the provision of

10 comprehensive child care services.

11 (c) Prior to contracting for child care services, the

12 Board shall determine a need for child care services. Proof of

13 need may include a survey of University employees as well as a

14 determination of the availability of child care services

15 through other State agencies, or in the community. The Board

16 may also require submission of a feasibility, design and

17 implementation plan that takes into consideration similar

18 needs and services of other State universities.

19 The Board shall have the sole responsibility for choosing

20 the successful bidder and overseeing the operation of its

21 child care service program within the guidelines established

22 by the Board. The Board shall promulgate rules under the

23 Illinois Administrative Procedure Act that detail the specific

24 standards to be used in the selection of a vendor of child care

25 services.

26 The contract shall provide for the establishment of or

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1 arrangement for the use of a licensedchild ~~day~~ care center or

2 a licensed child ~~day~~care agency, as defined in the Child Care

3 Act of 1969.

4 (Source: P.A. 89-4, eff. 1-1-96.)

5 Section 125. The Governors State University Law is amended

6 by changing Section 15-95 as follows:

7 (110 ILCS 670/15-95)

8 Sec. 15-95. Child care services.

9 (a) For the purposes of this Section, "child care

10 services" means child ~~day~~care home or center services as

11 defined by the Child Care Act of 1969.

12 (b) The Board may contract for the provision of child care

13 services for its employees. The Board may, in accordance with

14 established rules, allow child ~~day~~care centers to operate in

15 State-owned or leased facilities. Such child ~~day~~care centers

16 shall be primarily for use by State employees of Governors

17 State University but use by non-employees may be allowed.

18 Where the Board enters into a contract to construct,

19 acquire or lease all or a substantial portion of a building, in

20 which more than 50 persons shall be employed, other than a

21 renewal of an existing lease, and where a need has been

22 demonstrated, according to subsection (c), on-site child care

23 services shall be provided for employees of Governors State

24 University.

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1 The Board shall implement this Section and shall

2 promulgate all rules and regulations necessary for this

3 purpose. By September 1, 1996, the Board shall propose rules

4 setting forth the standards and criteria, including need and

5 feasibility, for determining if September child care services

6 shall be provided. The Board shall consult with the Department

7 of Children and Family Services in defining standards for

8 child care service centers established pursuant to this

9 Section to ensure compliance with the Child Care Act of 1969.

10 The Board shall establish a schedule of fees that shall be

11 charged for child care services under this Section. The

12 schedule shall be established so that charges for service are

13 based on the actual cost of care. Except as otherwise provided

14 by law for employees who may qualify for public assistance or

15 social services due to indigency or family circumstance, each

16 employee obtaining child care services under this Section

17 shall be responsible for full payment of all charges. The

18 Board shall report, on or before December 31, 1996, to the

19 Governor and the members of the General Assembly, on the

20 feasibility and implementation of a plan for the provision of

21 comprehensive child care services.

22 (c) Prior to contracting for child care services, the

23 Board shall determine a need for child care services. Proof of

24 need may include a survey of University employees as well as a

25 determination of the availability of child care services

26 through other State agencies, or in the community. The Board

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1 may also require submission of a feasibility, design and

2 implementation plan that takes into consideration similar

3 needs and services of other State universities.

4 The Board shall have the sole responsibility for choosing

5 the successful bidder and overseeing the operation of its

6 child care service program within the guidelines established

7 by the Board. The Board shall promulgate rules under the

8 Illinois Administrative Procedure Act that detail the specific

9 standards to be used in the selection of a vendor of child care

10 services.

11 The contract shall provide for the establishment of or

12 arrangement for the use of a licensedchild ~~day~~ care center or

13 a licensed child ~~day~~care agency, as defined in the Child Care

14 Act of 1969.

15 (Source: P.A. 89-4, eff. 1-1-96.)

16 Section 130. The Illinois State University Law is amended

17 by changing Section 20-95 as follows:

18 (110 ILCS 675/20-95)

19 Sec. 20-95. Child care services.

20 (a) For the purposes of this Section, "child care

21 services" means child ~~day~~care home or center services as

22 defined by the Child Care Act of 1969.

23 (b) The Board may contract for the provision of child care

24 services for its employees. The Board may, in accordance with

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1 established rules, allow child ~~day~~care centers to operate in

2 State-owned or leased facilities. Such child ~~day~~care centers

3 shall be primarily for use by State employees of Illinois

4 State University but use by non-employees may be allowed.

5 Where the Board enters into a contract to construct,

6 acquire or lease all or a substantial portion of a building, in

7 which more than 50 persons shall be employed, other than a

8 renewal of an existing lease, and where a need has been

9 demonstrated, according to subsection (c), on-site child care

10 services shall be provided for employees of Illinois State

11 University.

12 The Board shall implement this Section and shall

13 promulgate all rules and regulations necessary for this

14 purpose. By September 1, 1996, the Board shall propose rules

15 setting forth the standards and criteria, including need and

16 feasibility, for determining if September child care services

17 shall be provided. The Board shall consult with the Department

18 of Children and Family Services in defining standards for

19 child care service centers established pursuant to this

20 Section to ensure compliance with the Child Care Act of 1969.

21 The Board shall establish a schedule of fees that shall be

22 charged for child care services under this Section. The

23 schedule shall be established so that charges for service are

24 based on the actual cost of care. Except as otherwise provided

25 by law for employees who may qualify for public assistance or

26 social services due to indigency or family circumstance, each

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1 employee obtaining child care services under this Section

2 shall be responsible for full payment of all charges. The

3 Board shall report, on or before December 31, 1996, to the

4 Governor and the members of the General Assembly, on the

5 feasibility and implementation of a plan for the provision of

6 comprehensive child care services.

7 (c) Prior to contracting for child care services, the

8 Board shall determine a need for child care services. Proof of

9 need may include a survey of University employees as well as a

10 determination of the availability of child care services

11 through other State agencies, or in the community. The Board

12 may also require submission of a feasibility, design and

13 implementation plan that takes into consideration similar

14 needs and services of other State universities.

15 The Board shall have the sole responsibility for choosing

16 the successful bidder and overseeing the operation of its

17 child care service program within the guidelines established

18 by the Board. The Board shall promulgate rules under the

19 Illinois Administrative Procedure Act that detail the specific

20 standards to be used in the selection of a vendor of child care

21 services.

22 The contract shall provide for the establishment of or

23 arrangement for the use of a licensedchild ~~day~~ care center or

24 a licensed child ~~day~~care agency, as defined in the Child Care

25 Act of 1969.

26 (Source: P.A. 89-4, eff. 1-1-96.)

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1 Section 135. The Northeastern Illinois University Law is

2 amended by changing Section 25-95 as follows:

3 (110 ILCS 680/25-95)

4 Sec. 25-95. Child care services.

5 (a) For the purposes of this Section, "child care

6 services" means child ~~day~~care home or center services as

7 defined by the Child Care Act of 1969.

8 (b) The Board may contract for the provision of child care

9 services for its employees. The Board may, in accordance with

10 established rules, allow child ~~day~~care centers to operate in

11 State-owned or leased facilities. Such child ~~day~~care centers

12 shall be primarily for use by State employees of Northeastern

13 Illinois University but use by non-employees may be allowed.

14 Where the Board enters into a contract to construct,

15 acquire or lease all or a substantial portion of a building, in

16 which more than 50 persons shall be employed, other than a

17 renewal of an existing lease, and where a need has been

18 demonstrated, according to subsection (c), on-site child care

19 services shall be provided for employees of Northeastern

20 Illinois University.

21 The Board shall implement this Section and shall

22 promulgate all rules and regulations necessary for this

23 purpose. By September 1, 1996, the Board shall propose rules

24 setting forth the standards and criteria, including need and

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1 feasibility, for determining if September child care services

2 shall be provided. The Board shall consult with the Department

3 of Children and Family Services in defining standards for

4 child care service centers established pursuant to this

5 Section to ensure compliance with the Child Care Act of 1969.

6 The Board shall establish a schedule of fees that shall be

7 charged for child care services under this Section. The

8 schedule shall be established so that charges for service are

9 based on the actual cost of care. Except as otherwise provided

10 by law for employees who may qualify for public assistance or

11 social services due to indigency or family circumstance, each

12 employee obtaining child care services under this Section

13 shall be responsible for full payment of all charges. The

14 Board shall report, on or before December 31, 1996, to the

15 Governor and the members of the General Assembly, on the

16 feasibility and implementation of a plan for the provision of

17 comprehensive child care services.

18 (c) Prior to contracting for child care services, the

19 Board shall determine a need for child care services. Proof of

20 need may include a survey of University employees as well as a

21 determination of the availability of child care services

22 through other State agencies, or in the community. The Board

23 may also require submission of a feasibility, design and

24 implementation plan that takes into consideration similar

25 needs and services of other State universities.

26 The Board shall have the sole responsibility for choosing

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1 the successful bidder and overseeing the operation of its

2 child care service program within the guidelines established

3 by the Board. The Board shall promulgate rules under the

4 Illinois Administrative Procedure Act that detail the specific

5 standards to be used in the selection of a vendor of child care

6 services.

7 The contract shall provide for the establishment of or

8 arrangement for the use of a licensedchild ~~day~~ care center or

9 a licensed child ~~day~~care agency, as defined in the Child Care

10 Act of 1969.

11 (Source: P.A. 89-4, eff. 1-1-96.)

12 Section 140. The Northern Illinois University Law is

13 amended by changing Section 30-95 as follows:

14 (110 ILCS 685/30-95)

15 Sec. 30-95. Child care services.

16 (a) For the purposes of this Section, "child care

17 services" means child ~~day~~care home or center services as

18 defined by the Child Care Act of 1969.

19 (b) The Board may contract for the provision of child care

20 services for its employees. The Board may, in accordance with

21 established rules, allow child ~~day~~care centers to operate in

22 State-owned or leased facilities. Such child ~~day~~care centers

23 shall be primarily for use by State employees of Northern

24 Illinois University but use by non-employees may be allowed.

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1 Where the Board enters into a contract to construct,

2 acquire or lease all or a substantial portion of a building, in

3 which more than 50 persons shall be employed, other than a

4 renewal of an existing lease, and where a need has been

5 demonstrated, according to subsection (c), on-site child care

6 services shall be provided for employees of Northern Illinois

7 University.

8 The Board shall implement this Section and shall

9 promulgate all rules and regulations necessary for this

10 purpose. By September 1, 1996, the Board shall propose rules

11 setting forth the standards and criteria, including need and

12 feasibility, for determining if September child care services

13 shall be provided. The Board shall consult with the Department

14 of Children and Family Services in defining standards for

15 child care service centers established pursuant to this

16 Section to ensure compliance with the Child Care Act of 1969.

17 The Board shall establish a schedule of fees that shall be

18 charged for child care services under this Section. The

19 schedule shall be established so that charges for service are

20 based on the actual cost of care. Except as otherwise provided

21 by law for employees who may qualify for public assistance or

22 social services due to indigency or family circumstance, each

23 employee obtaining child care services under this Section

24 shall be responsible for full payment of all charges. The

25 Board shall report, on or before December 31, 1996, to the

26 Governor and the members of the General Assembly, on the

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1 feasibility and implementation of a plan for the provision of

2 comprehensive child care services.

3 (c) Prior to contracting for child care services, the

4 Board shall determine a need for child care services. Proof of

5 need may include a survey of University employees as well as a

6 determination of the availability of child care services

7 through other State agencies, or in the community. The Board

8 may also require submission of a feasibility, design and

9 implementation plan that takes into consideration similar

10 needs and services of other State universities.

11 The Board shall have the sole responsibility for choosing

12 the successful bidder and overseeing the operation of its

13 child care service program within the guidelines established

14 by the Board. The Board shall promulgate rules under the

15 Illinois Administrative Procedure Act that detail the specific

16 standards to be used in the selection of a vendor of child care

17 services.

18 The contract shall provide for the establishment of or

19 arrangement for the use of a licensedchild ~~day~~ care center or

20 a licensed child ~~day~~care agency, as defined in the Child Care

21 Act of 1969.

22 (Source: P.A. 89-4, eff. 1-1-96.)

23 Section 145. The Western Illinois University Law is

24 amended by changing Section 35-95 as follows:

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1 (110 ILCS 690/35-95)

2 Sec. 35-95. Child care services.

3 (a) For the purposes of this Section, "child care

4 services" means child ~~day~~care home or center services as

5 defined by the Child Care Act of 1969.

6 (b) The Board may contract for the provision of child care

7 services for its employees. The Board may, in accordance with

8 established rules, allow child ~~day~~care centers to operate in

9 State-owned or leased facilities. Such child ~~day~~care centers

10 shall be primarily for use by State employees of Western

11 Illinois University but use by non-employees may be allowed.

12 Where the Board enters into a contract to construct,

13 acquire or lease all or a substantial portion of a building, in

14 which more than 50 persons shall be employed, other than a

15 renewal of an existing lease, and where a need has been

16 demonstrated, according to subsection (c), on-site child care

17 services shall be provided for employees of Western Illinois

18 University.

19 The Board shall implement this Section and shall

20 promulgate all rules and regulations necessary for this

21 purpose. By September 1, 1996, the Board shall propose rules

22 setting forth the standards and criteria, including need and

23 feasibility, for determining if September child care services

24 shall be provided. The Board shall consult with the Department

25 of Children and Family Services in defining standards for

26 child care service centers established pursuant to this

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1 Section to ensure compliance with the Child Care Act of 1969.

2 The Board shall establish a schedule of fees that shall be

3 charged for child care services under this Section. The

4 schedule shall be established so that charges for service are

5 based on the actual cost of care. Except as otherwise provided

6 by law for employees who may qualify for public assistance or

7 social services due to indigency or family circumstance, each

8 employee obtaining child care services under this Section

9 shall be responsible for full payment of all charges. The

10 Board shall report, on or before December 31, 1996, to the

11 Governor and the members of the General Assembly, on the

12 feasibility and implementation of a plan for the provision of

13 comprehensive child care services.

14 (c) Prior to contracting for child care services, the

15 Board shall determine a need for child care services. Proof of

16 need may include a survey of University employees as well as a

17 determination of the availability of child care services

18 through other State agencies, or in the community. The Board

19 may also require submission of a feasibility, design and

20 implementation plan that takes into consideration similar

21 needs and services of other State universities.

22 The Board shall have the sole responsibility for choosing

23 the successful bidder and overseeing the operation of its

24 child care service program within the guidelines established

25 by the Board. The Board shall promulgate rules under the

26 Illinois Administrative Procedure Act that detail the specific

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1 standards to be used in the selection of a vendor of child care

2 services.

3 The contract shall provide for the establishment of or

4 arrangement for the use of a licensedchild ~~day~~ care center or

5 a licensed child ~~day~~care agency, as defined in the Child Care

6 Act of 1969.

7 (Source: P.A. 89-4, eff. 1-1-96.)

8 Section 150. The Alternative Health Care Delivery Act is

9 amended by changing Section 35 as follows:

10 (210 ILCS 3/35)

11 Sec. 35. Alternative health care models authorized.

12 Notwithstanding any other law to the contrary, alternative

13 health care models described in this Section may be

14 established on a demonstration basis.

15 (1) (Blank).

16 (2) Alternative health care delivery model;

17 postsurgical recovery care center. A postsurgical recovery

18 care center is a designated site which provides

19 postsurgical recovery care for generally healthy patients

20 undergoing surgical procedures that potentially require

21 overnight nursing care, pain control, or observation that

22 would otherwise be provided in an inpatient setting.

23 Patients may be discharged from the postsurgical recovery

24 care center in less than 24 hours if the attending

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1 physician or the facility's medical director believes the

2 patient has recovered enough to be discharged. A

3 postsurgical recovery care center is either freestanding

4 or a defined unit of an ambulatory surgical treatment

5 center or hospital. No facility, or portion of a facility,

6 may participate in a demonstration program as a

7 postsurgical recovery care center unless the facility has

8 been licensed as an ambulatory surgical treatment center

9 or hospital for at least 2 years before August 20, 1993

10 (the effective date of Public Act 88-441). The maximum

11 length of stay for patients in a postsurgical recovery

12 care center is not to exceed 48 hours unless the treating

13 physician requests an extension of time from the recovery

14 center's medical director on the basis of medical or

15 clinical documentation that an additional care period is

16 required for the recovery of a patient and the medical

17 director approves the extension of time. In no case,

18 however, shall a patient's length of stay in a

19 postsurgical recovery care center be longer than 72 hours.

20 If a patient requires an additional care period after the

21 expiration of the 72-hour limit, the patient shall be

22 transferred to an appropriate facility. Reports on

23 variances from the 24-hour or 48-hour limit shall be sent

24 to the Department for its evaluation. The reports shall,

25 before submission to the Department, have removed from

26 them all patient and physician identifiers. Blood products

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1 may be administered in the postsurgical recovery care

2 center model. In order to handle cases of complications,

3 emergencies, or exigent circumstances, every postsurgical

4 recovery care center as defined in this paragraph shall

5 maintain a contractual relationship, including a transfer

6 agreement, with a general acute care hospital. A

7 postsurgical recovery care center shall be no larger than

8 20 beds. A postsurgical recovery care center shall be

9 located within 15 minutes travel time from the general

10 acute care hospital with which the center maintains a

11 contractual relationship, including a transfer agreement,

12 as required under this paragraph.

13 No postsurgical recovery care center shall

14 discriminate against any patient requiring treatment

15 because of the source of payment for services, including

16 Medicare and Medicaid recipients.

17 The Department shall adopt rules to implement the

18 provisions of Public Act 88-441 concerning postsurgical

19 recovery care centers within 9 months after August 20,

20 1993. Notwithstanding any other law to the contrary, a

21 postsurgical recovery care center model may provide sleep

22 laboratory or similar sleep studies in accordance with

23 applicable State and federal laws and regulations.

24 (3) Alternative health care delivery model; children's

25 community-based health care center. A children's

26 community-based health care center model is a designated

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1 site that provides nursing care, clinical support

2 services, and therapies for a period of one to 14 days for

3 short-term stays and 120 days to facilitate transitions to

4 home or other appropriate settings for medically fragile

5 children, technology dependent children, and children with

6 special health care needs who are deemed clinically stable

7 by a physician and are younger than 22 years of age. This

8 care is to be provided in a home-like environment that

9 serves no more than 12 children at a time, except that a

10 children's community-based health care center in existence

11 on the effective date of this amendatory Act of the 100th

12 General Assembly that is located in Chicago on grade level

13 for Life Safety Code purposes may provide care to no more

14 than 16 children at a time. Children's community-based

15 health care center services must be available through the

16 model to all families, including those whose care is paid

17 for through the Department of Healthcare and Family

18 Services, the Department of Children and Family Services,

19 the Department of Human Services, and insurance companies

20 who cover home health care services or private duty

21 nursing care in the home.

22 Each children's community-based health care center

23 model location shall be physically separate and apart from

24 any other facility licensed by the Department of Public

25 Health under this or any other Act and shall provide the

26 following services: respite care, registered nursing or

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1 licensed practical nursing care, transitional care to

2 facilitate home placement or other appropriate settings

3 and reunite families, medicalchild ~~day~~care, weekend

4 camps, and diagnostic studies typically done in the home

5 setting.

6 Coverage for the services provided by the Department

7 of Healthcare and Family Services under this paragraph (3)

8 is contingent upon federal waiver approval and is provided

9 only to Medicaid eligible clients participating in the

10 home and community based services waiver designated in

11 Section 1915(c) of the Social Security Act for medically

12 frail and technologically dependent children or children

13 in Department of Children and Family Services foster care

14 who receive home health benefits.

15 (4) Alternative health care delivery model; community

16 based residential rehabilitation center. A community-based

17 residential rehabilitation center model is a designated

18 site that provides rehabilitation or support, or both, for

19 persons who have experienced severe brain injury, who are

20 medically stable, and who no longer require acute

21 rehabilitative care or intense medical or nursing

22 services. The average length of stay in a community-based

23 residential rehabilitation center shall not exceed 4

24 months. As an integral part of the services provided,

25 individuals are housed in a supervised living setting

26 while having immediate access to the community. The

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1 residential rehabilitation center authorized by the

2 Department may have more than one residence included under

3 the license. A residence may be no larger than 12 beds and

4 shall be located as an integral part of the community. Day

5 treatment or individualized outpatient services shall be

6 provided for persons who reside in their own home.

7 Functional outcome goals shall be established for each

8 individual. Services shall include, but are not limited

9 to, case management, training and assistance with

10 activities of daily living, nursing consultation,

11 traditional therapies (physical, occupational, speech),

12 functional interventions in the residence and community

13 (job placement, shopping, banking, recreation),

14 counseling, self-management strategies, productive

15 activities, and multiple opportunities for skill

16 acquisition and practice throughout the day. The design of

17 individualized program plans shall be consistent with the

18 outcome goals that are established for each resident. The

19 programs provided in this setting shall be accredited by

20 the Commission on Accreditation of Rehabilitation

21 Facilities (CARF). The program shall have been accredited

22 by CARF as a Brain Injury Community-Integrative Program

23 for at least 3 years.

24 (5) Alternative health care delivery model;

25 Alzheimer's disease management center. An Alzheimer's

26 disease management center model is a designated site that

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1 provides a safe and secure setting for care of persons

2 diagnosed with Alzheimer's disease. An Alzheimer's disease

3 management center model shall be a facility separate from

4 any other facility licensed by the Department of Public

5 Health under this or any other Act. An Alzheimer's disease

6 management center shall conduct and document an assessment

7 of each resident every 6 months. The assessment shall

8 include an evaluation of daily functioning, cognitive

9 status, other medical conditions, and behavioral problems.

10 An Alzheimer's disease management center shall develop and

11 implement an ongoing treatment plan for each resident. The

12 treatment plan shall have defined goals. The Alzheimer's

13 disease management center shall treat behavioral problems

14 and mood disorders using nonpharmacologic approaches such

15 as environmental modification, task simplification, and

16 other appropriate activities. All staff must have

17 necessary training to care for all stages of Alzheimer's

18 Disease. An Alzheimer's disease management center shall

19 provide education and support for residents and

20 caregivers. The education and support shall include

21 referrals to support organizations for educational

22 materials on community resources, support groups, legal

23 and financial issues, respite care, and future care needs

24 and options. The education and support shall also include

25 a discussion of the resident's need to make advance

26 directives and to identify surrogates for medical and

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1 legal decision-making. The provisions of this paragraph

2 establish the minimum level of services that must be

3 provided by an Alzheimer's disease management center. An

4 Alzheimer's disease management center model shall have no

5 more than 100 residents. Nothing in this paragraph (5)

6 shall be construed as prohibiting a person or facility

7 from providing services and care to persons with

8 Alzheimer's disease as otherwise authorized under State

9 law.

10 (6) Alternative health care delivery model; birth

11 center. A birth center shall be exclusively dedicated to

12 serving the childbirth-related needs of women and their

13 newborns and shall have no more than 10 beds. A birth

14 center is a designated site that is away from the mother's

15 usual place of residence and in which births are planned

16 to occur following a normal, uncomplicated, and low-risk

17 pregnancy. A birth center shall offer prenatal care and

18 community education services and shall coordinate these

19 services with other health care services available in the

20 community.

21 (A) A birth center shall not be separately

22 licensed if it is one of the following:

23 (1) A part of a hospital; or

24 (2) A freestanding facility that is physically

25 distinct from a hospital but is operated under a

26 license issued to a hospital under the Hospital

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1 Licensing Act.

2 (B) A separate birth center license shall be

3 required if the birth center is operated as:

4 (1) A part of the operation of a federally

5 qualified health center as designated by the

6 United States Department of Health and Human

7 Services; or

8 (2) A facility other than one described in

9 subparagraph (A)(1), (A)(2), or (B)(1) of this

10 paragraph (6) whose costs are reimbursable under

11 Title XIX of the federal Social Security Act.

12 In adopting rules for birth centers, the Department

13 shall consider: the American Association of Birth Centers'

14 Standards for Freestanding Birth Centers; the American

15 Academy of Pediatrics/American College of Obstetricians

16 and Gynecologists Guidelines for Perinatal Care; and the

17 Regionalized Perinatal Health Care Code. The Department's

18 rules shall stipulate the eligibility criteria for birth

19 center admission. The Department's rules shall stipulate

20 the necessary equipment for emergency care according to

21 the American Association of Birth Centers' standards and

22 any additional equipment deemed necessary by the

23 Department. The Department's rules shall provide for a

24 time period within which each birth center not part of a

25 hospital must become accredited by either the Commission

26 for the Accreditation of Freestanding Birth Centers or The

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1 Joint Commission.

2 A birth center shall be certified to participate in

3 the Medicare and Medicaid programs under Titles XVIII and

4 XIX, respectively, of the federal Social Security Act. To

5 the extent necessary, the Illinois Department of

6 Healthcare and Family Services shall apply for a waiver

7 from the United States Health Care Financing

8 Administration to allow birth centers to be reimbursed

9 under Title XIX of the federal Social Security Act.

10 A birth center that is not operated under a hospital

11 license shall be located within a ground travel time

12 distance from the general acute care hospital with which

13 the birth center maintains a contractual relationship,

14 including a transfer agreement, as required under this

15 paragraph, that allows for an emergency caesarian delivery

16 to be started within 30 minutes of the decision a

17 caesarian delivery is necessary. A birth center operating

18 under a hospital license shall be located within a ground

19 travel time distance from the licensed hospital that

20 allows for an emergency caesarian delivery to be started

21 within 30 minutes of the decision a caesarian delivery is

22 necessary.

23 The services of a medical director physician, licensed

24 to practice medicine in all its branches, who is certified

25 or eligible for certification by the American College of

26 Obstetricians and Gynecologists or the American Board of

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1 Osteopathic Obstetricians and Gynecologists or has

2 hospital obstetrical privileges are required in birth

3 centers. The medical director in consultation with the

4 Director of Nursing and Midwifery Services shall

5 coordinate the clinical staff and overall provision of

6 patient care. The medical director or his or her physician

7 designee shall be available on the premises or within a

8 close proximity as defined by rule. The medical director

9 and the Director of Nursing and Midwifery Services shall

10 jointly develop and approve policies defining the criteria

11 to determine which pregnancies are accepted as normal,

12 uncomplicated, and low-risk, and the anesthesia services

13 available at the center. No general anesthesia may be

14 administered at the center.

15 If a birth center employs certified nurse midwives, a

16 certified nurse midwife shall be the Director of Nursing

17 and Midwifery Services who is responsible for the

18 development of policies and procedures for services as

19 provided by Department rules.

20 An obstetrician, family practitioner, or certified

21 nurse midwife shall attend each woman in labor from the

22 time of admission through birth and throughout the

23 immediate postpartum period. Attendance may be delegated

24 only to another physician or certified nurse midwife.

25 Additionally, a second staff person shall also be present

26 at each birth who is licensed or certified in Illinois in a

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1 health-related field and under the supervision of the

2 physician or certified nurse midwife in attendance, has

3 specialized training in labor and delivery techniques and

4 care of newborns, and receives planned and ongoing

5 training as needed to perform assigned duties effectively.

6 The maximum length of stay in a birth center shall be

7 consistent with existing State laws allowing a 48-hour

8 stay or appropriate post-delivery care, if discharged

9 earlier than 48 hours.

10 A birth center shall participate in the Illinois

11 Perinatal System under the Developmental Disability

12 Prevention Act. At a minimum, this participation shall

13 require a birth center to establish a letter of agreement

14 with a hospital designated under the Perinatal System. A

15 hospital that operates or has a letter of agreement with a

16 birth center shall include the birth center under its

17 maternity service plan under the Hospital Licensing Act

18 and shall include the birth center in the hospital's

19 letter of agreement with its regional perinatal center.

20 A birth center may not discriminate against any

21 patient requiring treatment because of the source of

22 payment for services, including Medicare and Medicaid

23 recipients.

24 No general anesthesia and no surgery may be performed

25 at a birth center. The Department may by rule add birth

26 center patient eligibility criteria or standards as it

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1 deems necessary. The Department shall by rule require each

2 birth center to report the information which the

3 Department shall make publicly available, which shall

4 include, but is not limited to, the following:

5 (i) Birth center ownership.

6 (ii) Sources of payment for services.

7 (iii) Utilization data involving patient length of

8 stay.

9 (iv) Admissions and discharges.

10 (v) Complications.

11 (vi) Transfers.

12 (vii) Unusual incidents.

13 (viii) Deaths.

14 (ix) Any other publicly reported data required

15 under the Illinois Consumer Guide.

16 (x) Post-discharge patient status data where

17 patients are followed for 14 days after discharge from

18 the birth center to determine whether the mother or

19 baby developed a complication or infection.

20 Within 9 months after the effective date of this

21 amendatory Act of the 95th General Assembly, the

22 Department shall adopt rules that are developed with

23 consideration of: the American Association of Birth

24 Centers' Standards for Freestanding Birth Centers; the

25 American Academy of Pediatrics/American College of

26 Obstetricians and Gynecologists Guidelines for Perinatal

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1 Care; and the Regionalized Perinatal Health Care Code.

2 The Department shall adopt other rules as necessary to

3 implement the provisions of this amendatory Act of the

4 95th General Assembly within 9 months after the effective

5 date of this amendatory Act of the 95th General Assembly.

6 (Source: P.A. 100-518, eff. 12-8-17 (see Section 5 of P.A.

7 100-558 for the effective date of changes made by P.A.

8 100-518).)

9 Section 155. The MC/DD Act is amended by changing Section

10 1-114.001 as follows:

11 (210 ILCS 46/1-114.001)

12 Sec. 1-114.001. Habilitation. "Habilitation" means an

13 effort directed toward increasing a person's level of

14 physical, mental, social, or economic functioning.

15 Habilitation may include, but is not limited to, diagnosis,

16 evaluation, medical services, residential care, child ~~day~~

17 care, special living arrangements, training, education,

18 employment services, protective services, and counseling.

19 (Source: P.A. 99-180, eff. 7-29-15.)

20 Section 160. The ID/DD Community Care Act is amended by

21 changing Section 1-114.001 as follows:

22 (210 ILCS 47/1-114.001)

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1 Sec. 1-114.001. Habilitation. "Habilitation" means an

2 effort directed toward increasing a person's level of

3 physical, mental, social, or economic functioning.

4 Habilitation may include, but is not limited to, diagnosis,

5 evaluation, medical services, residential care, child ~~day~~

6 care, special living arrangements, training, education,

7 employment services, protective services, and counseling.

8 (Source: P.A. 97-38, eff. 6-28-11.)

9 Section 165. The Hospital Licensing Act is amended by

10 changing Section 6.13 as follows:

11 (210 ILCS 85/6.13) (from Ch. 111 1/2, par. 147.13)

12 Sec. 6.13. Any hospital licensed under this Act may

13 provide a program or service for the temporary custodial care

14 of mildly ill children who, because of their illness, are

15 unable to attend school or to participate in their normal

16 child ~~day~~care program. The Department shall develop minimum

17 standards, rules and regulations to govern the operation of a

18 sick child day program which is operated by a hospital and

19 located on the hospital's licensed premises. Any such

20 standards, rules and regulations shall provide that:

21 (a) a sick child day program may be located anywhere on the

22 hospital's licensed premises, including patient care units,

23 when the following conditions are met:

24 (1) Children in the sick child day program shall not

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1 simultaneously occupy the same room as a hospital patient;

2 and

3 (2) Children in the sick child day program who are

4 recovering from non-contagious conditions shall be cared

5 for in a room separate from children registered in the

6 program who have contagious conditions.

7 (b) children registered in a sick child day program are

8 not considered to be hospital patients, and are not required

9 to be under the professional care of a member of the hospital's

10 medical staff except in those cases where emergency medical

11 treatment is needed during the time the child is on the program

12 premises; and

13 (c) medication may be administered to a child in a sick

14 child program when the following conditions are met:

15 (1) Prescription medications shall be labeled with the

16 child's name, directions for administering the medication,

17 the date, the physician's name, the prescription number,

18 and the dispensing drug store or pharmacy. Only current

19 prescription medications will be administered by the

20 program. Nothing in this paragraph (1) shall be construed

21 to prohibit program staff from administering medication

22 prescribed by any licensed professional who is permitted

23 by law to do so, whether or not the professional is a

24 member of the hospital's medical staff.

25 (2) Written parental permission shall be obtained

26 before non-prescription medication is administered. Such

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1 medication shall be administered in accordance with

2 package instructions.

3 (Source: P.A. 86-1461; 87-435.)

4 Section 170. The Illinois Insurance Code is amended by

5 changing Sections 155.31, 1204, and 1630 as follows:

6 (215 ILCS 5/155.31)

7 Sec. 155.31. Child ~~Day~~ care and group child ~~day~~ care

8 homes; coverage.

9 (a) No insurer providing insurance coverage, as defined in

10 subsection (b) of Section 143.13 of this Code, shall nonrenew

11 or cancel an insurance policy on a child~~day~~ care home or group

12 child ~~day~~care home, as defined in the Child Care Act of 1969,

13 solely on the basis that the insured operates a duly licensed

14 child ~~day~~care home or groupchild ~~day~~ care home on the insured

15 premises.

16 (b) An insurer providing such insurance coverage to a

17 licensed child ~~day~~care home or licensed groupchild ~~day~~ care

18 home may provide such coverage with a separate policy or

19 endorsement to a policy of fire and extended coverage

20 insurance, as defined in subsection (b) of Section 143.13.

21 (c) Notwithstanding subsections (a) and (b) of this

22 Section, the insurer providing such coverage shall be allowed

23 to cancel or nonrenew an insurance policy on achild ~~day~~ care

24 home or group child ~~day~~care home based upon the authority

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1 provided under Sections 143.21 and 143.21.1 of this Code.

2 (Source: P.A. 90-401, eff. 1-1-98; 90-655, eff. 7-30-98.)

3 (215 ILCS 5/1204) (from Ch. 73, par. 1065.904)

4 (Text of Section WITH the changes made by P.A. 94-677,

5 which has been held unconstitutional)

6 Sec. 1204. (A) The Secretary shall promulgate rules and

7 regulations which shall require each insurer licensed to write

8 property or casualty insurance in the State and each syndicate

9 doing business on the Illinois Insurance Exchange to record

10 and report its loss and expense experience and other data as

11 may be necessary to assess the relationship of insurance

12 premiums and related income as compared to insurance costs and

13 expenses. The Secretary may designate one or more rate service

14 organizations or advisory organizations to gather and compile

15 such experience and data. The Secretary shall require each

16 insurer licensed to write property or casualty insurance in

17 this State and each syndicate doing business on the Illinois

18 Insurance Exchange to submit a report, on a form furnished by

19 the Secretary, showing its direct writings in this State and

20 companywide.

21 (B) Such report required by subsection (A) of this Section

22 may include, but not be limited to, the following specific

23 types of insurance written by such insurer:

24 (1) Political subdivision liability insurance reported

25 separately in the following categories:

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1 (a) municipalities;

2 (b) school districts;

3 (c) other political subdivisions;

4 (2) Public official liability insurance;

5 (3) Dram shop liability insurance;

6 (4) Child ~~Day~~ care center liability insurance;

7 (5) Labor, fraternal or religious organizations

8 liability insurance;

9 (6) Errors and omissions liability insurance;

10 (7) Officers and directors liability insurance

11 reported separately as follows:

12 (a) non-profit entities;

13 (b) for-profit entities;

14 (8) Products liability insurance;

15 (9) Medical malpractice insurance;

16 (10) Attorney malpractice insurance;

17 (11) Architects and engineers malpractice insurance;

18 and

19 (12) Motor vehicle insurance reported separately for

20 commercial and private passenger vehicles as follows:

21 (a) motor vehicle physical damage insurance;

22 (b) motor vehicle liability insurance.

23 (C) Such report may include, but need not be limited to the

24 following data, both specific to this State and companywide,

25 in the aggregate or by type of insurance for the previous year

26 on a calendar year basis:

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1 (1) Direct premiums written;

2 (2) Direct premiums earned;

3 (3) Number of policies;

4 (4) Net investment income, using appropriate estimates

5 where necessary;

6 (5) Losses paid;

7 (6) Losses incurred;

8 (7) Loss reserves:

9 (a) Losses unpaid on reported claims;

10 (b) Losses unpaid on incurred but not reported

11 claims;

12 (8) Number of claims:

13 (a) Paid claims;

14 (b) Arising claims;

15 (9) Loss adjustment expenses:

16 (a) Allocated loss adjustment expenses;

17 (b) Unallocated loss adjustment expenses;

18 (10) Net underwriting gain or loss;

19 (11) Net operation gain or loss, including net

20 investment income;

21 (12) Any other information requested by the Secretary.

22 (C-3) Additional information by an advisory organization

23 as defined in Section 463 of this Code.

24 (1) An advisory organization as defined in Section 463

25 of this Code shall report annually the following

26 information in such format as may be prescribed by the

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1 Secretary:

2 (a) paid and incurred losses for each of the past

3 10 years;

4 (b) medical payments and medical charges, if

5 collected, for each of the past 10 years;

6 (c) the following indemnity payment information:

7 cumulative payments by accident year by calendar year

8 of development. This array will show payments made and

9 frequency of claims in the following categories:

10 medical only, permanent partial disability (PPD),

11 permanent total disability (PTD), temporary total

12 disability (TTD), and fatalities;

13 (d) injuries by frequency and severity;

14 (e) by class of employee.

15 (2) The report filed with the Secretary of Financial

16 and Professional Regulation under paragraph (1) of this

17 subsection (C-3) shall be made available, on an aggregate

18 basis, to the General Assembly and to the general public.

19 The identity of the petitioner, the respondent, the

20 attorneys, and the insurers shall not be disclosed.

21 (3) Reports required under this subsection (C-3) shall

22 be filed with the Secretary no later than September 1 in

23 2006 and no later than September 1 of each year

24 thereafter.

25 (C-5) Additional information required from medical

26 malpractice insurers.

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1 (1) In addition to the other requirements of this

2 Section, the following information shall be included in

3 the report required by subsection (A) of this Section in

4 such form and under such terms and conditions as may be

5 prescribed by the Secretary:

6 (a) paid and incurred losses by county for each of

7 the past 10 policy years;

8 (b) earned exposures by ISO code, policy type, and

9 policy year by county for each of the past 10 years;

10 and

11 (c) the following actuarial information:

12 (i) Base class and territory equivalent

13 exposures by report year by relative accident

14 year.

15 (ii) Cumulative loss array by accident year by

16 calendar year of development. This array will show

17 frequency of claims in the following categories:

18 open, closed with indemnity (CWI), closed with

19 expense (CWE), and closed no pay (CNP); paid

20 severity in the following categories: indemnity

21 and allocated loss adjustment expenses (ALAE) on

22 closed claims; and indemnity and expense reserves

23 on pending claims.

24 (iii) Cumulative loss array by report year by

25 calendar year of development. This array will show

26 frequency of claims in the following categories:

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1 open, closed with indemnity (CWI), closed with

2 expense (CWE), and closed no pay (CNP); paid

3 severity in the following categories: indemnity

4 and allocated loss adjustment expenses (ALAE) on

5 closed claims; and indemnity and expense reserves

6 on pending claims.

7 (iv) Maturity year and tail factors.

8 (v) Any expense, contingency ddr (death,

9 disability, and retirement), commission, tax,

10 and/or off-balance factors.

11 (2) The following information must also be annually

12 provided to the Department:

13 (a) copies of the company's reserve and surplus

14 studies; and

15 (b) consulting actuarial report and data

16 supporting the company's rate filing.

17 (3) All information collected by the Secretary under

18 paragraphs (1) and (2) shall be made available, on a

19 company-by-company basis, to the General Assembly and the

20 general public. This provision shall supersede any other

21 provision of State law that may otherwise protect such

22 information from public disclosure as confidential.

23 (D) In addition to the information which may be requested

24 under subsection (C), the Secretary may also request on a

25 companywide, aggregate basis, Federal Income Tax recoverable,

26 net realized capital gain or loss, net unrealized capital gain

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1 or loss, and all other expenses not requested in subsection

2 (C) above.

3 (E) Violations - Suspensions - Revocations.

4 (1) Any company or person subject to this Article, who

5 willfully or repeatedly fails to observe or who otherwise

6 violates any of the provisions of this Article or any rule

7 or regulation promulgated by the Secretary under authority

8 of this Article or any final order of the Secretary

9 entered under the authority of this Article shall by civil

10 penalty forfeit to the State of Illinois a sum not to

11 exceed $2,000. Each day during which a violation occurs

12 constitutes a separate offense.

13 (2) No forfeiture liability under paragraph (1) of

14 this subsection may attach unless a written notice of

15 apparent liability has been issued by the Secretary and

16 received by the respondent, or the Secretary sends written

17 notice of apparent liability by registered or certified

18 mail, return receipt requested, to the last known address

19 of the respondent. Any respondent so notified must be

20 granted an opportunity to request a hearing within 10 days

21 from receipt of notice, or to show in writing, why he

22 should not be held liable. A notice issued under this

23 Section must set forth the date, facts and nature of the

24 act or omission with which the respondent is charged and

25 must specifically identify the particular provision of

26 this Article, rule, regulation or order of which a

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1 violation is charged.

2 (3) No forfeiture liability under paragraph (1) of

3 this subsection may attach for any violation occurring

4 more than 2 years prior to the date of issuance of the

5 notice of apparent liability and in no event may the total

6 civil penalty forfeiture imposed for the acts or omissions

7 set forth in any one notice of apparent liability exceed

8 $100,000.

9 (4) All administrative hearings conducted pursuant to

10 this Article are subject to 50 Ill. Adm. Code 2402 and all

11 administrative hearings are subject to the Administrative

12 Review Law.

13 (5) The civil penalty forfeitures provided for in this

14 Section are payable to the General Revenue Fund of the

15 State of Illinois, and may be recovered in a civil suit in

16 the name of the State of Illinois brought in the Circuit

17 Court in Sangamon County or in the Circuit Court of the

18 county where the respondent is domiciled or has its

19 principal operating office.

20 (6) In any case where the Secretary issues a notice of

21 apparent liability looking toward the imposition of a

22 civil penalty forfeiture under this Section that fact may

23 not be used in any other proceeding before the Secretary

24 to the prejudice of the respondent to whom the notice was

25 issued, unless (a) the civil penalty forfeiture has been

26 paid, or (b) a court has ordered payment of the civil

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1 penalty forfeiture and that order has become final.

2 (7) When any person or company has a license or

3 certificate of authority under this Code and knowingly

4 fails or refuses to comply with a lawful order of the

5 Secretary requiring compliance with this Article, entered

6 after notice and hearing, within the period of time

7 specified in the order, the Secretary may, in addition to

8 any other penalty or authority provided, revoke or refuse

9 to renew the license or certificate of authority of such

10 person or company, or may suspend the license or

11 certificate of authority of such person or company until

12 compliance with such order has been obtained.

13 (8) When any person or company has a license or

14 certificate of authority under this Code and knowingly

15 fails or refuses to comply with any provisions of this

16 Article, the Secretary may, after notice and hearing, in

17 addition to any other penalty provided, revoke or refuse

18 to renew the license or certificate of authority of such

19 person or company, or may suspend the license or

20 certificate of authority of such person or company, until

21 compliance with such provision of this Article has been

22 obtained.

23 (9) No suspension or revocation under this Section may

24 become effective until 5 days from the date that the

25 notice of suspension or revocation has been personally

26 delivered or delivered by registered or certified mail to

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1 the company or person. A suspension or revocation under

2 this Section is stayed upon the filing, by the company or

3 person, of a petition for judicial review under the

4 Administrative Review Law.

5 (Source: P.A. 94-277, eff. 7-20-05; 94-677, eff. 8-25-05;

6 95-331, eff. 8-21-07.)

7 (Text of Section WITHOUT the changes made by P.A. 94-677,

8 which has been held unconstitutional)

9 Sec. 1204. (A) The Director shall promulgate rules and

10 regulations which shall require each insurer licensed to write

11 property or casualty insurance in the State and each syndicate

12 doing business on the Illinois Insurance Exchange to record

13 and report its loss and expense experience and other data as

14 may be necessary to assess the relationship of insurance

15 premiums and related income as compared to insurance costs and

16 expenses. The Director may designate one or more rate service

17 organizations or advisory organizations to gather and compile

18 such experience and data. The Director shall require each

19 insurer licensed to write property or casualty insurance in

20 this State and each syndicate doing business on the Illinois

21 Insurance Exchange to submit a report, on a form furnished by

22 the Director, showing its direct writings in this State and

23 companywide.

24 (B) Such report required by subsection (A) of this Section

25 may include, but not be limited to, the following specific

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1 types of insurance written by such insurer:

2 (1) Political subdivision liability insurance reported

3 separately in the following categories:

4 (a) municipalities;

5 (b) school districts;

6 (c) other political subdivisions;

7 (2) Public official liability insurance;

8 (3) Dram shop liability insurance;

9 (4) Child ~~Day~~ care center liability insurance;

10 (5) Labor, fraternal or religious organizations

11 liability insurance;

12 (6) Errors and omissions liability insurance;

13 (7) Officers and directors liability insurance

14 reported separately as follows:

15 (a) non-profit entities;

16 (b) for-profit entities;

17 (8) Products liability insurance;

18 (9) Medical malpractice insurance;

19 (10) Attorney malpractice insurance;

20 (11) Architects and engineers malpractice insurance;

21 and

22 (12) Motor vehicle insurance reported separately for

23 commercial and private passenger vehicles as follows:

24 (a) motor vehicle physical damage insurance;

25 (b) motor vehicle liability insurance.

26 (C) Such report may include, but need not be limited to the

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1 following data, both specific to this State and companywide,

2 in the aggregate or by type of insurance for the previous year

3 on a calendar year basis:

4 (1) Direct premiums written;

5 (2) Direct premiums earned;

6 (3) Number of policies;

7 (4) Net investment income, using appropriate estimates

8 where necessary;

9 (5) Losses paid;

10 (6) Losses incurred;

11 (7) Loss reserves:

12 (a) Losses unpaid on reported claims;

13 (b) Losses unpaid on incurred but not reported

14 claims;

15 (8) Number of claims:

16 (a) Paid claims;

17 (b) Arising claims;

18 (9) Loss adjustment expenses:

19 (a) Allocated loss adjustment expenses;

20 (b) Unallocated loss adjustment expenses;

21 (10) Net underwriting gain or loss;

22 (11) Net operation gain or loss, including net

23 investment income;

24 (12) Any other information requested by the Director.

25 (C-3) Additional information by an advisory organization

26 as defined in Section 463 of this Code.

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1 (1) An advisory organization as defined in Section 463

2 of this Code shall report annually the following

3 information in such format as may be prescribed by the

4 Secretary:

5 (a) paid and incurred losses for each of the past

6 10 years;

7 (b) medical payments and medical charges, if

8 collected, for each of the past 10 years;

9 (c) the following indemnity payment information:

10 cumulative payments by accident year by calendar year

11 of development. This array will show payments made and

12 frequency of claims in the following categories:

13 medical only, permanent partial disability (PPD),

14 permanent total disability (PTD), temporary total

15 disability (TTD), and fatalities;

16 (d) injuries by frequency and severity;

17 (e) by class of employee.

18 (2) The report filed with the Secretary of Financial

19 and Professional Regulation under paragraph (1) of this

20 subsection (C-3) shall be made available, on an aggregate

21 basis, to the General Assembly and to the general public.

22 The identity of the petitioner, the respondent, the

23 attorneys, and the insurers shall not be disclosed.

24 (3) Reports required under this subsection (C-3) shall

25 be filed with the Secretary no later than September 1 in

26 2006 and no later than September 1 of each year

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1 thereafter.

2 (D) In addition to the information which may be requested

3 under subsection (C), the Director may also request on a

4 companywide, aggregate basis, Federal Income Tax recoverable,

5 net realized capital gain or loss, net unrealized capital gain

6 or loss, and all other expenses not requested in subsection

7 (C) above.

8 (E) Violations - Suspensions - Revocations.

9 (1) Any company or person subject to this Article, who

10 willfully or repeatedly fails to observe or who otherwise

11 violates any of the provisions of this Article or any rule

12 or regulation promulgated by the Director under authority

13 of this Article or any final order of the Director entered

14 under the authority of this Article shall by civil penalty

15 forfeit to the State of Illinois a sum not to exceed

16 $2,000. Each day during which a violation occurs

17 constitutes a separate offense.

18 (2) No forfeiture liability under paragraph (1) of

19 this subsection may attach unless a written notice of

20 apparent liability has been issued by the Director and

21 received by the respondent, or the Director sends written

22 notice of apparent liability by registered or certified

23 mail, return receipt requested, to the last known address

24 of the respondent. Any respondent so notified must be

25 granted an opportunity to request a hearing within 10 days

26 from receipt of notice, or to show in writing, why he

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1 should not be held liable. A notice issued under this

2 Section must set forth the date, facts and nature of the

3 act or omission with which the respondent is charged and

4 must specifically identify the particular provision of

5 this Article, rule, regulation or order of which a

6 violation is charged.

7 (3) No forfeiture liability under paragraph (1) of

8 this subsection may attach for any violation occurring

9 more than 2 years prior to the date of issuance of the

10 notice of apparent liability and in no event may the total

11 civil penalty forfeiture imposed for the acts or omissions

12 set forth in any one notice of apparent liability exceed

13 $100,000.

14 (4) All administrative hearings conducted pursuant to

15 this Article are subject to 50 Ill. Adm. Code 2402 and all

16 administrative hearings are subject to the Administrative

17 Review Law.

18 (5) The civil penalty forfeitures provided for in this

19 Section are payable to the General Revenue Fund of the

20 State of Illinois, and may be recovered in a civil suit in

21 the name of the State of Illinois brought in the Circuit

22 Court in Sangamon County or in the Circuit Court of the

23 county where the respondent is domiciled or has its

24 principal operating office.

25 (6) In any case where the Director issues a notice of

26 apparent liability looking toward the imposition of a

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1 civil penalty forfeiture under this Section that fact may

2 not be used in any other proceeding before the Director to

3 the prejudice of the respondent to whom the notice was

4 issued, unless (a) the civil penalty forfeiture has been

5 paid, or (b) a court has ordered payment of the civil

6 penalty forfeiture and that order has become final.

7 (7) When any person or company has a license or

8 certificate of authority under this Code and knowingly

9 fails or refuses to comply with a lawful order of the

10 Director requiring compliance with this Article, entered

11 after notice and hearing, within the period of time

12 specified in the order, the Director may, in addition to

13 any other penalty or authority provided, revoke or refuse

14 to renew the license or certificate of authority of such

15 person or company, or may suspend the license or

16 certificate of authority of such person or company until

17 compliance with such order has been obtained.

18 (8) When any person or company has a license or

19 certificate of authority under this Code and knowingly

20 fails or refuses to comply with any provisions of this

21 Article, the Director may, after notice and hearing, in

22 addition to any other penalty provided, revoke or refuse

23 to renew the license or certificate of authority of such

24 person or company, or may suspend the license or

25 certificate of authority of such person or company, until

26 compliance with such provision of this Article has been

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1 obtained.

2 (9) No suspension or revocation under this Section may

3 become effective until 5 days from the date that the

4 notice of suspension or revocation has been personally

5 delivered or delivered by registered or certified mail to

6 the company or person. A suspension or revocation under

7 this Section is stayed upon the filing, by the company or

8 person, of a petition for judicial review under the

9 Administrative Review Law.

10 (Source: P.A. 94-277, eff. 7-20-05; 95-331, eff. 8-21-07.)

11 (215 ILCS 5/1630)

12 Sec. 1630. Definitions. As used in this Article:

13 "Aggregator site" means a website that provides access to

14 information regarding insurance products from more than one

15 insurer, including product and insurer information, for use in

16 comparison shopping.

17 "Blanket travel insurance" means a policy of travel

18 insurance issued to any eligible group providing coverage for

19 specific classes of persons defined in the policy with

20 coverage provided to all members of the eligible group without

21 a separate charge to individual members of the eligible group.

22 "Cancellation fee waiver" means a contractual agreement

23 between a supplier of travel services and its customer to

24 waive some or all of the nonrefundable cancellation fee

25 provisions of the supplier's underlying travel contract with

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1 or without regard to the reason for the cancellation or form of

2 reimbursement. A "cancellation fee waiver" is not insurance.

3 "Eligible group", solely for the purposes of travel

4 insurance, means 2 or more persons who are engaged in a common

5 enterprise, or have an economic, educational, or social

6 affinity or relationship, including, but not limited to, any

7 of the following:

8 (1) any entity engaged in the business of providing

9 travel or travel services, including, but not limited to:

10 tour operators, lodging providers, vacation property

11 owners, hotels and resorts, travel clubs, travel agencies,

12 property managers, cultural exchange programs, and common

13 carriers or the operator, owner, or lessor of a means of

14 transportation of passengers, including, but not limited

15 to, airlines, cruise lines, railroads, steamship

16 companies, and public bus carriers, wherein with regard to

17 any particular travel or type of travel or travelers, all

18 members or customers of the group must have a common

19 exposure to risk attendant to such travel;

20 (2) any college, school, or other institution of

21 learning covering students, teachers, employees, or

22 volunteers;

23 (3) any employer covering any group of employees,

24 volunteers, contractors, board of directors, dependents,

25 or guests;

26 (4) any sports team, camp, or sponsor of any sports

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1 team or camp covering participants, members, campers,

2 employees, officials, supervisors, or volunteers;

3 (5) any religious, charitable, recreational,

4 educational, or civic organization, or branch of an

5 organization covering any group of members, participants,

6 or volunteers;

7 (6) any financial institution or financial institution

8 vendor, or parent holding company, trustee, or agent of or

9 designated by one or more financial institutions or

10 financial institution vendors, including account holders,

11 credit card holders, debtors, guarantors, or purchasers;

12 (7) any incorporated or unincorporated association,

13 including labor unions, having a common interest,

14 constitution and bylaws, and organized and maintained in

15 good faith for purposes other than obtaining insurance for

16 members or participants of such association covering its

17 members;

18 (8) any trust or the trustees of a fund established,

19 created, or maintained for the benefit of and covering

20 members, employees or customers, subject to the Director's

21 permitting the use of a trust and the State's premium tax

22 provisions, of one or more associations meeting the

23 requirements of paragraph (7) of this definition;

24 (9) any entertainment production company covering any

25 group of participants, volunteers, audience members,

26 contestants, or workers;

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1 (10) any volunteer fire department, ambulance, rescue,

2 police, court, or any first aid, civil defense, or other

3 such volunteer group;

4 (11) preschools, child ~~day~~ care institutions for

5 children or adults, and senior citizen clubs;

6 (12) any automobile or truck rental or leasing company

7 covering a group of individuals who may become renters,

8 lessees, or passengers defined by their travel status on

9 the rented or leased vehicles. The common carrier, the

10 operator, owner or lessor of a means of transportation, or

11 the automobile or truck rental or leasing company, is the

12 policyholder under a policy to which this Section applies;

13 or

14 (13) any other group where the Director has determined

15 that the members are engaged in a common enterprise, or

16 have an economic, educational, or social affinity or

17 relationship, and that issuance of the policy would not be

18 contrary to the public interest.

19 "Fulfillment materials" means documentation sent to the

20 purchaser of a travel protection plan confirming the purchase

21 and providing the travel protection plan's coverage and

22 assistance details.

23 "Group travel insurance" means travel insurance issued to

24 any eligible group.

25 "Limited lines travel insurance producer" means one of the

26 following:

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1 (1) a licensed managing general agent or third-party

2 administrator;

3 (2) a licensed insurance producer, including a limited

4 lines producer; or

5 (3) a travel administrator.

6 "Offering and disseminating" means the following:

7 (1) Providing information to a prospective or current

8 policyholder on behalf of a limited lines travel insurance

9 entity, including brochures, buyer guides, descriptions of

10 coverage, and price.

11 (2) Referring specific questions regarding coverage

12 features and benefits from a prospective or current

13 policyholder to a limited lines travel insurance entity.

14 (3) Disseminating and processing applications for

15 coverage, coverage selection forms, or other similar forms

16 in response to a request from a prospective or current

17 policyholder.

18 (4) Collecting premiums from a prospective or current

19 policyholder on behalf of a limited lines travel insurance

20 entity.

21 (5) Receiving and recording information from a

22 policyholder to share with a limited lines travel

23 insurance entity.

24 "Primary policyholder" means an individual person who

25 elects and purchases individual travel insurance.

26 "Travel administrator" means a person who directly or

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1 indirectly underwrites, collects charges, collateral, or

2 premiums from, or adjusts or settles claims on residents of

3 this State in connection with travel insurance, except that a

4 person shall not be considered a travel administrator if that

5 person's only actions that would otherwise cause the person to

6 be considered a travel administrator are among the following:

7 (1) a person working for a travel administrator to the

8 extent that the person's activities are subject to the

9 supervision and control of the travel administrator;

10 (2) an insurance producer selling insurance or engaged

11 in administrative and claims-related activities within the

12 scope of the producer's license;

13 (3) a travel retailer offering and disseminating

14 travel insurance and registered under the license of a

15 limited lines travel insurance producer in accordance with

16 Section 1635;

17 (4) an individual adjusting or settling claims in the

18 normal course of that individual's practice or employment

19 as an attorney-at-law and who does not collect charges or

20 premiums in connection with insurance coverage; or

21 (5) a business entity that is affiliated with a

22 licensed insurer while acting as a travel administrator

23 for the direct and assumed insurance business of an

24 affiliated insurer.

25 "Travel assistance services" means noninsurance services

26 for which the consumer is not indemnified based on a

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1 fortuitous event, and where providing the service does not

2 result in transfer or shifting of risk that would constitute

3 the business of insurance. "Travel assistance services"

4 include, but are not limited to: security advisories;

5 destination information; vaccination and immunization

6 information services; travel reservation services;

7 entertainment; activity and event planning; translation

8 assistance; emergency messaging; international legal and

9 medical referrals; medical case monitoring; coordination of

10 transportation arrangements; emergency cash transfer

11 assistance; medical prescription replacement assistance;

12 passport and travel document replacement assistance; lost

13 luggage assistance; concierge services; and any other service

14 that is furnished in connection with planned travel. "Travel

15 assistance services" are not insurance and are not related to

16 insurance.

17 "Travel insurance" means insurance coverage for personal

18 risks incident to planned travel, including, but not limited

19 to:

20 (1) the interruption or cancellation of a trip or

21 event;

22 (2) the loss of baggage or personal effects;

23 (3) damages to accommodations or rental vehicles;

24 (4) sickness, accident, disability, or death occurring

25 during travel;

26 (5) emergency evacuation;

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1 (6) repatriation of remains; or

2 (7) any other contractual obligations to indemnify or

3 pay a specified amount to the traveler upon determinable

4 contingencies related to travel as approved by the

5 Director.

6 "Travel insurance" does not include major medical plans

7 that provide comprehensive medical protection for travelers

8 with trips lasting 6 months or longer, including those working

9 overseas as expatriates or as military personnel on

10 deployment.

11 "Travel insurance business entity" means a licensed

12 insurance producer designated by an insurer as set forth in

13 subsection (h) of Section 1635.

14 "Travel protection plans" means plans that provide one or

15 more of the following: travel insurance, travel assistance

16 services, and cancellation fee waivers.

17 "Travel retailer" means a business organization that

18 makes, arranges, or offers travel services and, with respect

19 to travel insurance, is limited to offering and disseminating

20 as defined in this Section, unless otherwise licensed under

21 subsection (b) of Section 1635.

22 (Source: P.A. 102-212, eff. 10-28-21.)

23 Section 175. The Public Utilities Act is amended by

24 changing Section 8-103B as follows:

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1 (220 ILCS 5/8-103B)

2 Sec. 8-103B. Energy efficiency and demand-response

3 measures.

4 (a) It is the policy of the State that electric utilities

5 are required to use cost-effective energy efficiency and

6 demand-response measures to reduce delivery load. Requiring

7 investment in cost-effective energy efficiency and

8 demand-response measures will reduce direct and indirect costs

9 to consumers by decreasing environmental impacts and by

10 avoiding or delaying the need for new generation,

11 transmission, and distribution infrastructure. It serves the

12 public interest to allow electric utilities to recover costs

13 for reasonably and prudently incurred expenditures for energy

14 efficiency and demand-response measures. As used in this

15 Section, "cost-effective" means that the measures satisfy the

16 total resource cost test. The low-income measures described in

17 subsection (c) of this Section shall not be required to meet

18 the total resource cost test. For purposes of this Section,

19 the terms "energy-efficiency", "demand-response", "electric

20 utility", and "total resource cost test" have the meanings set

21 forth in the Illinois Power Agency Act. "Black, indigenous,

22 and people of color" and "BIPOC" means people who are members

23 of the groups described in subparagraphs (a) through (e) of

24 paragraph (A) of subsection (1) of Section 2 of the Business

25 Enterprise for Minorities, Women, and Persons with

26 Disabilities Act.

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1 (a-5) This Section applies to electric utilities serving

2 more than 500,000 retail customers in the State for those

3 multi-year plans commencing after December 31, 2017.

4 (b) For purposes of this Section, electric utilities

5 subject to this Section that serve more than 3,000,000 retail

6 customers in the State shall be deemed to have achieved a

7 cumulative persisting annual savings of 6.6% from energy

8 efficiency measures and programs implemented during the period

9 beginning January 1, 2012 and ending December 31, 2017, which

10 percent is based on the deemed average weather normalized

11 sales of electric power and energy during calendar years 2014,

12 2015, and 2016 of 88,000,000 MWhs. For the purposes of this

13 subsection (b) and subsection (b-5), the 88,000,000 MWhs of

14 deemed electric power and energy sales shall be reduced by the

15 number of MWhs equal to the sum of the annual consumption of

16 customers that have opted out of subsections (a) through (j)

17 of this Section under paragraph (1) of subsection (l) of this

18 Section, as averaged across the calendar years 2014, 2015, and

19 2016. After 2017, the deemed value of cumulative persisting

20 annual savings from energy efficiency measures and programs

21 implemented during the period beginning January 1, 2012 and

22 ending December 31, 2017, shall be reduced each year, as

23 follows, and the applicable value shall be applied to and

24 count toward the utility's achievement of the cumulative

25 persisting annual savings goals set forth in subsection (b-5):

26 (1) 5.8% deemed cumulative persisting annual savings

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1 for the year ending December 31, 2018;

2 (2) 5.2% deemed cumulative persisting annual savings

3 for the year ending December 31, 2019;

4 (3) 4.5% deemed cumulative persisting annual savings

5 for the year ending December 31, 2020;

6 (4) 4.0% deemed cumulative persisting annual savings

7 for the year ending December 31, 2021;

8 (5) 3.5% deemed cumulative persisting annual savings

9 for the year ending December 31, 2022;

10 (6) 3.1% deemed cumulative persisting annual savings

11 for the year ending December 31, 2023;

12 (7) 2.8% deemed cumulative persisting annual savings

13 for the year ending December 31, 2024;

14 (8) 2.5% deemed cumulative persisting annual savings

15 for the year ending December 31, 2025;

16 (9) 2.3% deemed cumulative persisting annual savings

17 for the year ending December 31, 2026;

18 (10) 2.1% deemed cumulative persisting annual savings

19 for the year ending December 31, 2027;

20 (11) 1.8% deemed cumulative persisting annual savings

21 for the year ending December 31, 2028;

22 (12) 1.7% deemed cumulative persisting annual savings

23 for the year ending December 31, 2029;

24 (13) 1.5% deemed cumulative persisting annual savings

25 for the year ending December 31, 2030;

26 (14) 1.3% deemed cumulative persisting annual savings

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1 for the year ending December 31, 2031;

2 (15) 1.1% deemed cumulative persisting annual savings

3 for the year ending December 31, 2032;

4 (16) 0.9% deemed cumulative persisting annual savings

5 for the year ending December 31, 2033;

6 (17) 0.7% deemed cumulative persisting annual savings

7 for the year ending December 31, 2034;

8 (18) 0.5% deemed cumulative persisting annual savings

9 for the year ending December 31, 2035;

10 (19) 0.4% deemed cumulative persisting annual savings

11 for the year ending December 31, 2036;

12 (20) 0.3% deemed cumulative persisting annual savings

13 for the year ending December 31, 2037;

14 (21) 0.2% deemed cumulative persisting annual savings

15 for the year ending December 31, 2038;

16 (22) 0.1% deemed cumulative persisting annual savings

17 for the year ending December 31, 2039; and

18 (23) 0.0% deemed cumulative persisting annual savings

19 for the year ending December 31, 2040 and all subsequent

20 years.

21 For purposes of this Section, "cumulative persisting

22 annual savings" means the total electric energy savings in a

23 given year from measures installed in that year or in previous

24 years, but no earlier than January 1, 2012, that are still

25 operational and providing savings in that year because the

26 measures have not yet reached the end of their useful lives.

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1 (b-5) Beginning in 2018, electric utilities subject to

2 this Section that serve more than 3,000,000 retail customers

3 in the State shall achieve the following cumulative persisting

4 annual savings goals, as modified by subsection (f) of this

5 Section and as compared to the deemed baseline of 88,000,000

6 MWhs of electric power and energy sales set forth in

7 subsection (b), as reduced by the number of MWhs equal to the

8 sum of the annual consumption of customers that have opted out

9 of subsections (a) through (j) of this Section under paragraph

10 (1) of subsection (l) of this Section as averaged across the

11 calendar years 2014, 2015, and 2016, through the

12 implementation of energy efficiency measures during the

13 applicable year and in prior years, but no earlier than

14 January 1, 2012:

15 (1) 7.8% cumulative persisting annual savings for the

16 year ending December 31, 2018;

17 (2) 9.1% cumulative persisting annual savings for the

18 year ending December 31, 2019;

19 (3) 10.4% cumulative persisting annual savings for the

20 year ending December 31, 2020;

21 (4) 11.8% cumulative persisting annual savings for the

22 year ending December 31, 2021;

23 (5) 13.1% cumulative persisting annual savings for the

24 year ending December 31, 2022;

25 (6) 14.4% cumulative persisting annual savings for the

26 year ending December 31, 2023;

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1 (7) 15.7% cumulative persisting annual savings for the

2 year ending December 31, 2024;

3 (8) 17% cumulative persisting annual savings for the

4 year ending December 31, 2025;

5 (9) 17.9% cumulative persisting annual savings for the

6 year ending December 31, 2026;

7 (10) 18.8% cumulative persisting annual savings for

8 the year ending December 31, 2027;

9 (11) 19.7% cumulative persisting annual savings for

10 the year ending December 31, 2028;

11 (12) 20.6% cumulative persisting annual savings for

12 the year ending December 31, 2029; and

13 (13) 21.5% cumulative persisting annual savings for

14 the year ending December 31, 2030.

15 No later than December 31, 2021, the Illinois Commerce

16 Commission shall establish additional cumulative persisting

17 annual savings goals for the years 2031 through 2035. No later

18 than December 31, 2024, the Illinois Commerce Commission shall

19 establish additional cumulative persisting annual savings

20 goals for the years 2036 through 2040. The Commission shall

21 also establish additional cumulative persisting annual savings

22 goals every 5 years thereafter to ensure that utilities always

23 have goals that extend at least 11 years into the future. The

24 cumulative persisting annual savings goals beyond the year

25 2030 shall increase by 0.9 percentage points per year, absent

26 a Commission decision to initiate a proceeding to consider

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1 establishing goals that increase by more or less than that

2 amount. Such a proceeding must be conducted in accordance with

3 the procedures described in subsection (f) of this Section. If

4 such a proceeding is initiated, the cumulative persisting

5 annual savings goals established by the Commission through

6 that proceeding shall reflect the Commission's best estimate

7 of the maximum amount of additional savings that are forecast

8 to be cost-effectively achievable unless such best estimates

9 would result in goals that represent less than 0.5 percentage

10 point annual increases in total cumulative persisting annual

11 savings. The Commission may only establish goals that

12 represent less than 0.5 percentage point annual increases in

13 cumulative persisting annual savings if it can demonstrate,

14 based on clear and convincing evidence and through independent

15 analysis, that 0.5 percentage point increases are not

16 cost-effectively achievable. The Commission shall inform its

17 decision based on an energy efficiency potential study that

18 conforms to the requirements of this Section.

19 (b-10) For purposes of this Section, electric utilities

20 subject to this Section that serve less than 3,000,000 retail

21 customers but more than 500,000 retail customers in the State

22 shall be deemed to have achieved a cumulative persisting

23 annual savings of 6.6% from energy efficiency measures and

24 programs implemented during the period beginning January 1,

25 2012 and ending December 31, 2017, which is based on the deemed

26 average weather normalized sales of electric power and energy

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1 during calendar years 2014, 2015, and 2016 of 36,900,000 MWhs.

2 For the purposes of this subsection (b-10) and subsection

3 (b-15), the 36,900,000 MWhs of deemed electric power and

4 energy sales shall be reduced by the number of MWhs equal to

5 the sum of the annual consumption of customers that have opted

6 out of subsections (a) through (j) of this Section under

7 paragraph (1) of subsection (l) of this Section, as averaged

8 across the calendar years 2014, 2015, and 2016. After 2017,

9 the deemed value of cumulative persisting annual savings from

10 energy efficiency measures and programs implemented during the

11 period beginning January 1, 2012 and ending December 31, 2017,

12 shall be reduced each year, as follows, and the applicable

13 value shall be applied to and count toward the utility's

14 achievement of the cumulative persisting annual savings goals

15 set forth in subsection (b-15):

16 (1) 5.8% deemed cumulative persisting annual savings

17 for the year ending December 31, 2018;

18 (2) 5.2% deemed cumulative persisting annual savings

19 for the year ending December 31, 2019;

20 (3) 4.5% deemed cumulative persisting annual savings

21 for the year ending December 31, 2020;

22 (4) 4.0% deemed cumulative persisting annual savings

23 for the year ending December 31, 2021;

24 (5) 3.5% deemed cumulative persisting annual savings

25 for the year ending December 31, 2022;

26 (6) 3.1% deemed cumulative persisting annual savings

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1 for the year ending December 31, 2023;

2 (7) 2.8% deemed cumulative persisting annual savings

3 for the year ending December 31, 2024;

4 (8) 2.5% deemed cumulative persisting annual savings

5 for the year ending December 31, 2025;

6 (9) 2.3% deemed cumulative persisting annual savings

7 for the year ending December 31, 2026;

8 (10) 2.1% deemed cumulative persisting annual savings

9 for the year ending December 31, 2027;

10 (11) 1.8% deemed cumulative persisting annual savings

11 for the year ending December 31, 2028;

12 (12) 1.7% deemed cumulative persisting annual savings

13 for the year ending December 31, 2029;

14 (13) 1.5% deemed cumulative persisting annual savings

15 for the year ending December 31, 2030;

16 (14) 1.3% deemed cumulative persisting annual savings

17 for the year ending December 31, 2031;

18 (15) 1.1% deemed cumulative persisting annual savings

19 for the year ending December 31, 2032;

20 (16) 0.9% deemed cumulative persisting annual savings

21 for the year ending December 31, 2033;

22 (17) 0.7% deemed cumulative persisting annual savings

23 for the year ending December 31, 2034;

24 (18) 0.5% deemed cumulative persisting annual savings

25 for the year ending December 31, 2035;

26 (19) 0.4% deemed cumulative persisting annual savings

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1 for the year ending December 31, 2036;

2 (20) 0.3% deemed cumulative persisting annual savings

3 for the year ending December 31, 2037;

4 (21) 0.2% deemed cumulative persisting annual savings

5 for the year ending December 31, 2038;

6 (22) 0.1% deemed cumulative persisting annual savings

7 for the year ending December 31, 2039; and

8 (23) 0.0% deemed cumulative persisting annual savings

9 for the year ending December 31, 2040 and all subsequent

10 years.

11 (b-15) Beginning in 2018, electric utilities subject to

12 this Section that serve less than 3,000,000 retail customers

13 but more than 500,000 retail customers in the State shall

14 achieve the following cumulative persisting annual savings

15 goals, as modified by subsection (b-20) and subsection (f) of

16 this Section and as compared to the deemed baseline as reduced

17 by the number of MWhs equal to the sum of the annual

18 consumption of customers that have opted out of subsections

19 (a) through (j) of this Section under paragraph (1) of

20 subsection (l) of this Section as averaged across the calendar

21 years 2014, 2015, and 2016, through the implementation of

22 energy efficiency measures during the applicable year and in

23 prior years, but no earlier than January 1, 2012:

24 (1) 7.4% cumulative persisting annual savings for the

25 year ending December 31, 2018;

26 (2) 8.2% cumulative persisting annual savings for the

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1 year ending December 31, 2019;

2 (3) 9.0% cumulative persisting annual savings for the

3 year ending December 31, 2020;

4 (4) 9.8% cumulative persisting annual savings for the

5 year ending December 31, 2021;

6 (5) 10.6% cumulative persisting annual savings for the

7 year ending December 31, 2022;

8 (6) 11.4% cumulative persisting annual savings for the

9 year ending December 31, 2023;

10 (7) 12.2% cumulative persisting annual savings for the

11 year ending December 31, 2024;

12 (8) 13% cumulative persisting annual savings for the

13 year ending December 31, 2025;

14 (9) 13.6% cumulative persisting annual savings for the

15 year ending December 31, 2026;

16 (10) 14.2% cumulative persisting annual savings for

17 the year ending December 31, 2027;

18 (11) 14.8% cumulative persisting annual savings for

19 the year ending December 31, 2028;

20 (12) 15.4% cumulative persisting annual savings for

21 the year ending December 31, 2029; and

22 (13) 16% cumulative persisting annual savings for the

23 year ending December 31, 2030.

24 No later than December 31, 2021, the Illinois Commerce

25 Commission shall establish additional cumulative persisting

26 annual savings goals for the years 2031 through 2035. No later

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1 than December 31, 2024, the Illinois Commerce Commission shall

2 establish additional cumulative persisting annual savings

3 goals for the years 2036 through 2040. The Commission shall

4 also establish additional cumulative persisting annual savings

5 goals every 5 years thereafter to ensure that utilities always

6 have goals that extend at least 11 years into the future. The

7 cumulative persisting annual savings goals beyond the year

8 2030 shall increase by 0.6 percentage points per year, absent

9 a Commission decision to initiate a proceeding to consider

10 establishing goals that increase by more or less than that

11 amount. Such a proceeding must be conducted in accordance with

12 the procedures described in subsection (f) of this Section. If

13 such a proceeding is initiated, the cumulative persisting

14 annual savings goals established by the Commission through

15 that proceeding shall reflect the Commission's best estimate

16 of the maximum amount of additional savings that are forecast

17 to be cost-effectively achievable unless such best estimates

18 would result in goals that represent less than 0.4 percentage

19 point annual increases in total cumulative persisting annual

20 savings. The Commission may only establish goals that

21 represent less than 0.4 percentage point annual increases in

22 cumulative persisting annual savings if it can demonstrate,

23 based on clear and convincing evidence and through independent

24 analysis, that 0.4 percentage point increases are not

25 cost-effectively achievable. The Commission shall inform its

26 decision based on an energy efficiency potential study that

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1 conforms to the requirements of this Section.

2 (b-20) Each electric utility subject to this Section may

3 include cost-effective voltage optimization measures in its

4 plans submitted under subsections (f) and (g) of this Section,

5 and the costs incurred by a utility to implement the measures

6 under a Commission-approved plan shall be recovered under the

7 provisions of Article IX or Section 16-108.5 of this Act. For

8 purposes of this Section, the measure life of voltage

9 optimization measures shall be 15 years. The measure life

10 period is independent of the depreciation rate of the voltage

11 optimization assets deployed. Utilities may claim savings from

12 voltage optimization on circuits for more than 15 years if

13 they can demonstrate that they have made additional

14 investments necessary to enable voltage optimization savings

15 to continue beyond 15 years. Such demonstrations must be

16 subject to the review of independent evaluation.

17 Within 270 days after June 1, 2017 (the effective date of

18 Public Act 99-906), an electric utility that serves less than

19 3,000,000 retail customers but more than 500,000 retail

20 customers in the State shall file a plan with the Commission

21 that identifies the cost-effective voltage optimization

22 investment the electric utility plans to undertake through

23 December 31, 2024. The Commission, after notice and hearing,

24 shall approve or approve with modification the plan within 120

25 days after the plan's filing and, in the order approving or

26 approving with modification the plan, the Commission shall

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1 adjust the applicable cumulative persisting annual savings

2 goals set forth in subsection (b-15) to reflect any amount of

3 cost-effective energy savings approved by the Commission that

4 is greater than or less than the following cumulative

5 persisting annual savings values attributable to voltage

6 optimization for the applicable year:

7 (1) 0.0% of cumulative persisting annual savings for

8 the year ending December 31, 2018;

9 (2) 0.17% of cumulative persisting annual savings for

10 the year ending December 31, 2019;

11 (3) 0.17% of cumulative persisting annual savings for

12 the year ending December 31, 2020;

13 (4) 0.33% of cumulative persisting annual savings for

14 the year ending December 31, 2021;

15 (5) 0.5% of cumulative persisting annual savings for

16 the year ending December 31, 2022;

17 (6) 0.67% of cumulative persisting annual savings for

18 the year ending December 31, 2023;

19 (7) 0.83% of cumulative persisting annual savings for

20 the year ending December 31, 2024; and

21 (8) 1.0% of cumulative persisting annual savings for

22 the year ending December 31, 2025 and all subsequent

23 years.

24 (b-25) In the event an electric utility jointly offers an

25 energy efficiency measure or program with a gas utility under

26 plans approved under this Section and Section 8-104 of this

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1 Act, the electric utility may continue offering the program,

2 including the gas energy efficiency measures, in the event the

3 gas utility discontinues funding the program. In that event,

4 the energy savings value associated with such other fuels

5 shall be converted to electric energy savings on an equivalent

6 Btu basis for the premises. However, the electric utility

7 shall prioritize programs for low-income residential customers

8 to the extent practicable. An electric utility may recover the

9 costs of offering the gas energy efficiency measures under

10 this subsection (b-25).

11 For those energy efficiency measures or programs that save

12 both electricity and other fuels but are not jointly offered

13 with a gas utility under plans approved under this Section and

14 Section 8-104 or not offered with an affiliated gas utility

15 under paragraph (6) of subsection (f) of Section 8-104 of this

16 Act, the electric utility may count savings of fuels other

17 than electricity toward the achievement of its annual savings

18 goal, and the energy savings value associated with such other

19 fuels shall be converted to electric energy savings on an

20 equivalent Btu basis at the premises.

21 In no event shall more than 10% of each year's applicable

22 annual total savings requirement as defined in paragraph (7.5)

23 of subsection (g) of this Section be met through savings of

24 fuels other than electricity.

25 (b-27) Beginning in 2022, an electric utility may offer

26 and promote measures that electrify space heating, water

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1 heating, cooling, drying, cooking, industrial processes, and

2 other building and industrial end uses that would otherwise be

3 served by combustion of fossil fuel at the premises, provided

4 that the electrification measures reduce total energy

5 consumption at the premises. The electric utility may count

6 the reduction in energy consumption at the premises toward

7 achievement of its annual savings goals. The reduction in

8 energy consumption at the premises shall be calculated as the

9 difference between: (A) the reduction in Btu consumption of

10 fossil fuels as a result of electrification, converted to

11 kilowatt-hour equivalents by dividing by 3,412 Btus ~~Btu's~~ per

12 kilowatt hour; and (B) the increase in kilowatt hours of

13 electricity consumption resulting from the displacement of

14 fossil fuel consumption as a result of electrification. An

15 electric utility may recover the costs of offering and

16 promoting electrification measures under this subsection

17 (b-27).

18 In no event shall electrification savings counted toward

19 each year's applicable annual total savings requirement, as

20 defined in paragraph (7.5) of subsection (g) of this Section,

21 be greater than:

22 (1) 5% per year for each year from 2022 through 2025;

23 (2) 10% per year for each year from 2026 through 2029;

24 and

25 (3) 15% per year for 2030 and all subsequent years.

26 In addition, a minimum of 25% of all electrification savings

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1 counted toward a utility's applicable annual total savings

2 requirement must be from electrification of end uses in

3 low-income housing. The limitations on electrification savings

4 that may be counted toward a utility's annual savings goals

5 are separate from and in addition to the subsection (b-25)

6 limitations governing the counting of the other fuel savings

7 resulting from efficiency measures and programs.

8 As part of the annual informational filing to the

9 Commission that is required under paragraph (9) of subsection

10 (g) of this Section, each utility shall identify the specific

11 electrification measures offered under this subsection

12 ~~subjection~~ (b-27); the quantity of each electrification

13 measure that was installed by its customers; the average total

14 cost, average utility cost, average reduction in fossil fuel

15 consumption, and average increase in electricity consumption

16 associated with each electrification measure; the portion of

17 installations of each electrification measure that were in

18 low-income single-family housing, low-income multifamily

19 housing, non-low-income single-family housing, non-low-income

20 multifamily housing, commercial buildings, and industrial

21 facilities; and the quantity of savings associated with each

22 measure category in each customer category that are being

23 counted toward the utility's applicable annual total savings

24 requirement. Prior to installing an electrification measure,

25 the utility shall provide a customer with an estimate of the

26 impact of the new measure on the customer's average monthly

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1 electric bill and total annual energy expenses.

2 (c) Electric utilities shall be responsible for overseeing

3 the design, development, and filing of energy efficiency plans

4 with the Commission and may, as part of that implementation,

5 outsource various aspects of program development and

6 implementation. A minimum of 10%, for electric utilities that

7 serve more than 3,000,000 retail customers in the State, and a

8 minimum of 7%, for electric utilities that serve less than

9 3,000,000 retail customers but more than 500,000 retail

10 customers in the State, of the utility's entire portfolio

11 funding level for a given year shall be used to procure

12 cost-effective energy efficiency measures from units of local

13 government, municipal corporations, school districts, public

14 housing, and community college districts, provided that a

15 minimum percentage of available funds shall be used to procure

16 energy efficiency from public housing, which percentage shall

17 be equal to public housing's share of public building energy

18 consumption.

19 The utilities shall also implement energy efficiency

20 measures targeted at low-income households, which, for

21 purposes of this Section, shall be defined as households at or

22 below 80% of area median income, and expenditures to implement

23 the measures shall be no less than $40,000,000 per year for

24 electric utilities that serve more than 3,000,000 retail

25 customers in the State and no less than $13,000,000 per year

26 for electric utilities that serve less than 3,000,000 retail

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1 customers but more than 500,000 retail customers in the State.

2 The ratio of spending on efficiency programs targeted at

3 low-income multifamily buildings to spending on efficiency

4 programs targeted at low-income single-family buildings shall

5 be designed to achieve levels of savings from each building

6 type that are approximately proportional to the magnitude of

7 cost-effective lifetime savings potential in each building

8 type. Investment in low-income whole-building weatherization

9 programs shall constitute a minimum of 80% of a utility's

10 total budget specifically dedicated to serving low-income

11 customers.

12 The utilities shall work to bundle low-income energy

13 efficiency offerings with other programs that serve low-income

14 households to maximize the benefits going to these households.

15 The utilities shall market and implement low-income energy

16 efficiency programs in coordination with low-income assistance

17 programs, the Illinois Solar for All Program, and

18 weatherization whenever practicable. The program implementer

19 shall walk the customer through the enrollment process for any

20 programs for which the customer is eligible. The utilities

21 shall also pilot targeting customers with high arrearages,

22 high energy intensity (ratio of energy usage divided by home

23 or unit square footage), or energy assistance programs with

24 energy efficiency offerings, and then track reduction in

25 arrearages as a result of the targeting. This targeting and

26 bundling of low-income energy programs shall be offered to

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1 both low-income single-family and multifamily customers

2 (owners and residents).

3 The utilities shall invest in health and safety measures

4 appropriate and necessary for comprehensively weatherizing a

5 home or multifamily building, and shall implement a health and

6 safety fund of at least 15% of the total income-qualified

7 weatherization budget that shall be used for the purpose of

8 making grants for technical assistance, construction,

9 reconstruction, improvement, or repair of buildings to

10 facilitate their participation in the energy efficiency

11 programs targeted at low-income single-family and multifamily

12 households. These funds may also be used for the purpose of

13 making grants for technical assistance, construction,

14 reconstruction, improvement, or repair of the following

15 buildings to facilitate their participation in the energy

16 efficiency programs created by this Section: (1) buildings

17 that are owned or operated by registered 501(c)(3) public

18 charities; and (2) child ~~day~~ care centers, child ~~day~~ care

19 homes, or group child ~~day~~ care homes, as defined under 89 Ill.

20 Adm. Code Part 406, 407, or 408, respectively.

21 Each electric utility shall assess opportunities to

22 implement cost-effective energy efficiency measures and

23 programs through a public housing authority or authorities

24 located in its service territory. If such opportunities are

25 identified, the utility shall propose such measures and

26 programs to address the opportunities. Expenditures to address

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1 such opportunities shall be credited toward the minimum

2 procurement and expenditure requirements set forth in this

3 subsection (c).

4 Implementation of energy efficiency measures and programs

5 targeted at low-income households should be contracted, when

6 it is practicable, to independent third parties that have

7 demonstrated capabilities to serve such households, with a

8 preference for not-for-profit entities and government agencies

9 that have existing relationships with or experience serving

10 low-income communities in the State.

11 Each electric utility shall develop and implement

12 reporting procedures that address and assist in determining

13 the amount of energy savings that can be applied to the

14 low-income procurement and expenditure requirements set forth

15 in this subsection (c). Each electric utility shall also track

16 the types and quantities or volumes of insulation and air

17 sealing materials, and their associated energy saving

18 benefits, installed in energy efficiency programs targeted at

19 low-income single-family and multifamily households.

20 The electric utilities shall participate in a low-income

21 energy efficiency accountability committee ("the committee"),

22 which will directly inform the design, implementation, and

23 evaluation of the low-income and public-housing energy

24 efficiency programs. The committee shall be comprised of the

25 electric utilities subject to the requirements of this

26 Section, the gas utilities subject to the requirements of

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1 Section 8-104 of this Act, the utilities' low-income energy

2 efficiency implementation contractors, nonprofit

3 organizations, community action agencies, advocacy groups,

4 State and local governmental agencies, public-housing

5 organizations, and representatives of community-based

6 organizations, especially those living in or working with

7 environmental justice communities and BIPOC communities. The

8 committee shall be composed of 2 geographically differentiated

9 subcommittees: one for stakeholders in northern Illinois and

10 one for stakeholders in central and southern Illinois. The

11 subcommittees shall meet together at least twice per year.

12 There shall be one statewide leadership committee led by

13 and composed of community-based organizations that are

14 representative of BIPOC and environmental justice communities

15 and that includes equitable representation from BIPOC

16 communities. The leadership committee shall be composed of an

17 equal number of representatives from the 2 subcommittees. The

18 subcommittees shall address specific programs and issues, with

19 the leadership committee convening targeted workgroups as

20 needed. The leadership committee may elect to work with an

21 independent facilitator to solicit and organize feedback,

22 recommendations and meeting participation from a wide variety

23 of community-based stakeholders. If a facilitator is used,

24 they shall be fair and responsive to the needs of all

25 stakeholders involved in the committee.

26 All committee meetings must be accessible, with rotating

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1 locations if meetings are held in-person, virtual

2 participation options, and materials and agendas circulated in

3 advance.

4 There shall also be opportunities for direct input by

5 committee members outside of committee meetings, such as via

6 individual meetings, surveys, emails and calls, to ensure

7 robust participation by stakeholders with limited capacity and

8 ability to attend committee meetings. Committee meetings shall

9 emphasize opportunities to bundle and coordinate delivery of

10 low-income energy efficiency with other programs that serve

11 low-income communities, such as the Illinois Solar for All

12 Program and bill payment assistance programs. Meetings shall

13 include educational opportunities for stakeholders to learn

14 more about these additional offerings, and the committee shall

15 assist in figuring out the best methods for coordinated

16 delivery and implementation of offerings when serving

17 low-income communities. The committee shall directly and

18 equitably influence and inform utility low-income and

19 public-housing energy efficiency programs and priorities.

20 Participating utilities shall implement recommendations from

21 the committee whenever possible.

22 Participating utilities shall track and report how input

23 from the committee has led to new approaches and changes in

24 their energy efficiency portfolios. This reporting shall occur

25 at committee meetings and in quarterly energy efficiency

26 reports to the Stakeholder Advisory Group and Illinois

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1 Commerce Commission, and other relevant reporting mechanisms.

2 Participating utilities shall also report on relevant equity

3 data and metrics requested by the committee, such as energy

4 burden data, geographic, racial, and other relevant

5 demographic data on where programs are being delivered and

6 what populations programs are serving.

7 The Illinois Commerce Commission shall oversee and have

8 relevant staff participate in the committee. The committee

9 shall have a budget of 0.25% of each utility's entire

10 efficiency portfolio funding for a given year. The budget

11 shall be overseen by the Commission. The budget shall be used

12 to provide grants for community-based organizations serving on

13 the leadership committee, stipends for community-based

14 organizations participating in the committee, grants for

15 community-based organizations to do energy efficiency outreach

16 and education, and relevant meeting needs as determined by the

17 leadership committee. The education and outreach shall

18 include, but is not limited to, basic energy efficiency

19 education, information about low-income energy efficiency

20 programs, and information on the committee's purpose,

21 structure, and activities.

22 (d) Notwithstanding any other provision of law to the

23 contrary, a utility providing approved energy efficiency

24 measures and, if applicable, demand-response measures in the

25 State shall be permitted to recover all reasonable and

26 prudently incurred costs of those measures from all retail

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

2 Section, as follows, provided that nothing in this subsection

3 (d) permits the double recovery of such costs from customers:

4 (1) The utility may recover its costs through an

5 automatic adjustment clause tariff filed with and approved

6 by the Commission. The tariff shall be established outside

7 the context of a general rate case. Each year the

8 Commission shall initiate a review to reconcile any

9 amounts collected with the actual costs and to determine

10 the required adjustment to the annual tariff factor to

11 match annual expenditures. To enable the financing of the

12 incremental capital expenditures, including regulatory

13 assets, for electric utilities that serve less than

14 3,000,000 retail customers but more than 500,000 retail

15 customers in the State, the utility's actual year-end

16 capital structure that includes a common equity ratio,

17 excluding goodwill, of up to and including 50% of the

18 total capital structure shall be deemed reasonable and

19 used to set rates.

20 (2) A utility may recover its costs through an energy

21 efficiency formula rate approved by the Commission under a

22 filing under subsections (f) and (g) of this Section,

23 which shall specify the cost components that form the

24 basis of the rate charged to customers with sufficient

25 specificity to operate in a standardized manner and be

26 updated annually with transparent information that

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1 reflects the utility's actual costs to be recovered during

2 the applicable rate year, which is the period beginning

3 with the first billing day of January and extending

4 through the last billing day of the following December.

5 The energy efficiency formula rate shall be implemented

6 through a tariff filed with the Commission under

7 subsections (f) and (g) of this Section that is consistent

8 with the provisions of this paragraph (2) and that shall

9 be applicable to all delivery services customers. The

10 Commission shall conduct an investigation of the tariff in

11 a manner consistent with the provisions of this paragraph

12 (2), subsections (f) and (g) of this Section, and the

13 provisions of Article IX of this Act to the extent they do

14 not conflict with this paragraph (2). The energy

15 efficiency formula rate approved by the Commission shall

16 remain in effect at the discretion of the utility and

17 shall do the following:

18 (A) Provide for the recovery of the utility's

19 actual costs incurred under this Section that are

20 prudently incurred and reasonable in amount consistent

21 with Commission practice and law. The sole fact that a

22 cost differs from that incurred in a prior calendar

23 year or that an investment is different from that made

24 in a prior calendar year shall not imply the

25 imprudence or unreasonableness of that cost or

26 investment.

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1 (B) Reflect the utility's actual year-end capital

2 structure for the applicable calendar year, excluding

3 goodwill, subject to a determination of prudence and

4 reasonableness consistent with Commission practice and

5 law. To enable the financing of the incremental

6 capital expenditures, including regulatory assets, for

7 electric utilities that serve less than 3,000,000

8 retail customers but more than 500,000 retail

9 customers in the State, a participating electric

10 utility's actual year-end capital structure that

11 includes a common equity ratio, excluding goodwill, of

12 up to and including 50% of the total capital structure

13 shall be deemed reasonable and used to set rates.

14 (C) Include a cost of equity, which shall be

15 calculated as the sum of the following:

16 (i) the average for the applicable calendar

17 year of the monthly average yields of 30-year U.S.

18 Treasury bonds published by the Board of Governors

19 of the Federal Reserve System in its weekly H.15

20 Statistical Release or successor publication; and

21 (ii) 580 basis points.

22 At such time as the Board of Governors of the

23 Federal Reserve System ceases to include the monthly

24 average yields of 30-year U.S. Treasury bonds in its

25 weekly H.15 Statistical Release or successor

26 publication, the monthly average yields of the U.S.

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1 Treasury bonds then having the longest duration

2 published by the Board of Governors in its weekly H.15

3 Statistical Release or successor publication shall

4 instead be used for purposes of this paragraph (2).

5 (D) Permit and set forth protocols, subject to a

6 determination of prudence and reasonableness

7 consistent with Commission practice and law, for the

8 following:

9 (i) recovery of incentive compensation expense

10 that is based on the achievement of operational

11 metrics, including metrics related to budget

12 controls, outage duration and frequency, safety,

13 customer service, efficiency and productivity, and

14 environmental compliance; however, this protocol

15 shall not apply if such expense related to costs

16 incurred under this Section is recovered under

17 Article IX or Section 16-108.5 of this Act;

18 incentive compensation expense that is based on

19 net income or an affiliate's earnings per share

20 shall not be recoverable under the energy

21 efficiency formula rate;

22 (ii) recovery of pension and other

23 post-employment benefits expense, provided that

24 such costs are supported by an actuarial study;

25 however, this protocol shall not apply if such

26 expense related to costs incurred under this

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1 Section is recovered under Article IX or Section

2 16-108.5 of this Act;

3 (iii) recovery of existing regulatory assets

4 over the periods previously authorized by the

5 Commission;

6 (iv) as described in subsection (e),

7 amortization of costs incurred under this Section;

8 and

9 (v) projected, weather normalized billing

10 determinants for the applicable rate year.

11 (E) Provide for an annual reconciliation, as

12 described in paragraph (3) of this subsection (d),

13 less any deferred taxes related to the reconciliation,

14 with interest at an annual rate of return equal to the

15 utility's weighted average cost of capital, including

16 a revenue conversion factor calculated to recover or

17 refund all additional income taxes that may be payable

18 or receivable as a result of that return, of the energy

19 efficiency revenue requirement reflected in rates for

20 each calendar year, beginning with the calendar year

21 in which the utility files its energy efficiency

22 formula rate tariff under this paragraph (2), with

23 what the revenue requirement would have been had the

24 actual cost information for the applicable calendar

25 year been available at the filing date.

26 The utility shall file, together with its tariff, the

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1 projected costs to be incurred by the utility during the

2 rate year under the utility's multi-year plan approved

3 under subsections (f) and (g) of this Section, including,

4 but not limited to, the projected capital investment costs

5 and projected regulatory asset balances with

6 correspondingly updated depreciation and amortization

7 reserves and expense, that shall populate the energy

8 efficiency formula rate and set the initial rates under

9 the formula.

10 The Commission shall review the proposed tariff in

11 conjunction with its review of a proposed multi-year plan,

12 as specified in paragraph (5) of subsection (g) of this

13 Section. The review shall be based on the same evidentiary

14 standards, including, but not limited to, those concerning

15 the prudence and reasonableness of the costs incurred by

16 the utility, the Commission applies in a hearing to review

17 a filing for a general increase in rates under Article IX

18 of this Act. The initial rates shall take effect beginning

19 with the January monthly billing period following the

20 Commission's approval.

21 The tariff's rate design and cost allocation across

22 customer classes shall be consistent with the utility's

23 automatic adjustment clause tariff in effect on June 1,

24 2017 (the effective date of Public Act 99-906); however,

25 the Commission may revise the tariff's rate design and

26 cost allocation in subsequent proceedings under paragraph

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1 (3) of this subsection (d).

2 If the energy efficiency formula rate is terminated,

3 the then current rates shall remain in effect until such

4 time as the energy efficiency costs are incorporated into

5 new rates that are set under this subsection (d) or

6 Article IX of this Act, subject to retroactive rate

7 adjustment, with interest, to reconcile rates charged with

8 actual costs.

9 (3) The provisions of this paragraph (3) shall only

10 apply to an electric utility that has elected to file an

11 energy efficiency formula rate under paragraph (2) of this

12 subsection (d). Subsequent to the Commission's issuance of

13 an order approving the utility's energy efficiency formula

14 rate structure and protocols, and initial rates under

15 paragraph (2) of this subsection (d), the utility shall

16 file, on or before June 1 of each year, with the Chief

17 Clerk of the Commission its updated cost inputs to the

18 energy efficiency formula rate for the applicable rate

19 year and the corresponding new charges, as well as the

20 information described in paragraph (9) of subsection (g)

21 of this Section. Each such filing shall conform to the

22 following requirements and include the following

23 information:

24 (A) The inputs to the energy efficiency formula

25 rate for the applicable rate year shall be based on the

26 projected costs to be incurred by the utility during

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1 the rate year under the utility's multi-year plan

2 approved under subsections (f) and (g) of this

3 Section, including, but not limited to, projected

4 capital investment costs and projected regulatory

5 asset balances with correspondingly updated

6 depreciation and amortization reserves and expense.

7 The filing shall also include a reconciliation of the

8 energy efficiency revenue requirement that was in

9 effect for the prior rate year (as set by the cost

10 inputs for the prior rate year) with the actual

11 revenue requirement for the prior rate year

12 (determined using a year-end rate base) that uses

13 amounts reflected in the applicable FERC Form 1 that

14 reports the actual costs for the prior rate year. Any

15 over-collection or under-collection indicated by such

16 reconciliation shall be reflected as a credit against,

17 or recovered as an additional charge to, respectively,

18 with interest calculated at a rate equal to the

19 utility's weighted average cost of capital approved by

20 the Commission for the prior rate year, the charges

21 for the applicable rate year. Such over-collection or

22 under-collection shall be adjusted to remove any

23 deferred taxes related to the reconciliation, for

24 purposes of calculating interest at an annual rate of

25 return equal to the utility's weighted average cost of

26 capital approved by the Commission for the prior rate

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1 year, including a revenue conversion factor calculated

2 to recover or refund all additional income taxes that

3 may be payable or receivable as a result of that

4 return. Each reconciliation shall be certified by the

5 participating utility in the same manner that FERC

6 Form 1 is certified. The filing shall also include the

7 charge or credit, if any, resulting from the

8 calculation required by subparagraph (E) of paragraph

9 (2) of this subsection (d).

10 Notwithstanding any other provision of law to the

11 contrary, the intent of the reconciliation is to

12 ultimately reconcile both the revenue requirement

13 reflected in rates for each calendar year, beginning

14 with the calendar year in which the utility files its

15 energy efficiency formula rate tariff under paragraph

16 (2) of this subsection (d), with what the revenue

17 requirement determined using a year-end rate base for

18 the applicable calendar year would have been had the

19 actual cost information for the applicable calendar

20 year been available at the filing date.

21 For purposes of this Section, "FERC Form 1" means

22 the Annual Report of Major Electric Utilities,

23 Licensees and Others that electric utilities are

24 required to file with the Federal Energy Regulatory

25 Commission under the Federal Power Act, Sections 3,

26 4(a), 304 and 209, modified as necessary to be

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1 consistent with 83 Ill. Adm. ~~Admin.~~ Code Part 415 as of

2 May 1, 2011. Nothing in this Section is intended to

3 allow costs that are not otherwise recoverable to be

4 recoverable by virtue of inclusion in FERC Form 1.

5 (B) The new charges shall take effect beginning on

6 the first billing day of the following January billing

7 period and remain in effect through the last billing

8 day of the next December billing period regardless of

9 whether the Commission enters upon a hearing under

10 this paragraph (3).

11 (C) The filing shall include relevant and

12 necessary data and documentation for the applicable

13 rate year. Normalization adjustments shall not be

14 required.

15 Within 45 days after the utility files its annual

16 update of cost inputs to the energy efficiency formula

17 rate, the Commission shall with reasonable notice,

18 initiate a proceeding concerning whether the projected

19 costs to be incurred by the utility and recovered during

20 the applicable rate year, and that are reflected in the

21 inputs to the energy efficiency formula rate, are

22 consistent with the utility's approved multi-year plan

23 under subsections (f) and (g) of this Section and whether

24 the costs incurred by the utility during the prior rate

25 year were prudent and reasonable. The Commission shall

26 also have the authority to investigate the information and

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1 data described in paragraph (9) of subsection (g) of this

2 Section, including the proposed adjustment to the

3 utility's return on equity component of its weighted

4 average cost of capital. During the course of the

5 proceeding, each objection shall be stated with

6 particularity and evidence provided in support thereof,

7 after which the utility shall have the opportunity to

8 rebut the evidence. Discovery shall be allowed consistent

9 with the Commission's Rules of Practice, which Rules of

10 Practice shall be enforced by the Commission or the

11 assigned administrative law judge. The Commission shall

12 apply the same evidentiary standards, including, but not

13 limited to, those concerning the prudence and

14 reasonableness of the costs incurred by the utility,

15 during the proceeding as it would apply in a proceeding to

16 review a filing for a general increase in rates under

17 Article IX of this Act. The Commission shall not, however,

18 have the authority in a proceeding under this paragraph

19 (3) to consider or order any changes to the structure or

20 protocols of the energy efficiency formula rate approved

21 under paragraph (2) of this subsection (d). In a

22 proceeding under this paragraph (3), the Commission shall

23 enter its order no later than the earlier of 195 days after

24 the utility's filing of its annual update of cost inputs

25 to the energy efficiency formula rate or December 15. The

26 utility's proposed return on equity calculation, as

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1 described in paragraphs (7) through (9) of subsection (g)

2 of this Section, shall be deemed the final, approved

3 calculation on December 15 of the year in which it is filed

4 unless the Commission enters an order on or before

5 December 15, after notice and hearing, that modifies such

6 calculation consistent with this Section. The Commission's

7 determinations of the prudence and reasonableness of the

8 costs incurred, and determination of such return on equity

9 calculation, for the applicable calendar year shall be

10 final upon entry of the Commission's order and shall not

11 be subject to reopening, reexamination, or collateral

12 attack in any other Commission proceeding, case, docket,

13 order, rule, or regulation; however, nothing in this

14 paragraph (3) shall prohibit a party from petitioning the

15 Commission to rehear or appeal to the courts the order

16 under the provisions of this Act.

17 (e) Beginning on June 1, 2017 (the effective date of

18 Public Act 99-906), a utility subject to the requirements of

19 this Section may elect to defer, as a regulatory asset, up to

20 the full amount of its expenditures incurred under this

21 Section for each annual period, including, but not limited to,

22 any expenditures incurred above the funding level set by

23 subsection (f) of this Section for a given year. The total

24 expenditures deferred as a regulatory asset in a given year

25 shall be amortized and recovered over a period that is equal to

26 the weighted average of the energy efficiency measure lives

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1 implemented for that year that are reflected in the regulatory

2 asset. The unamortized balance shall be recognized as of

3 December 31 for a given year. The utility shall also earn a

4 return on the total of the unamortized balances of all of the

5 energy efficiency regulatory assets, less any deferred taxes

6 related to those unamortized balances, at an annual rate equal

7 to the utility's weighted average cost of capital that

8 includes, based on a year-end capital structure, the utility's

9 actual cost of debt for the applicable calendar year and a cost

10 of equity, which shall be calculated as the sum of the (i) the

11 average for the applicable calendar year of the monthly

12 average yields of 30-year U.S. Treasury bonds published by the

13 Board of Governors of the Federal Reserve System in its weekly

14 H.15 Statistical Release or successor publication; and (ii)

15 580 basis points, including a revenue conversion factor

16 calculated to recover or refund all additional income taxes

17 that may be payable or receivable as a result of that return.

18 Capital investment costs shall be depreciated and recovered

19 over their useful lives consistent with generally accepted

20 accounting principles. The weighted average cost of capital

21 shall be applied to the capital investment cost balance, less

22 any accumulated depreciation and accumulated deferred income

23 taxes, as of December 31 for a given year.

24 When an electric utility creates a regulatory asset under

25 the provisions of this Section, the costs are recovered over a

26 period during which customers also receive a benefit which is

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1 in the public interest. Accordingly, it is the intent of the

2 General Assembly that an electric utility that elects to

3 create a regulatory asset under the provisions of this Section

4 shall recover all of the associated costs as set forth in this

5 Section. After the Commission has approved the prudence and

6 reasonableness of the costs that comprise the regulatory

7 asset, the electric utility shall be permitted to recover all

8 such costs, and the value and recoverability through rates of

9 the associated regulatory asset shall not be limited, altered,

10 impaired, or reduced.

11 (f) Beginning in 2017, each electric utility shall file an

12 energy efficiency plan with the Commission to meet the energy

13 efficiency standards for the next applicable multi-year period

14 beginning January 1 of the year following the filing,

15 according to the schedule set forth in paragraphs (1) through

16 (3) of this subsection (f). If a utility does not file such a

17 plan on or before the applicable filing deadline for the plan,

18 it shall face a penalty of $100,000 per day until the plan is

19 filed.

20 (1) No later than 30 days after June 1, 2017 (the

21 effective date of Public Act 99-906), each electric

22 utility shall file a 4-year energy efficiency plan

23 commencing on January 1, 2018 that is designed to achieve

24 the cumulative persisting annual savings goals specified

25 in paragraphs (1) through (4) of subsection (b-5) of this

26 Section or in paragraphs (1) through (4) of subsection

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1 (b-15) of this Section, as applicable, through

2 implementation of energy efficiency measures; however, the

3 goals may be reduced if the utility's expenditures are

4 limited pursuant to subsection (m) of this Section or, for

5 a utility that serves less than 3,000,000 retail

6 customers, if each of the following conditions are met:

7 (A) the plan's analysis and forecasts of the utility's

8 ability to acquire energy savings demonstrate that

9 achievement of such goals is not cost effective; and (B)

10 the amount of energy savings achieved by the utility as

11 determined by the independent evaluator for the most

12 recent year for which savings have been evaluated

13 preceding the plan filing was less than the average annual

14 amount of savings required to achieve the goals for the

15 applicable 4-year plan period. Except as provided in

16 subsection (m) of this Section, annual increases in

17 cumulative persisting annual savings goals during the

18 applicable 4-year plan period shall not be reduced to

19 amounts that are less than the maximum amount of

20 cumulative persisting annual savings that is forecast to

21 be cost-effectively achievable during the 4-year plan

22 period. The Commission shall review any proposed goal

23 reduction as part of its review and approval of the

24 utility's proposed plan.

25 (2) No later than March 1, 2021, each electric utility

26 shall file a 4-year energy efficiency plan commencing on

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1 January 1, 2022 that is designed to achieve the cumulative

2 persisting annual savings goals specified in paragraphs

3 (5) through (8) of subsection (b-5) of this Section or in

4 paragraphs (5) through (8) of subsection (b-15) of this

5 Section, as applicable, through implementation of energy

6 efficiency measures; however, the goals may be reduced if

7 either (1) clear and convincing evidence demonstrates,

8 through independent analysis, that the expenditure limits

9 in subsection (m) of this Section preclude full

10 achievement of the goals or (2) each of the following

11 conditions are met: (A) the plan's analysis and forecasts

12 of the utility's ability to acquire energy savings

13 demonstrate by clear and convincing evidence and through

14 independent analysis that achievement of such goals is not

15 cost effective; and (B) the amount of energy savings

16 achieved by the utility as determined by the independent

17 evaluator for the most recent year for which savings have

18 been evaluated preceding the plan filing was less than the

19 average annual amount of savings required to achieve the

20 goals for the applicable 4-year plan period. If there is

21 not clear and convincing evidence that achieving the

22 savings goals specified in paragraph (b-5) or (b-15) of

23 this Section is possible both cost-effectively and within

24 the expenditure limits in subsection (m), such savings

25 goals shall not be reduced. Except as provided in

26 subsection (m) of this Section, annual increases in

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1 cumulative persisting annual savings goals during the

2 applicable 4-year plan period shall not be reduced to

3 amounts that are less than the maximum amount of

4 cumulative persisting annual savings that is forecast to

5 be cost-effectively achievable during the 4-year plan

6 period. The Commission shall review any proposed goal

7 reduction as part of its review and approval of the

8 utility's proposed plan.

9 (3) No later than March 1, 2025, each electric utility

10 shall file a 4-year energy efficiency plan commencing on

11 January 1, 2026 that is designed to achieve the cumulative

12 persisting annual savings goals specified in paragraphs

13 (9) through (12) of subsection (b-5) of this Section or in

14 paragraphs (9) through (12) of subsection (b-15) of this

15 Section, as applicable, through implementation of energy

16 efficiency measures; however, the goals may be reduced if

17 either (1) clear and convincing evidence demonstrates,

18 through independent analysis, that the expenditure limits

19 in subsection (m) of this Section preclude full

20 achievement of the goals or (2) each of the following

21 conditions are met: (A) the plan's analysis and forecasts

22 of the utility's ability to acquire energy savings

23 demonstrate by clear and convincing evidence and through

24 independent analysis that achievement of such goals is not

25 cost effective; and (B) the amount of energy savings

26 achieved by the utility as determined by the independent

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1 evaluator for the most recent year for which savings have

2 been evaluated preceding the plan filing was less than the

3 average annual amount of savings required to achieve the

4 goals for the applicable 4-year plan period. If there is

5 not clear and convincing evidence that achieving the

6 savings goals specified in paragraphs (b-5) or (b-15) of

7 this Section is possible both cost-effectively and within

8 the expenditure limits in subsection (m), such savings

9 goals shall not be reduced. Except as provided in

10 subsection (m) of this Section, annual increases in

11 cumulative persisting annual savings goals during the

12 applicable 4-year plan period shall not be reduced to

13 amounts that are less than the maximum amount of

14 cumulative persisting annual savings that is forecast to

15 be cost-effectively achievable during the 4-year plan

16 period. The Commission shall review any proposed goal

17 reduction as part of its review and approval of the

18 utility's proposed plan.

19 (4) No later than March 1, 2029, and every 4 years

20 thereafter, each electric utility shall file a 4-year

21 energy efficiency plan commencing on January 1, 2030, and

22 every 4 years thereafter, respectively, that is designed

23 to achieve the cumulative persisting annual savings goals

24 established by the Illinois Commerce Commission pursuant

25 to direction of subsections (b-5) and (b-15) of this

26 Section, as applicable, through implementation of energy

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1 efficiency measures; however, the goals may be reduced if

2 either (1) clear and convincing evidence and independent

3 analysis demonstrates that the expenditure limits in

4 subsection (m) of this Section preclude full achievement

5 of the goals or (2) each of the following conditions are

6 met: (A) the plan's analysis and forecasts of the

7 utility's ability to acquire energy savings demonstrate by

8 clear and convincing evidence and through independent

9 analysis that achievement of such goals is not

10 cost-effective; and (B) the amount of energy savings

11 achieved by the utility as determined by the independent

12 evaluator for the most recent year for which savings have

13 been evaluated preceding the plan filing was less than the

14 average annual amount of savings required to achieve the

15 goals for the applicable 4-year plan period. If there is

16 not clear and convincing evidence that achieving the

17 savings goals specified in paragraphs (b-5) or (b-15) of

18 this Section is possible both cost-effectively and within

19 the expenditure limits in subsection (m), such savings

20 goals shall not be reduced. Except as provided in

21 subsection (m) of this Section, annual increases in

22 cumulative persisting annual savings goals during the

23 applicable 4-year plan period shall not be reduced to

24 amounts that are less than the maximum amount of

25 cumulative persisting annual savings that is forecast to

26 be cost-effectively achievable during the 4-year plan

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1 period. The Commission shall review any proposed goal

2 reduction as part of its review and approval of the

3 utility's proposed plan.

4 Each utility's plan shall set forth the utility's

5 proposals to meet the energy efficiency standards identified

6 in subsection (b-5) or (b-15), as applicable and as such

7 standards may have been modified under this subsection (f),

8 taking into account the unique circumstances of the utility's

9 service territory. For those plans commencing on January 1,

10 2018, the Commission shall seek public comment on the

11 utility's plan and shall issue an order approving or

12 disapproving each plan no later than 105 days after June 1,

13 2017 (the effective date of Public Act 99-906). For those

14 plans commencing after December 31, 2021, the Commission shall

15 seek public comment on the utility's plan and shall issue an

16 order approving or disapproving each plan within 6 months

17 after its submission. If the Commission disapproves a plan,

18 the Commission shall, within 30 days, describe in detail the

19 reasons for the disapproval and describe a path by which the

20 utility may file a revised draft of the plan to address the

21 Commission's concerns satisfactorily. If the utility does not

22 refile with the Commission within 60 days, the utility shall

23 be subject to penalties at a rate of $100,000 per day until the

24 plan is filed. This process shall continue, and penalties

25 shall accrue, until the utility has successfully filed a

26 portfolio of energy efficiency and demand-response measures.

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1 Penalties shall be deposited into the Energy Efficiency Trust

2 Fund.

3 (g) In submitting proposed plans and funding levels under

4 subsection (f) of this Section to meet the savings goals

5 identified in subsection (b-5) or (b-15) of this Section, as

6 applicable, the utility shall:

7 (1) Demonstrate that its proposed energy efficiency

8 measures will achieve the applicable requirements that are

9 identified in subsection (b-5) or (b-15) of this Section,

10 as modified by subsection (f) of this Section.

11 (2) (Blank).

12 (2.5) Demonstrate consideration of program options for

13 (A) advancing new building codes, appliance standards, and

14 municipal regulations governing existing and new building

15 efficiency improvements and (B) supporting efforts to

16 improve compliance with new building codes, appliance

17 standards and municipal regulations, as potentially

18 cost-effective means of acquiring energy savings to count

19 toward savings goals.

20 (3) Demonstrate that its overall portfolio of

21 measures, not including low-income programs described in

22 subsection (c) of this Section, is cost-effective using

23 the total resource cost test or complies with paragraphs

24 (1) through (3) of subsection (f) of this Section and

25 represents a diverse cross-section of opportunities for

26 customers of all rate classes, other than those customers

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1 described in subsection (l) of this Section, to

2 participate in the programs. Individual measures need not

3 be cost effective.

4 (3.5) Demonstrate that the utility's plan integrates

5 the delivery of energy efficiency programs with natural

6 gas efficiency programs, programs promoting distributed

7 solar, programs promoting demand response and other

8 efforts to address bill payment issues, including, but not

9 limited to, LIHEAP and the Percentage of Income Payment

10 Plan, to the extent such integration is practical and has

11 the potential to enhance customer engagement, minimize

12 market confusion, or reduce administrative costs.

13 (4) Present a third-party energy efficiency

14 implementation program subject to the following

15 requirements:

16 (A) beginning with the year commencing January 1,

17 2019, electric utilities that serve more than

18 3,000,000 retail customers in the State shall fund

19 third-party energy efficiency programs in an amount

20 that is no less than $25,000,000 per year, and

21 electric utilities that serve less than 3,000,000

22 retail customers but more than 500,000 retail

23 customers in the State shall fund third-party energy

24 efficiency programs in an amount that is no less than

25 $8,350,000 per year;

26 (B) during 2018, the utility shall conduct a

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1 solicitation process for purposes of requesting

2 proposals from third-party vendors for those

3 third-party energy efficiency programs to be offered

4 during one or more of the years commencing January 1,

5 2019, January 1, 2020, and January 1, 2021; for those

6 multi-year plans commencing on January 1, 2022 and

7 January 1, 2026, the utility shall conduct a

8 solicitation process during 2021 and 2025,

9 respectively, for purposes of requesting proposals

10 from third-party vendors for those third-party energy

11 efficiency programs to be offered during one or more

12 years of the respective multi-year plan period; for

13 each solicitation process, the utility shall identify

14 the sector, technology, or geographical area for which

15 it is seeking requests for proposals; the solicitation

16 process must be either for programs that fill gaps in

17 the utility's program portfolio and for programs that

18 target low-income customers, business sectors,

19 building types, geographies, or other specific parts

20 of its customer base with initiatives that would be

21 more effective at reaching these customer segments

22 than the utilities' programs filed in its energy

23 efficiency plans;

24 (C) the utility shall propose the bidder

25 qualifications, performance measurement process, and

26 contract structure, which must include a performance

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1 payment mechanism and general terms and conditions;

2 the proposed qualifications, process, and structure

3 shall be subject to Commission approval; and

4 (D) the utility shall retain an independent third

5 party to score the proposals received through the

6 solicitation process described in this paragraph (4),

7 rank them according to their cost per lifetime

8 kilowatt-hours saved, and assemble the portfolio of

9 third-party programs.

10 The electric utility shall recover all costs

11 associated with Commission-approved, third-party

12 administered programs regardless of the success of those

13 programs.

14 (4.5) Implement cost-effective demand-response

15 measures to reduce peak demand by 0.1% over the prior year

16 for eligible retail customers, as defined in Section

17 16-111.5 of this Act, and for customers that elect hourly

18 service from the utility pursuant to Section 16-107 of

19 this Act, provided those customers have not been declared

20 competitive. This requirement continues until December 31,

21 2026.

22 (5) Include a proposed or revised cost-recovery tariff

23 mechanism, as provided for under subsection (d) of this

24 Section, to fund the proposed energy efficiency and

25 demand-response measures and to ensure the recovery of the

26 prudently and reasonably incurred costs of

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1 Commission-approved programs.

2 (6) Provide for an annual independent evaluation of

3 the performance of the cost-effectiveness of the utility's

4 portfolio of measures, as well as a full review of the

5 multi-year plan results of the broader net program impacts

6 and, to the extent practical, for adjustment of the

7 measures on a going-forward basis as a result of the

8 evaluations. The resources dedicated to evaluation shall

9 not exceed 3% of portfolio resources in any given year.

10 (7) For electric utilities that serve more than

11 3,000,000 retail customers in the State:

12 (A) Through December 31, 2025, provide for an

13 adjustment to the return on equity component of the

14 utility's weighted average cost of capital calculated

15 under subsection (d) of this Section:

16 (i) If the independent evaluator determines

17 that the utility achieved a cumulative persisting

18 annual savings that is less than the applicable

19 annual incremental goal, then the return on equity

20 component shall be reduced by a maximum of 200

21 basis points in the event that the utility

22 achieved no more than 75% of such goal. If the

23 utility achieved more than 75% of the applicable

24 annual incremental goal but less than 100% of such

25 goal, then the return on equity component shall be

26 reduced by 8 basis points for each percent by

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1 which the utility failed to achieve the goal.

2 (ii) If the independent evaluator determines

3 that the utility achieved a cumulative persisting

4 annual savings that is more than the applicable

5 annual incremental goal, then the return on equity

6 component shall be increased by a maximum of 200

7 basis points in the event that the utility

8 achieved at least 125% of such goal. If the

9 utility achieved more than 100% of the applicable

10 annual incremental goal but less than 125% of such

11 goal, then the return on equity component shall be

12 increased by 8 basis points for each percent by

13 which the utility achieved above the goal. If the

14 applicable annual incremental goal was reduced

15 under paragraph ~~paragraphs~~ (1) or (2) of

16 subsection (f) of this Section, then the following

17 adjustments shall be made to the calculations

18 described in this item (ii):

19 (aa) the calculation for determining

20 achievement that is at least 125% of the

21 applicable annual incremental goal shall use

22 the unreduced applicable annual incremental

23 goal to set the value; and

24 (bb) the calculation for determining

25 achievement that is less than 125% but more

26 than 100% of the applicable annual incremental

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1 goal shall use the reduced applicable annual

2 incremental goal to set the value for 100%

3 achievement of the goal and shall use the

4 unreduced goal to set the value for 125%

5 achievement. The 8 basis point value shall

6 also be modified, as necessary, so that the

7 200 basis points are evenly apportioned among

8 each percentage point value between 100% and

9 125% achievement.

10 (B) For the period January 1, 2026 through

11 December 31, 2029 and in all subsequent 4-year

12 periods, provide for an adjustment to the return on

13 equity component of the utility's weighted average

14 cost of capital calculated under subsection (d) of

15 this Section:

16 (i) If the independent evaluator determines

17 that the utility achieved a cumulative persisting

18 annual savings that is less than the applicable

19 annual incremental goal, then the return on equity

20 component shall be reduced by a maximum of 200

21 basis points in the event that the utility

22 achieved no more than 66% of such goal. If the

23 utility achieved more than 66% of the applicable

24 annual incremental goal but less than 100% of such

25 goal, then the return on equity component shall be

26 reduced by 6 basis points for each percent by

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1 which the utility failed to achieve the goal.

2 (ii) If the independent evaluator determines

3 that the utility achieved a cumulative persisting

4 annual savings that is more than the applicable

5 annual incremental goal, then the return on equity

6 component shall be increased by a maximum of 200

7 basis points in the event that the utility

8 achieved at least 134% of such goal. If the

9 utility achieved more than 100% of the applicable

10 annual incremental goal but less than 134% of such

11 goal, then the return on equity component shall be

12 increased by 6 basis points for each percent by

13 which the utility achieved above the goal. If the

14 applicable annual incremental goal was reduced

15 under paragraph (3) of subsection (f) of this

16 Section, then the following adjustments shall be

17 made to the calculations described in this item

18 (ii):

19 (aa) the calculation for determining

20 achievement that is at least 134% of the

21 applicable annual incremental goal shall use

22 the unreduced applicable annual incremental

23 goal to set the value; and

24 (bb) the calculation for determining

25 achievement that is less than 134% but more

26 than 100% of the applicable annual incremental

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1 goal shall use the reduced applicable annual

2 incremental goal to set the value for 100%

3 achievement of the goal and shall use the

4 unreduced goal to set the value for 134%

5 achievement. The 6 basis point value shall

6 also be modified, as necessary, so that the

7 200 basis points are evenly apportioned among

8 each percentage point value between 100% and

9 134% achievement.

10 (C) Notwithstanding the provisions of

11 subparagraphs (A) and (B) of this paragraph (7), if

12 the applicable annual incremental goal for an electric

13 utility is ever less than 0.6% of deemed average

14 weather normalized sales of electric power and energy

15 during calendar years 2014, 2015, and 2016, an

16 adjustment to the return on equity component of the

17 utility's weighted average cost of capital calculated

18 under subsection (d) of this Section shall be made as

19 follows:

20 (i) If the independent evaluator determines

21 that the utility achieved a cumulative persisting

22 annual savings that is less than would have been

23 achieved had the applicable annual incremental

24 goal been achieved, then the return on equity

25 component shall be reduced by a maximum of 200

26 basis points if the utility achieved no more than

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1 75% of its applicable annual total savings

2 requirement as defined in paragraph (7.5) of this

3 subsection. If the utility achieved more than 75%

4 of the applicable annual total savings requirement

5 but less than 100% of such goal, then the return on

6 equity component shall be reduced by 8 basis

7 points for each percent by which the utility

8 failed to achieve the goal.

9 (ii) If the independent evaluator determines

10 that the utility achieved a cumulative persisting

11 annual savings that is more than would have been

12 achieved had the applicable annual incremental

13 goal been achieved, then the return on equity

14 component shall be increased by a maximum of 200

15 basis points if the utility achieved at least 125%

16 of its applicable annual total savings

17 requirement. If the utility achieved more than

18 100% of the applicable annual total savings

19 requirement but less than 125% of such goal, then

20 the return on equity component shall be increased

21 by 8 basis points for each percent by which the

22 utility achieved above the applicable annual total

23 savings requirement. If the applicable annual

24 incremental goal was reduced under paragraph (1)

25 or (2) of subsection (f) of this Section, then the

26 following adjustments shall be made to the

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1 calculations described in this item (ii):

2 (aa) the calculation for determining

3 achievement that is at least 125% of the

4 applicable annual total savings requirement

5 shall use the unreduced applicable annual

6 incremental goal to set the value; and

7 (bb) the calculation for determining

8 achievement that is less than 125% but more

9 than 100% of the applicable annual total

10 savings requirement shall use the reduced

11 applicable annual incremental goal to set the

12 value for 100% achievement of the goal and

13 shall use the unreduced goal to set the value

14 for 125% achievement. The 8 basis point value

15 shall also be modified, as necessary, so that

16 the 200 basis points are evenly apportioned

17 among each percentage point value between 100%

18 and 125% achievement.

19 (7.5) For purposes of this Section, the term

20 "applicable annual incremental goal" means the difference

21 between the cumulative persisting annual savings goal for

22 the calendar year that is the subject of the independent

23 evaluator's determination and the cumulative persisting

24 annual savings goal for the immediately preceding calendar

25 year, as such goals are defined in subsections (b-5) and

26 (b-15) of this Section and as these goals may have been

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1 modified as provided for under subsection (b-20) and

2 paragraphs (1) through (3) of subsection (f) of this

3 Section. Under subsections (b), (b-5), (b-10), and (b-15)

4 of this Section, a utility must first replace energy

5 savings from measures that have expired before any

6 progress towards achievement of its applicable annual

7 incremental goal may be counted. Savings may expire

8 because measures installed in previous years have reached

9 the end of their lives, because measures installed in

10 previous years are producing lower savings in the current

11 year than in the previous year, or for other reasons

12 identified by independent evaluators. Notwithstanding

13 anything else set forth in this Section, the difference

14 between the actual annual incremental savings achieved in

15 any given year, including the replacement of energy

16 savings that have expired, and the applicable annual

17 incremental goal shall not affect adjustments to the

18 return on equity for subsequent calendar years under this

19 subsection (g).

20 In this Section, "applicable annual total savings

21 requirement" means the total amount of new annual savings

22 that the utility must achieve in any given year to achieve

23 the applicable annual incremental goal. This is equal to

24 the applicable annual incremental goal plus the total new

25 annual savings that are required to replace savings that

26 expired in or at the end of the previous year.

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1 (8) For electric utilities that serve less than

2 3,000,000 retail customers but more than 500,000 retail

3 customers in the State:

4 (A) Through December 31, 2025, the applicable

5 annual incremental goal shall be compared to the

6 annual incremental savings as determined by the

7 independent evaluator.

8 (i) The return on equity component shall be

9 reduced by 8 basis points for each percent by

10 which the utility did not achieve 84.4% of the

11 applicable annual incremental goal.

12 (ii) The return on equity component shall be

13 increased by 8 basis points for each percent by

14 which the utility exceeded 100% of the applicable

15 annual incremental goal.

16 (iii) The return on equity component shall not

17 be increased or decreased if the annual

18 incremental savings as determined by the

19 independent evaluator is greater than 84.4% of the

20 applicable annual incremental goal and less than

21 100% of the applicable annual incremental goal.

22 (iv) The return on equity component shall not

23 be increased or decreased by an amount greater

24 than 200 basis points pursuant to this

25 subparagraph (A).

26 (B) For the period of January 1, 2026 through

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1 December 31, 2029 and in all subsequent 4-year

2 periods, the applicable annual incremental goal shall

3 be compared to the annual incremental savings as

4 determined by the independent evaluator.

5 (i) The return on equity component shall be

6 reduced by 6 basis points for each percent by

7 which the utility did not achieve 100% of the

8 applicable annual incremental goal.

9 (ii) The return on equity component shall be

10 increased by 6 basis points for each percent by

11 which the utility exceeded 100% of the applicable

12 annual incremental goal.

13 (iii) The return on equity component shall not

14 be increased or decreased by an amount greater

15 than 200 basis points pursuant to this

16 subparagraph (B).

17 (C) Notwithstanding provisions in subparagraphs

18 (A) and (B) of paragraph (7) of this subsection, if the

19 applicable annual incremental goal for an electric

20 utility is ever less than 0.6% of deemed average

21 weather normalized sales of electric power and energy

22 during calendar years 2014, 2015 and 2016, an

23 adjustment to the return on equity component of the

24 utility's weighted average cost of capital calculated

25 under subsection (d) of this Section shall be made as

26 follows:

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1 (i) The return on equity component shall be

2 reduced by 8 basis points for each percent by

3 which the utility did not achieve 100% of the

4 applicable annual total savings requirement.

5 (ii) The return on equity component shall be

6 increased by 8 basis points for each percent by

7 which the utility exceeded 100% of the applicable

8 annual total savings requirement.

9 (iii) The return on equity component shall not

10 be increased or decreased by an amount greater

11 than 200 basis points pursuant to this

12 subparagraph (C).

13 (D) If the applicable annual incremental goal was

14 reduced under paragraph (1), (2), (3), or (4) of

15 subsection (f) of this Section, then the following

16 adjustments shall be made to the calculations

17 described in subparagraphs (A), (B), and (C) of this

18 paragraph (8):

19 (i) The calculation for determining

20 achievement that is at least 125% or 134%, as

21 applicable, of the applicable annual incremental

22 goal or the applicable annual total savings

23 requirement, as applicable, shall use the

24 unreduced applicable annual incremental goal to

25 set the value.

26 (ii) For the period through December 31, 2025,

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1 the calculation for determining achievement that

2 is less than 125% but more than 100% of the

3 applicable annual incremental goal or the

4 applicable annual total savings requirement, as

5 applicable, shall use the reduced applicable

6 annual incremental goal to set the value for 100%

7 achievement of the goal and shall use the

8 unreduced goal to set the value for 125%

9 achievement. The 8 basis point value shall also be

10 modified, as necessary, so that the 200 basis

11 points are evenly apportioned among each

12 percentage point value between 100% and 125%

13 achievement.

14 (iii) For the period of January 1, 2026

15 through December 31, 2029 and all subsequent

16 4-year periods, the calculation for determining

17 achievement that is less than 125% or 134%, as

18 applicable, but more than 100% of the applicable

19 annual incremental goal or the applicable annual

20 total savings requirement, as applicable, shall

21 use the reduced applicable annual incremental goal

22 to set the value for 100% achievement of the goal

23 and shall use the unreduced goal to set the value

24 for 125% achievement. The 6 basis-point value or 8

25 basis-point value, as applicable, shall also be

26 modified, as necessary, so that the 200 basis

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1 points are evenly apportioned among each

2 percentage point value between 100% and 125% or

3 between 100% and 134% achievement, as applicable.

4 (9) The utility shall submit the energy savings data

5 to the independent evaluator no later than 30 days after

6 the close of the plan year. The independent evaluator

7 shall determine the cumulative persisting annual savings

8 for a given plan year, as well as an estimate of job

9 impacts and other macroeconomic impacts of the efficiency

10 programs for that year, no later than 120 days after the

11 close of the plan year. The utility shall submit an

12 informational filing to the Commission no later than 160

13 days after the close of the plan year that attaches the

14 independent evaluator's final report identifying the

15 cumulative persisting annual savings for the year and

16 calculates, under paragraph (7) or (8) of this subsection

17 (g), as applicable, any resulting change to the utility's

18 return on equity component of the weighted average cost of

19 capital applicable to the next plan year beginning with

20 the January monthly billing period and extending through

21 the December monthly billing period. However, if the

22 utility recovers the costs incurred under this Section

23 under paragraphs (2) and (3) of subsection (d) of this

24 Section, then the utility shall not be required to submit

25 such informational filing, and shall instead submit the

26 information that would otherwise be included in the

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1 informational filing as part of its filing under paragraph

2 (3) of such subsection (d) that is due on or before June 1

3 of each year.

4 For those utilities that must submit the informational

5 filing, the Commission may, on its own motion or by

6 petition, initiate an investigation of such filing,

7 provided, however, that the utility's proposed return on

8 equity calculation shall be deemed the final, approved

9 calculation on December 15 of the year in which it is filed

10 unless the Commission enters an order on or before

11 December 15, after notice and hearing, that modifies such

12 calculation consistent with this Section.

13 The adjustments to the return on equity component

14 described in paragraphs (7) and (8) of this subsection (g)

15 shall be applied as described in such paragraphs through a

16 separate tariff mechanism, which shall be filed by the

17 utility under subsections (f) and (g) of this Section.

18 (9.5) The utility must demonstrate how it will ensure

19 that program implementation contractors and energy

20 efficiency installation vendors will promote workforce

21 equity and quality jobs.

22 (9.6) Utilities shall collect data necessary to ensure

23 compliance with paragraph (9.5) no less than quarterly and

24 shall communicate progress toward compliance with

25 paragraph (9.5) to program implementation contractors and

26 energy efficiency installation vendors no less than

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1 quarterly. Utilities shall work with relevant vendors,

2 providing education, training, and other resources needed

3 to ensure compliance and, where necessary, adjusting or

4 terminating work with vendors that cannot assist with

5 compliance.

6 (10) Utilities required to implement efficiency

7 programs under subsections (b-5) and (b-10) shall report

8 annually to the Illinois Commerce Commission and the

9 General Assembly on how hiring, contracting, job training,

10 and other practices related to its energy efficiency

11 programs enhance the diversity of vendors working on such

12 programs. These reports must include data on vendor and

13 employee diversity, including data on the implementation

14 of paragraphs (9.5) and (9.6). If the utility is not

15 meeting the requirements of paragraphs (9.5) and (9.6),

16 the utility shall submit a plan to adjust their activities

17 so that they meet the requirements of paragraphs (9.5) and

18 (9.6) within the following year.

19 (h) No more than 4% of energy efficiency and

20 demand-response program revenue may be allocated for research,

21 development, or pilot deployment of new equipment or measures.

22 Electric utilities shall work with interested stakeholders to

23 formulate a plan for how these funds should be spent,

24 incorporate statewide approaches for these allocations, and

25 file a 4-year plan that demonstrates that collaboration. If a

26 utility files a request for modified annual energy savings

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1 goals with the Commission, then a utility shall forgo spending

2 portfolio dollars on research and development proposals.

3 (i) When practicable, electric utilities shall incorporate

4 advanced metering infrastructure data into the planning,

5 implementation, and evaluation of energy efficiency measures

6 and programs, subject to the data privacy and confidentiality

7 protections of applicable law.

8 (j) The independent evaluator shall follow the guidelines

9 and use the savings set forth in Commission-approved energy

10 efficiency policy manuals and technical reference manuals, as

11 each may be updated from time to time. Until such time as

12 measure life values for energy efficiency measures implemented

13 for low-income households under subsection (c) of this Section

14 are incorporated into such Commission-approved manuals, the

15 low-income measures shall have the same measure life values

16 that are established for same measures implemented in

17 households that are not low-income households.

18 (k) Notwithstanding any provision of law to the contrary,

19 an electric utility subject to the requirements of this

20 Section may file a tariff cancelling an automatic adjustment

21 clause tariff in effect under this Section or Section 8-103,

22 which shall take effect no later than one business day after

23 the date such tariff is filed. Thereafter, the utility shall

24 be authorized to defer and recover its expenditures incurred

25 under this Section through a new tariff authorized under

26 subsection (d) of this Section or in the utility's next rate

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1 case under Article IX or Section 16-108.5 of this Act, with

2 interest at an annual rate equal to the utility's weighted

3 average cost of capital as approved by the Commission in such

4 case. If the utility elects to file a new tariff under

5 subsection (d) of this Section, the utility may file the

6 tariff within 10 days after June 1, 2017 (the effective date of

7 Public Act 99-906), and the cost inputs to such tariff shall be

8 based on the projected costs to be incurred by the utility

9 during the calendar year in which the new tariff is filed and

10 that were not recovered under the tariff that was cancelled as

11 provided for in this subsection. Such costs shall include

12 those incurred or to be incurred by the utility under its

13 multi-year plan approved under subsections (f) and (g) of this

14 Section, including, but not limited to, projected capital

15 investment costs and projected regulatory asset balances with

16 correspondingly updated depreciation and amortization reserves

17 and expense. The Commission shall, after notice and hearing,

18 approve, or approve with modification, such tariff and cost

19 inputs no later than 75 days after the utility filed the

20 tariff, provided that such approval, or approval with

21 modification, shall be consistent with the provisions of this

22 Section to the extent they do not conflict with this

23 subsection (k). The tariff approved by the Commission shall

24 take effect no later than 5 days after the Commission enters

25 its order approving the tariff.

26 No later than 60 days after the effective date of the

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1 tariff cancelling the utility's automatic adjustment clause

2 tariff, the utility shall file a reconciliation that

3 reconciles the moneys collected under its automatic adjustment

4 clause tariff with the costs incurred during the period

5 beginning June 1, 2016 and ending on the date that the electric

6 utility's automatic adjustment clause tariff was cancelled. In

7 the event the reconciliation reflects an under-collection, the

8 utility shall recover the costs as specified in this

9 subsection (k). If the reconciliation reflects an

10 over-collection, the utility shall apply the amount of such

11 over-collection as a one-time credit to retail customers'

12 bills.

13 (l) For the calendar years covered by a multi-year plan

14 commencing after December 31, 2017, subsections (a) through

15 (j) of this Section do not apply to eligible large private

16 energy customers that have chosen to opt out of multi-year

17 plans consistent with this subsection (1).

18 (1) For purposes of this subsection (l), "eligible

19 large private energy customer" means any retail customers,

20 except for federal, State, municipal, and other public

21 customers, of an electric utility that serves more than

22 3,000,000 retail customers, except for federal, State,

23 municipal and other public customers, in the State and

24 whose total highest 30 minute demand was more than 10,000

25 kilowatts, or any retail customers of an electric utility

26 that serves less than 3,000,000 retail customers but more

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1 than 500,000 retail customers in the State and whose total

2 highest 15 minute demand was more than 10,000 kilowatts.

3 For purposes of this subsection (l), "retail customer" has

4 the meaning set forth in Section 16-102 of this Act.

5 However, for a business entity with multiple sites located

6 in the State, where at least one of those sites qualifies

7 as an eligible large private energy customer, then any of

8 that business entity's sites, properly identified on a

9 form for notice, shall be considered eligible large

10 private energy customers for the purposes of this

11 subsection (l). A determination of whether this subsection

12 is applicable to a customer shall be made for each

13 multi-year plan beginning after December 31, 2017. The

14 criteria for determining whether this subsection (l) is

15 applicable to a retail customer shall be based on the 12

16 consecutive billing periods prior to the start of the

17 first year of each such multi-year plan.

18 (2) Within 45 days after September 15, 2021 (the

19 effective date of Public Act 102-662) ~~this amendatory Act~~

20 ~~of the 102nd General Assembly~~, the Commission shall

21 prescribe the form for notice required for opting out of

22 energy efficiency programs. The notice must be submitted

23 to the retail electric utility 12 months before the next

24 energy efficiency planning cycle. However, within 120 days

25 after the Commission's initial issuance of the form for

26 notice, eligible large private energy customers may submit

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1 a form for notice to an electric utility. The form for

2 notice for opting out of energy efficiency programs shall

3 include all of the following:

4 (A) a statement indicating that the customer has

5 elected to opt out;

6 (B) the account numbers for the customer accounts

7 to which the opt out shall apply;

8 (C) the mailing address associated with the

9 customer accounts identified under subparagraph (B);

10 (D) an American Society of Heating, Refrigerating,

11 and Air-Conditioning Engineers (ASHRAE) level 2 or

12 higher audit report conducted by an independent

13 third-party expert identifying cost-effective energy

14 efficiency project opportunities that could be

15 invested in over the next 10 years. A retail customer

16 with specialized processes may utilize a self-audit

17 process in lieu of the ASHRAE audit;

18 (E) a description of the customer's plans to

19 reallocate the funds toward internal energy efficiency

20 efforts identified in the subparagraph (D) report,

21 including, but not limited to: (i) strategic energy

22 management or other programs, including descriptions

23 of targeted buildings, equipment and operations; (ii)

24 eligible energy efficiency measures; and (iii)

25 expected energy savings, itemized by technology. If

26 the subparagraph (D) audit report identifies that the

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1 customer currently utilizes the best available energy

2 efficient technology, equipment, programs, and

3 operations, the customer may provide a statement that

4 more efficient technology, equipment, programs, and

5 operations are not reasonably available as a means of

6 satisfying this subparagraph (E); and

7 (F) the effective date of the opt out, which will

8 be the next January 1 following notice of the opt out.

9 (3) Upon receipt of a properly and timely noticed

10 request for opt out submitted by an eligible large private

11 energy customer, the retail electric utility shall grant

12 the request, file the request with the Commission and,

13 beginning January 1 of the following year, the opted out

14 customer shall no longer be assessed the costs of the plan

15 and shall be prohibited from participating in that 4-year

16 plan cycle to give the retail utility the certainty to

17 design program plan proposals.

18 (4) Upon a customer's election to opt out under

19 paragraphs (1) and (2) of this subsection (l) and

20 commencing on the effective date of said opt out, the

21 account properly identified in the customer's notice under

22 paragraph (2) shall not be subject to any cost recovery

23 and shall not be eligible to participate in, or directly

24 benefit from, compliance with energy efficiency cumulative

25 persisting savings requirements under subsections (a)

26 through (j).

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1 (5) A utility's cumulative persisting annual savings

2 targets will exclude any opted out load.

3 (6) The request to opt out is only valid for the

4 requested plan cycle. An eligible large private energy

5 customer must also request to opt out for future energy

6 plan cycles, otherwise the customer will be included in

7 the future energy plan cycle.

8 (m) Notwithstanding the requirements of this Section, as

9 part of a proceeding to approve a multi-year plan under

10 subsections (f) and (g) of this Section if the multi-year plan

11 has been designed to maximize savings, but does not meet the

12 cost cap limitations of this Section, the Commission shall

13 reduce the amount of energy efficiency measures implemented

14 for any single year, and whose costs are recovered under

15 subsection (d) of this Section, by an amount necessary to

16 limit the estimated average net increase due to the cost of the

17 measures to no more than

18 (1) 3.5% for each of the 4 years beginning January 1,

19 2018,

20 (2) (blank),

21 (3) 4% for each of the 4 years beginning January 1,

22 2022,

23 (4) 4.25% for the 4 years beginning January 1, 2026,

24 and

25 (5) 4.25% plus an increase sufficient to account for

26 the rate of inflation between January 1, 2026 and January

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1 1 of the first year of each subsequent 4-year plan cycle,

2 of the average amount paid per kilowatthour by residential

3 eligible retail customers during calendar year 2015. An

4 electric utility may plan to spend up to 10% more in any year

5 during an applicable multi-year plan period to

6 cost-effectively achieve additional savings so long as the

7 average over the applicable multi-year plan period does not

8 exceed the percentages defined in items (1) through (5). To

9 determine the total amount that may be spent by an electric

10 utility in any single year, the applicable percentage of the

11 average amount paid per kilowatthour shall be multiplied by

12 the total amount of energy delivered by such electric utility

13 in the calendar year 2015, adjusted to reflect the proportion

14 of the utility's load attributable to customers that have

15 opted out of subsections (a) through (j) of this Section under

16 subsection (l) of this Section. For purposes of this

17 subsection (m), the amount paid per kilowatthour includes,

18 without limitation, estimated amounts paid for supply,

19 transmission, distribution, surcharges, and add-on taxes. For

20 purposes of this Section, "eligible retail customers" shall

21 have the meaning set forth in Section 16-111.5 of this Act.

22 Once the Commission has approved a plan under subsections (f)

23 and (g) of this Section, no subsequent rate impact

24 determinations shall be made.

25 (n) A utility shall take advantage of the efficiencies

26 available through existing Illinois Home Weatherization

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1 Assistance Program infrastructure and services, such as

2 enrollment, marketing, quality assurance and implementation,

3 which can reduce the need for similar services at a lower cost

4 than utility-only programs, subject to capacity constraints at

5 community action agencies, for both single-family and

6 multifamily weatherization services, to the extent Illinois

7 Home Weatherization Assistance Program community action

8 agencies provide multifamily services. A utility's plan shall

9 demonstrate that in formulating annual weatherization budgets,

10 it has sought input and coordination with community action

11 agencies regarding agencies' capacity to expand and maximize

12 Illinois Home Weatherization Assistance Program delivery using

13 the ratepayer dollars collected under this Section.

14 (Source: P.A. 101-81, eff. 7-12-19; 102-662, eff. 9-15-21;

15 revised 2-28-22.)

16 Section 180. The Child Care Act of 1969 is amended by

17 changing Sections 2.09, 2.11, 2.18, 2.20, 3, 4.5, 5, 5.1, 5.3,

18 5.5, 5.6, 5.8, 5.9, 5.10, 5.11, 6, 7, 7.10, 9.1c, 9.2, and 12

19 as follows:

20 (225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)

21 Sec. 2.09. "Child ~~Day~~ care center" means any child care

22 facility which regularly provideschild ~~day~~ care for less than

23 24 hours per day for (1) more than 8 children in a family home,

24 or (2) more than 3 children in a facility other than a family

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1 home, including senior citizen buildings.

2 The term does not include:

3 (a) programs operated by (i) public or private

4 elementary school systems or secondary level school units

5 or institutions of higher learning that serve children who

6 shall have attained the age of 3 years or (ii) private

7 entities on the grounds of public or private elementary or

8 secondary schools and that serve children who have

9 attained the age of 3 years, except that this exception

10 applies only to the facility and not to the private

11 entities' personnel operating the program;

12 (b) programs or that portion of the program which

13 serves children who shall have attained the age of 3 years

14 and which are recognized by the State Board of Education;

15 (c) educational program or programs serving children

16 who shall have attained the age of 3 years and which are

17 operated by a school which is registered with the State

18 Board of Education and which is recognized or accredited

19 by a recognized national or multistate educational

20 organization or association which regularly recognizes or

21 accredits schools;

22 (d) programs which exclusively serve or that portion

23 of the program which serves children with disabilities who

24 shall have attained the age of 3 years but are less than 21

25 years of age and which are registered and approved as

26 meeting standards of the State Board of Education and

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1 applicable fire marshal standards;

2 (e) facilities operated in connection with a shopping

3 center or service, religious services, or other similar

4 facility, where transient children are cared for

5 temporarily while parents or custodians of the children

6 are occupied on the premises and readily available;

7 (f) any type of child ~~day~~care center that is

8 conducted on federal government premises;

9 (g) special activities programs, including athletics,

10 crafts instruction, and similar activities conducted on an

11 organized and periodic basis by civic, charitable and

12 governmental organizations;

13 (h) part day child care facilities, as defined in

14 Section 2.10 of this Act;

15 (i) programs or that portion of the program which:

16 (1) serves children who shall have attained the

17 age of 3 years;

18 (2) is operated by churches or religious

19 institutions as described in Section 501(c)(3) of the

20 federal Internal Revenue Code;

21 (3) receives no governmental aid;

22 (4) is operated as a component of a religious,

23 nonprofit elementary school;

24 (5) operates primarily to provide religious

25 education; and

26 (6) meets appropriate State or local health and

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1 fire safety standards; or

2 (j) programs or portions of programs that:

3 (1) serve only school-age children and youth

4 (defined as full-time kindergarten children, as

5 defined in 89 Ill. Adm. Code 407.45, or older);

6 (2) are organized to promote childhood learning,

7 child and youth development, educational or

8 recreational activities, or character-building;

9 (3) operate primarily during out-of-school time or

10 at times when school is not normally in session;

11 (4) comply with the standards of the Illinois

12 Department of Public Health (77 Ill. Adm. Code 750) or

13 the local health department, the Illinois State Fire

14 Marshal (41 Ill. Adm. Code 100), and the following

15 additional health and safety requirements: procedures

16 for employee and volunteer emergency preparedness and

17 practice drills; procedures to ensure that first aid

18 kits are maintained and ready to use; the placement of

19 a minimum level of liability insurance as determined

20 by the Department; procedures for the availability of

21 a working telephone that is onsite and accessible at

22 all times; procedures to ensure that emergency phone

23 numbers are posted onsite; and a restriction on

24 handgun or weapon possession onsite, except if

25 possessed by a peace officer;

26 (5) perform and maintain authorization and results

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1 of criminal history checks through the Illinois State

2 Police and FBI and checks of the Illinois Sex Offender

3 Registry, the National Sex Offender Registry, and

4 Child Abuse and Neglect Tracking System for employees

5 and volunteers who work directly with children;

6 (6) make hiring decisions in accordance with the

7 prohibitions against barrier crimes as specified in

8 Section 4.2 of this Act or in Section 21B-80 of the

9 School Code;

10 (7) provide parents with written disclosure that

11 the operations of the program are not regulated by

12 licensing requirements; and

13 (8) obtain and maintain records showing the first

14 and last name and date of birth of the child, name,

15 address, and telephone number of each parent,

16 emergency contact information, and written

17 authorization for medical care.

18 Programs or portions of programs requesting Child Care

19 Assistance Program (CCAP) funding and otherwise meeting the

20 requirements under item (j) shall request exemption from the

21 Department and be determined exempt prior to receiving funding

22 and must annually meet the eligibility requirements and be

23 appropriate for payment under the CCAP.

24 Programs or portions of programs under item (j) that do

25 not receive State or federal funds must comply with staff

26 qualification and training standards established by rule by

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1 the Department of Human Services. The Department of Human

2 Services shall set such standards after review of Afterschool

3 for Children and Teens Now (ACT Now) evidence-based quality

4 standards developed for school-age out-of-school time

5 programs, feedback from the school-age out-of-school time

6 program professionals, and review of out-of-school time

7 professional development frameworks and quality tools.

8 Out-of-school time programs for school-age youth that

9 receive State or federal funds must comply with only those

10 staff qualifications and training standards set for the

11 program by the State or federal entity issuing the funds.

12 For purposes of items (a), (b), (c), (d), and (i) of this

13 Section, "children who shall have attained the age of 3 years"

14 shall mean children who are 3 years of age, but less than 4

15 years of age, at the time of enrollment in the program.

16 (Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16;

17 100-201, eff. 8-18-17.)

18 (225 ILCS 10/2.11) (from Ch. 23, par. 2212.11)

19 Sec. 2.11. "Child ~~Day~~ care agency" means any person, group

20 of persons, public or private agency, association or

21 organization which undertakes to provide one or morechild ~~day~~

22 care homes with administrative services including, but not

23 limited to, consultation, technical assistance, training,

24 supervision, evaluation and provision of or referral to health

25 and social services under contractual arrangement.

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1 (Source: P.A. 83-126.)

2 (225 ILCS 10/2.18) (from Ch. 23, par. 2212.18)

3 Sec. 2.18. "Child ~~Day~~ care homes" means family homes which

4 receive more than 3 up to a maximum of 12 children for less

5 than 24 hours per day. The number counted includes the

6 family's natural or adopted children and all other persons

7 under the age of 12. The term does not include facilities which

8 receive only children from a single household.

9 (Source: P.A. 87-674.)

10 (225 ILCS 10/2.20) (from Ch. 23, par. 2212.20)

11 Sec. 2.20. "Group child ~~day~~ care home" means a family home

12 which receives more than 3 up to a maximum of 16 children for

13 less than 24 hours per day. The number counted includes the

14 family's natural or adopted children and all other persons

15 under the age of 12.

16 (Source: P.A. 87-675)

17 (225 ILCS 10/3) (from Ch. 23, par. 2213)

18 Sec. 3. (a) No person, group of persons or corporation may

19 operate or conduct any facility for child care, as defined in

20 this Act, without a license or permit issued by the Department

21 or without being approved by the Department as meeting the

22 standards established for such licensing, with the exception

23 of facilities for whom standards are established by the

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1 Department of Corrections under Section 3-15-2 of the Unified

2 Code of Corrections and with the exception of facilities

3 defined in Section 2.10 of this Act, and with the exception of

4 programs or facilities licensed by the Department of Human

5 Services under the Substance Use Disorder Act.

6 (b) No part day child care facility as described in

7 Section 2.10 may operate without written notification to the

8 Department or without complying with Section 7.1. Notification

9 shall include a notarized statement by the facility that the

10 facility complies with state or local health standards and

11 state fire safety standards, and shall be filed with the

12 department every 2 years.

13 (c) The Director of the Department shall establish

14 policies and coordinate activities relating to child care

15 licensing, licensing of child ~~day~~care homes andchild ~~day~~

16 care centers.

17 (d) Any facility or agency which is exempt from licensing

18 may apply for licensing if licensing is required for some

19 government benefit.

20 (e) A provider of child ~~day~~ care described in items (a)

21 through (j) of Section 2.09 of this Act is exempt from

22 licensure. The Department shall provide written verification

23 of exemption and description of compliance with standards for

24 the health, safety, and development of the children who

25 receive the services upon submission by the provider of, in

26 addition to any other documentation required by the

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1 Department, a notarized statement that the facility complies

2 with: (1) the standards of the Department of Public Health or

3 local health department, (2) the fire safety standards of the

4 State Fire Marshal, and (3) if operated in a public school

5 building, the health and safety standards of the State Board

6 of Education.

7 (Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19.)

8 (225 ILCS 10/4.5)

9 Sec. 4.5. Children with disabilities; training.

10 (a) An owner or operator of a licensed child ~~day~~ care home

11 or group child ~~day~~care home or the onsite executive director

12 of a licensed child ~~day~~care center must successfully complete

13 a basic training course in providing care to children with

14 disabilities. The basic training course will also be made

15 available on a voluntary basis to those providers who are

16 exempt from the licensure requirements of this Act.

17 (b) The Department of Children and Family Services shall

18 promulgate rules establishing the requirements for basic

19 training in providing care to children with disabilities.

20 (Source: P.A. 92-164, eff. 1-1-02.)

21 (225 ILCS 10/5) (from Ch. 23, par. 2215)

22 Sec. 5. (a) In respect to child care institutions,

23 maternity centers, child welfare agencies,child ~~day~~ care

24 centers, child ~~day~~care agencies and group homes, the

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1 Department, upon receiving application filed in proper order,

2 shall examine the facilities and persons responsible for care

3 of children therein.

4 (b) In respect to foster family and child ~~day~~ care homes,

5 applications may be filed on behalf of such homes by a licensed

6 child welfare agency, by a State agency authorized to place

7 children in foster care or by out-of-State agencies approved

8 by the Department to place children in this State. In respect

9 to child ~~day~~care homes, applications may be filed on behalf of

10 such homes by a licensed child ~~day~~ care agency or licensed

11 child welfare agency. In applying for license in behalf of a

12 home in which children are placed by and remain under

13 supervision of the applicant agency, such agency shall certify

14 that the home and persons responsible for care of unrelated

15 children therein, or the home and relatives, as defined in

16 Section 2.17 of this Act, responsible for the care of related

17 children therein, were found to be in reasonable compliance

18 with standards prescribed by the Department for the type of

19 care indicated.

20 (c) The Department shall not allow any person to examine

21 facilities under a provision of this Act who has not passed an

22 examination demonstrating that such person is familiar with

23 this Act and with the appropriate standards and regulations of

24 the Department.

25 (d) With the exception of child ~~day~~ care centers, child

26 ~~day~~ care homes, and group child ~~day~~care homes, licenses shall

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1 be issued in such form and manner as prescribed by the

2 Department and are valid for 4 years from the date issued,

3 unless revoked by the Department or voluntarily surrendered by

4 the licensee. Licenses issued forchild ~~day~~ care centers,

5 child ~~day~~ care homes, and group child ~~day~~care homes shall be

6 valid for 3 years from the date issued, unless revoked by the

7 Department or voluntarily surrendered by the licensee. When a

8 licensee has made timely and sufficient application for the

9 renewal of a license or a new license with reference to any

10 activity of a continuing nature, the existing license shall

11 continue in full force and effect for up to 30 days until the

12 final agency decision on the application has been made. The

13 Department may further extend the period in which such

14 decision must be made in individual cases for up to 30 days,

15 but such extensions shall be only upon good cause shown.

16 (e) The Department may issue one 6-month permit to a newly

17 established facility for child care to allow that facility

18 reasonable time to become eligible for a full license. If the

19 facility for child care is a foster family home, orchild ~~day~~

20 care home the Department may issue one 2-month permit only.

21 (f) The Department may issue an emergency permit to a

22 child care facility taking in children as a result of the

23 temporary closure for more than 2 weeks of a licensed child

24 care facility due to a natural disaster. An emergency permit

25 under this subsection shall be issued to a facility only if the

26 persons providing child care services at the facility were

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1 employees of the temporarily closed child ~~day~~ care center at

2 the time it was closed. No investigation of an employee of a

3 child care facility receiving an emergency permit under this

4 subsection shall be required if that employee has previously

5 been investigated at another child care facility. No emergency

6 permit issued under this subsection shall be valid for more

7 than 90 days after the date of issuance.

8 (g) During the hours of operation of any licensed child

9 care facility, authorized representatives of the Department

10 may without notice visit the facility for the purpose of

11 determining its continuing compliance with this Act or

12 regulations adopted pursuant thereto.

13 (h) Child ~~Day~~ care centers, child ~~day~~ care homes, and

14 group child ~~day~~care homes shall be monitored at least

15 annually by a licensing representative from the Department or

16 the agency that recommended licensure.

17 (Source: P.A. 98-804, eff. 1-1-15.)

18 (225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)

19 (Text of Section before amendment by P.A. 102-982)

20 Sec. 5.1. (a) The Department shall ensure that no child

21 ~~day~~care center, group home or child care institution as

22 defined in this Act shall on a regular basis transport a child

23 or children with any motor vehicle unless such vehicle is

24 operated by a person who complies with the following

25 requirements:

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1 1. is 21 years of age or older;

2 2. currently holds a valid driver's license, which has

3 not been revoked or suspended for one or more traffic

4 violations during the 3 years immediately prior to the

5 date of application;

6 3. demonstrates physical fitness to operate vehicles

7 by submitting the results of a medical examination

8 conducted by a licensed physician;

9 4. has not been convicted of more than 2 offenses

10 against traffic regulations governing the movement of

11 vehicles within a twelve month period;

12 5. has not been convicted of reckless driving or

13 driving under the influence or manslaughter or reckless

14 homicide resulting from the operation of a motor vehicle

15 within the past 3 years;

16 6. has signed and submitted a written statement

17 certifying that he has not, through the unlawful operation

18 of a motor vehicle, caused an accident which resulted in

19 the death of any person within the 5 years immediately

20 prior to the date of application.

21 However, such child ~~day~~ care centers, group homes and

22 child care institutions may provide for transportation of a

23 child or children for special outings, functions or purposes

24 that are not scheduled on a regular basis without verification

25 that drivers for such purposes meet the requirements of this

26 Section.

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1 (a-5) As a means of ensuring compliance with the

2 requirements set forth in subsection (a), the Department shall

3 implement appropriate measures to verify that every individual

4 who is employed at a group home or child care institution meets

5 those requirements.

6 For every individual employed at a group home or child

7 care institution who regularly transports children in the

8 course of performing his or her duties, the Department must

9 make the verification every 2 years. Upon the Department's

10 request, the Secretary of State shall provide the Department

11 with the information necessary to enable the Department to

12 make the verifications required under subsection (a).

13 In the case of an individual employed at a group home or

14 child care institution who becomes subject to subsection (a)

15 for the first time after the effective date of this amendatory

16 Act of the 94th General Assembly, the Department must make

17 that verification with the Secretary of State before the

18 individual operates a motor vehicle to transport a child or

19 children under the circumstances described in subsection (a).

20 In the case of an individual employed at a group home or

21 child care institution who is subject to subsection (a) on the

22 effective date of this amendatory Act of the 94th General

23 Assembly, the Department must make that verification with the

24 Secretary of State within 30 days after that effective date.

25 If the Department discovers that an individual fails to

26 meet the requirements set forth in subsection (a), the

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1 Department shall promptly notify the appropriate group home or

2 child care institution.

3 (b) Any individual who holds a valid Illinois school bus

4 driver permit issued by the Secretary of State pursuant to The

5 Illinois Vehicle Code, and who is currently employed by a

6 school district or parochial school, or by a contractor with a

7 school district or parochial school, to drive a school bus

8 transporting children to and from school, shall be deemed in

9 compliance with the requirements of subsection (a).

10 (c) The Department may, pursuant to Section 8 of this Act,

11 revoke the license of anychild ~~day~~ care center, group home or

12 child care institution that fails to meet the requirements of

13 this Section.

14 (d) A group home or child care institution that fails to

15 meet the requirements of this Section is guilty of a petty

16 offense and is subject to a fine of not more than $1,000. Each

17 day that a group home or child care institution fails to meet

18 the requirements of this Section is a separate offense.

19 (Source: P.A. 94-943, eff. 1-1-07.)

20 (Text of Section after amendment by P.A. 102-982)

21 Sec. 5.1. (a) The Department shall ensure that no child

22 ~~day~~care center, group home or child care institution as

23 defined in this Act shall on a regular basis transport a child

24 or children with any motor vehicle unless such vehicle is

25 operated by a person who complies with the following

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1 requirements:

2 1. is 21 years of age or older;

3 2. currently holds a valid driver's license, which has

4 not been revoked or suspended for one or more traffic

5 violations during the 3 years immediately prior to the

6 date of application;

7 3. demonstrates physical fitness to operate vehicles

8 by submitting the results of a medical examination

9 conducted by a licensed physician;

10 4. has not been convicted of more than 2 offenses

11 against traffic regulations governing the movement of

12 vehicles within a twelve month period;

13 5. has not been convicted of reckless driving or

14 driving under the influence or manslaughter or reckless

15 homicide resulting from the operation of a motor vehicle

16 within the past 3 years;

17 6. has signed and submitted a written statement

18 certifying that he has not, through the unlawful operation

19 of a motor vehicle, caused a crash which resulted in the

20 death of any person within the 5 years immediately prior

21 to the date of application.

22 However, such child ~~day~~ care centers, group homes and

23 child care institutions may provide for transportation of a

24 child or children for special outings, functions or purposes

25 that are not scheduled on a regular basis without verification

26 that drivers for such purposes meet the requirements of this

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1 Section.

2 (a-5) As a means of ensuring compliance with the

3 requirements set forth in subsection (a), the Department shall

4 implement appropriate measures to verify that every individual

5 who is employed at a group home or child care institution meets

6 those requirements.

7 For every individual employed at a group home or child

8 care institution who regularly transports children in the

9 course of performing his or her duties, the Department must

10 make the verification every 2 years. Upon the Department's

11 request, the Secretary of State shall provide the Department

12 with the information necessary to enable the Department to

13 make the verifications required under subsection (a).

14 In the case of an individual employed at a group home or

15 child care institution who becomes subject to subsection (a)

16 for the first time after the effective date of this amendatory

17 Act of the 94th General Assembly, the Department must make

18 that verification with the Secretary of State before the

19 individual operates a motor vehicle to transport a child or

20 children under the circumstances described in subsection (a).

21 In the case of an individual employed at a group home or

22 child care institution who is subject to subsection (a) on the

23 effective date of this amendatory Act of the 94th General

24 Assembly, the Department must make that verification with the

25 Secretary of State within 30 days after that effective date.

26 If the Department discovers that an individual fails to

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1 meet the requirements set forth in subsection (a), the

2 Department shall promptly notify the appropriate group home or

3 child care institution.

4 (b) Any individual who holds a valid Illinois school bus

5 driver permit issued by the Secretary of State pursuant to The

6 Illinois Vehicle Code, and who is currently employed by a

7 school district or parochial school, or by a contractor with a

8 school district or parochial school, to drive a school bus

9 transporting children to and from school, shall be deemed in

10 compliance with the requirements of subsection (a).

11 (c) The Department may, pursuant to Section 8 of this Act,

12 revoke the license of anychild ~~day~~ care center, group home or

13 child care institution that fails to meet the requirements of

14 this Section.

15 (d) A group home or child care institution that fails to

16 meet the requirements of this Section is guilty of a petty

17 offense and is subject to a fine of not more than $1,000. Each

18 day that a group home or child care institution fails to meet

19 the requirements of this Section is a separate offense.

20 (Source: P.A. 102-982, eff. 7-1-23.)

21 (225 ILCS 10/5.3)

22 Sec. 5.3. Lunches in child ~~day~~ care homes. In order to

23 increase the affordability and availability ofchild ~~day~~ care,

24 a child ~~day~~care home licensed under this Act may allow any

25 child it receives to bring his or her lunch for consumption

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1 instead of or in addition to the lunch provided by thechild

2 ~~day~~ care home.

3 (Source: P.A. 90-242, eff. 1-1-98.)

4 (225 ILCS 10/5.5)

5 Sec. 5.5. Smoking in child ~~day~~ care facilities.

6 (a) The General Assembly finds and declares that:

7 (1) The U.S. government has determined that secondhand

8 tobacco smoke is a major threat to public health for which

9 there is no safe level of exposure.

10 (2) The U.S. Environmental Protection Agency recently

11 classified secondhand tobacco smoke a Class A carcinogen,

12 ranking it with substances such as asbestos and benzene.

13 (3) According to U.S. government figures, secondhand

14 tobacco smoke is linked to the lung-cancer deaths of an

15 estimated 3,000 nonsmokers per year.

16 (4) Cigarette smoke is a special risk to children,

17 causing between 150,000 and 300,000 respiratory infections

18 each year in children under 18 months old, and endangering

19 between 200,000 and one million children with asthma.

20 (5) The health of the children of this State should

21 not be compromised by needless exposure to secondhand

22 tobacco smoke.

23 (b) It is a violation of this Act for any person to smoke

24 tobacco in any area of achild ~~day~~ care center.

25 (c) It is a violation of this Act for any person to smoke

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1 tobacco in any area of a child ~~day~~ care home or group child ~~day~~

2 care home.

3 (d) It is a violation of this Act for any person

4 responsible for the operation of achild ~~day~~ care center,

5 child ~~day~~ care home, or group child ~~day~~care home to knowingly

6 allow or encourage any violation of subsection (b) or (c) of

7 this Section.

8 (Source: P.A. 99-343, eff. 8-11-15.)

9 (225 ILCS 10/5.6)

10 Sec. 5.6. Pesticide and lawn care product application at

11 child ~~day~~ care centers.

12 (a) Licensed child ~~day~~ care centers shall abide by the

13 requirements of Sections 10.2 and 10.3 of the Structural Pest

14 Control Act.

15 (b) Notification required pursuant to Section 10.3 of the

16 Structural Pest Control Act may not be given more than 30 days

17 before the application of the pesticide.

18 (c) Each licensed child ~~day~~ care center, subject to the

19 requirements of Section 10.3 of the Structural Pest Control

20 Act, must ensure that pesticides will not be applied when

21 children are present at the center. Toys and other items

22 mouthed or handled by the children must be removed from the

23 area before pesticides are applied. Children must not return

24 to the treated area within 2 hours after a pesticide

25 application or as specified on the pesticide label, whichever

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1 time is greater.

2 (d) The owners and operators of licensed child ~~day~~ care

3 centers must ensure that lawn care products will not be

4 applied to child ~~day~~ care center grounds when children are

5 present at the center or on its grounds. For the purpose of

6 this Section, "lawn care product" has the same meaning as that

7 term is defined in the Lawn Care Products Application and

8 Notice Act.

9 (Source: P.A. 96-424, eff. 8-13-09.)

10 (225 ILCS 10/5.8)

11 Sec. 5.8. Radon testing of licensed child ~~day~~ care

12 centers, licensed child ~~day~~ care homes, and licensed group

13 child ~~day~~ care homes.

14 (a) Effective January 1, 2013, licensed child ~~day~~ care

15 centers, licensed child ~~day~~ care homes, and licensed group

16 child ~~day~~ care homes shall have the facility tested for radon

17 at least once every 3 years pursuant to rules established by

18 the Illinois Emergency Management Agency.

19 (b) Effective January 1, 2014, as part of an initial

20 application or application for renewal of a license for child

21 ~~day~~ care centers, child ~~day~~ care homes, and group child ~~day~~

22 care homes, the Department shall require proof the facility

23 has been tested within the last 3 years for radon pursuant to

24 rules established by the Illinois Emergency Management Agency.

25 (c) The report of the most current radon measurement shall

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1 be posted in the facility next to the license issued by the

2 Department. Copies of the report shall be provided to parents

3 or guardians upon request.

4 (d) Included with the report referenced in subsection (c)

5 shall be the following statement:

6 "Every parent or guardian is notified that this

7 facility has performed radon measurements to ensure the

8 health and safety of the occupants. The Illinois Emergency

9 Management Agency (IEMA) recommends that all residential

10 homes be tested and that corrective actions be taken at

11 levels equal to or greater than 4.0 pCi/L. Radon is a Class

12 A human carcinogen, the leading cause of lung cancer in

13 non-smokers, and the second leading cause of lung cancer

14 overall. For additional information about this facility

15 contact the licensee and for additional information

16 regarding radon contact the IEMA Radon Program at

17 800-325-1245 or on the Internet at

18 www.radon.illinois.gov.".

19 (Source: P.A. 97-981, eff. 1-1-13.)

20 (225 ILCS 10/5.9)

21 Sec. 5.9. Lead testing of water in licensed child ~~day~~ care

22 centers, child ~~day~~ care homes and group child ~~day~~ care homes.

23 (a) On or before January 1, 2018, the Department, in

24 consultation with the Department of Public Health, shall adopt

25 rules that prescribe the procedures and standards to be used

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1 by the Department in assessing levels of lead in water in

2 licensed child ~~day~~ care centers, child ~~day~~ care homes, and

3 group child ~~day~~ care homes constructed on or before January 1,

4 2000 that serve children under the age of 6. Such rules shall,

5 at a minimum, include provisions regarding testing parameters,

6 the notification of sampling results, training requirements

7 for lead exposure and mitigation.

8 (b) After adoption of the rules required by subsection

9 (a), and as part of an initial application or application for

10 renewal of a license for child ~~day~~ care centers, child ~~day~~ care

11 homes, and group child ~~day~~ care homes, the Department shall

12 require proof that the applicant has complied with all such

13 rules.

14 (Source: P.A. 99-922, eff. 1-17-17.)

15 (225 ILCS 10/5.10)

16 Sec. 5.10. Child care limitation on expulsions. Consistent

17 with the purposes of this amendatory Act of the 100th General

18 Assembly and the requirements therein under paragraph (7) of

19 subsection (a) of Section 2-3.71 of the School Code, the

20 Department, in consultation with the Governor's Office of

21 Early Childhood Development and the State Board of Education,

22 shall adopt rules prohibiting the use of expulsion due to a

23 child's persistent and serious challenging behaviors in

24 licensed child ~~day~~ care centers, child ~~day~~ care homes, and

25 group child ~~day~~ care homes. The rulemaking shall address, at a

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1 minimum, requirements for licensees to establish intervention

2 and transition policies, notify parents of policies, document

3 intervention steps, and collect and report data on children

4 transitioning out of the program.

5 (Source: P.A. 100-105, eff. 1-1-18.)

6 (225 ILCS 10/5.11)

7 Sec. 5.11. Plan for anaphylactic shock. The Department

8 shall require each licensed child ~~day~~ care center, child ~~day~~

9 care home, and group child ~~day~~ care home to have a plan for

10 anaphylactic shock to be followed for the prevention of

11 anaphylaxis and during a medical emergency resulting from

12 anaphylaxis. The plan should be based on the guidance and

13 recommendations provided by the American Academy of Pediatrics

14 relating to the management of food allergies or other

15 allergies. The plan should be shared with parents or guardians

16 upon enrollment at each licensed child ~~day~~ care center, child

17 ~~day~~ care home, and group child ~~day~~ care home. If a child

18 requires specific specialized treatment during an episode of

19 anaphylaxis, that child's treatment plan should be kept by the

20 staff of the child ~~day~~ care center, child ~~day~~ care home, or

21 group child ~~day~~ care home and followed in the event of an

22 emergency. Each licensed child ~~day~~ care center, child ~~day~~ care

23 home, and group child ~~day~~ care home shall have at least one

24 staff member present at all times who has taken a training

25 course in recognizing and responding to anaphylaxis.

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1 (Source: P.A. 102-413, eff. 8-20-21.)

2 (225 ILCS 10/6) (from Ch. 23, par. 2216)

3 Sec. 6. (a) A licensed facility operating as a "child care

4 institution", "maternity center", "child welfare agency",

5 "child ~~day~~ care agency" or "child ~~day~~care center" must apply

6 for renewal of its license held, the application to be made to

7 the Department on forms prescribed by it.

8 (b) The Department, a duly licensed child welfare agency

9 or a suitable agency or person designated by the Department as

10 its agent to do so, must re-examine every child care facility

11 for renewal of license, including in that process the

12 examination of the premises and records of the facility as the

13 Department considers necessary to determine that minimum

14 standards for licensing continue to be met, and random surveys

15 of parents or legal guardians who are consumers of such

16 facilities' services to assess the quality of care at such

17 facilities. In the case of foster family homes, orchild ~~day~~

18 care homes under the supervision of or otherwise required to

19 be licensed by the Department, or under supervision of a

20 licensed child welfare agency orchild ~~day~~ care agency, the

21 examination shall be made by the Department, or agency

22 supervising such homes. If the Department is satisfied that

23 the facility continues to maintain minimum standards which it

24 prescribes and publishes, it shall renew the license to

25 operate the facility.

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1 (b-5) In the case of a quality of care concerns applicant

2 as defined in Section 2.22a of this Act, in addition to the

3 examination required in subsection (b) of this Section, the

4 Department shall not renew the license of a quality of care

5 concerns applicant unless the Department is satisfied that the

6 foster family home does not pose a risk to children and that

7 the foster family home will be able to meet the physical and

8 emotional needs of children. In making this determination, the

9 Department must obtain and carefully review all relevant

10 documents and shall obtain consultation from its Clinical

11 Division as appropriate and as prescribed by Department rule

12 and procedure. The Department has the authority to deny an

13 application for renewal based on a record of quality of care

14 concerns. In the alternative, the Department may (i) approve

15 the application for renewal subject to obtaining additional

16 information or assessments, (ii) approve the application for

17 renewal for purposes of placing or maintaining only a

18 particular child or children only in the foster home, or (iii)

19 approve the application for renewal. The Department shall

20 notify the quality of care concerns applicant of its decision

21 and the basis for its decision in writing.

22 (c) If a child care facility's license, other than a

23 license for a foster family home, is revoked, or if the

24 Department refuses to renew a facility's license, the facility

25 may not reapply for a license before the expiration of 12

26 months following the Department's action; provided, however,

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1 that the denial of a reapplication for a license pursuant to

2 this subsection must be supported by evidence that the prior

3 revocation renders the applicant unqualified or incapable of

4 satisfying the standards and rules promulgated by the

5 Department pursuant to this Act or maintaining a facility

6 which adheres to such standards and rules.

7 (d) If a foster family home license (i) is revoked, (ii) is

8 surrendered for cause, or (iii) expires or is surrendered with

9 either certain types of involuntary placement holds in place

10 or while a licensing or child abuse or neglect investigation

11 is pending, or if the Department refuses to renew a foster home

12 license, the foster home may not reapply for a license before

13 the expiration of 5 years following the Department's action or

14 following the expiration or surrender of the license.

15 (Source: P.A. 99-779, eff. 1-1-17.)

16 (225 ILCS 10/7) (from Ch. 23, par. 2217)

17 Sec. 7. (a) The Department must prescribe and publish

18 minimum standards for licensing that apply to the various

19 types of facilities for child care defined in this Act and that

20 are equally applicable to like institutions under the control

21 of the Department and to foster family homes used by and under

22 the direct supervision of the Department. The Department shall

23 seek the advice and assistance of persons representative of

24 the various types of child care facilities in establishing

25 such standards. The standards prescribed and published under

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1 this Act take effect as provided in the Illinois

2 Administrative Procedure Act, and are restricted to

3 regulations pertaining to the following matters and to any

4 rules and regulations required or permitted by any other

5 Section of this Act:

6 (1) The operation and conduct of the facility and

7 responsibility it assumes for child care;

8 (2) The character, suitability and qualifications of

9 the applicant and other persons directly responsible for

10 the care and welfare of children served. All child~~day~~

11 care center licensees and employees who are required to

12 report child abuse or neglect under the Abused and

13 Neglected Child Reporting Act shall be required to attend

14 training on recognizing child abuse and neglect, as

15 prescribed by Department rules;

16 (3) The general financial ability and competence of

17 the applicant to provide necessary care for children and

18 to maintain prescribed standards;

19 (4) The number of individuals or staff required to

20 insure adequate supervision and care of the children

21 received. The standards shall provide that each child care

22 institution, maternity center, child ~~day~~care center,

23 group home, child ~~day~~ care home, and group child ~~day~~ care

24 home shall have on its premises during its hours of

25 operation at least one staff member certified in first

26 aid, in the Heimlich maneuver and in cardiopulmonary

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1 resuscitation by the American Red Cross or other

2 organization approved by rule of the Department. Child

3 welfare agencies shall not be subject to such a staffing

4 requirement. The Department may offer, or arrange for the

5 offering, on a periodic basis in each community in this

6 State in cooperation with the American Red Cross, the

7 American Heart Association or other appropriate

8 organization, voluntary programs to train operators of

9 foster family homes and child ~~day~~ care homes in first aid

10 and cardiopulmonary resuscitation;

11 (5) The appropriateness, safety, cleanliness, and

12 general adequacy of the premises, including maintenance of

13 adequate fire prevention and health standards conforming

14 to State laws and municipal codes to provide for the

15 physical comfort, care, and well-being of children

16 received;

17 (6) Provisions for food, clothing, educational

18 opportunities, program, equipment and individual supplies

19 to assure the healthy physical, mental, and spiritual

20 development of children served;

21 (7) Provisions to safeguard the legal rights of

22 children served;

23 (8) Maintenance of records pertaining to the

24 admission, progress, health, and discharge of children,

25 including, for child ~~day~~ care centers and child ~~day~~care

26 homes, records indicating each child has been immunized as

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1 required by State regulations. The Department shall

2 require proof that children enrolled in a facility have

3 been immunized against Haemophilus Influenzae B (HIB);

4 (9) Filing of reports with the Department;

5 (10) Discipline of children;

6 (11) Protection and fostering of the particular

7 religious faith of the children served;

8 (12) Provisions prohibiting firearms on child ~~day~~ care

9 center premises except in the possession of peace

10 officers;

11 (13) Provisions prohibiting handguns on child ~~day~~ care

12 home premises except in the possession of peace officers

13 or other adults who must possess a handgun as a condition

14 of employment and who reside on the premises of a child ~~day~~

15 care home;

16 (14) Provisions requiring that any firearm permitted

17 on child ~~day~~care home premises, except handguns in the

18 possession of peace officers, shall be kept in a

19 disassembled state, without ammunition, in locked storage,

20 inaccessible to children and that ammunition permitted on

21 child ~~day~~care home premises shall be kept in locked

22 storage separate from that of disassembled firearms,

23 inaccessible to children;

24 (15) Provisions requiring notification of parents or

25 guardians enrolling children at achild ~~day~~ care home of

26 the presence in the child ~~day~~care home of any firearms and

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1 ammunition and of the arrangements for the separate,

2 locked storage of such firearms and ammunition;

3 (16) Provisions requiring all licensed child care

4 facility employees who care for newborns and infants to

5 complete training every 3 years on the nature of sudden

6 unexpected infant death (SUID), sudden infant death

7 syndrome (SIDS), and the safe sleep recommendations of the

8 American Academy of Pediatrics; and

9 (17) With respect to foster family homes, provisions

10 requiring the Department to review quality of care

11 concerns and to consider those concerns in determining

12 whether a foster family home is qualified to care for

13 children.

14 By July 1, 2022, all licensed child ~~day~~ care home

15 providers, licensed group child ~~day~~ care home providers, and

16 licensed child ~~day~~ care center directors and classroom staff

17 shall participate in at least one training that includes the

18 topics of early childhood social emotional learning, infant

19 and early childhood mental health, early childhood trauma, or

20 adverse childhood experiences. Current licensed providers,

21 directors, and classroom staff shall complete training by July

22 1, 2022 and shall participate in training that includes the

23 above topics at least once every 3 years.

24 (b) If, in a facility for general child care, there are

25 children diagnosed as mentally ill or children diagnosed as

26 having an intellectual or physical disability, who are

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1 determined to be in need of special mental treatment or of

2 nursing care, or both mental treatment and nursing care, the

3 Department shall seek the advice and recommendation of the

4 Department of Human Services, the Department of Public Health,

5 or both Departments regarding the residential treatment and

6 nursing care provided by the institution.

7 (c) The Department shall investigate any person applying

8 to be licensed as a foster parent to determine whether there is

9 any evidence of current drug or alcohol abuse in the

10 prospective foster family. The Department shall not license a

11 person as a foster parent if drug or alcohol abuse has been

12 identified in the foster family or if a reasonable suspicion

13 of such abuse exists, except that the Department may grant a

14 foster parent license to an applicant identified with an

15 alcohol or drug problem if the applicant has successfully

16 participated in an alcohol or drug treatment program,

17 self-help group, or other suitable activities and if the

18 Department determines that the foster family home can provide

19 a safe, appropriate environment and meet the physical and

20 emotional needs of children.

21 (d) The Department, in applying standards prescribed and

22 published, as herein provided, shall offer consultation

23 through employed staff or other qualified persons to assist

24 applicants and licensees in meeting and maintaining minimum

25 requirements for a license and to help them otherwise to

26 achieve programs of excellence related to the care of children

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1 served. Such consultation shall include providing information

2 concerning education and training in early childhood

3 development to providers of child ~~day~~care home services. The

4 Department may provide or arrange for such education and

5 training for those providers who request such assistance.

6 (e) The Department shall distribute copies of licensing

7 standards to all licensees and applicants for a license. Each

8 licensee or holder of a permit shall distribute copies of the

9 appropriate licensing standards and any other information

10 required by the Department to child care facilities under its

11 supervision. Each licensee or holder of a permit shall

12 maintain appropriate documentation of the distribution of the

13 standards. Such documentation shall be part of the records of

14 the facility and subject to inspection by authorized

15 representatives of the Department.

16 (f) The Department shall prepare summaries of child ~~day~~

17 care licensing standards. Each licensee or holder of a permit

18 for a child ~~day~~care facility shall distribute a copy of the

19 appropriate summary and any other information required by the

20 Department, to the legal guardian of each child cared for in

21 that facility at the time when the child is enrolled or

22 initially placed in the facility. The licensee or holder of a

23 permit for a child~~day~~ care facility shall secure appropriate

24 documentation of the distribution of the summary and brochure.

25 Such documentation shall be a part of the records of the

26 facility and subject to inspection by an authorized

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1 representative of the Department.

2 (g) The Department shall distribute to each licensee and

3 holder of a permit copies of the licensing or permit standards

4 applicable to such person's facility. Each licensee or holder

5 of a permit shall make available by posting at all times in a

6 common or otherwise accessible area a complete and current set

7 of licensing standards in order that all employees of the

8 facility may have unrestricted access to such standards. All

9 employees of the facility shall have reviewed the standards

10 and any subsequent changes. Each licensee or holder of a

11 permit shall maintain appropriate documentation of the current

12 review of licensing standards by all employees. Such records

13 shall be part of the records of the facility and subject to

14 inspection by authorized representatives of the Department.

15 (h) Any standards involving physical examinations,

16 immunization, or medical treatment shall include appropriate

17 exemptions for children whose parents object thereto on the

18 grounds that they conflict with the tenets and practices of a

19 recognized church or religious organization, of which the

20 parent is an adherent or member, and for children who should

21 not be subjected to immunization for clinical reasons.

22 (i) The Department, in cooperation with the Department of

23 Public Health, shall work to increase immunization awareness

24 and participation among parents of children enrolled in child

25 ~~day~~ care centers and child ~~day~~ care homes by publishing on the

26 Department's website information about the benefits of

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1 immunization against vaccine preventable diseases, including

2 influenza and pertussis. The information for vaccine

3 preventable diseases shall include the incidence and severity

4 of the diseases, the availability of vaccines, and the

5 importance of immunizing children and persons who frequently

6 have close contact with children. The website content shall be

7 reviewed annually in collaboration with the Department of

8 Public Health to reflect the most current recommendations of

9 the Advisory Committee on Immunization Practices (ACIP). The

10 Department shall work with child ~~day~~ care centers and child

11 ~~day~~ care homes licensed under this Act to ensure that the

12 information is annually distributed to parents in August or

13 September.

14 (j) Any standard adopted by the Department that requires

15 an applicant for a license to operate a child ~~day~~ care home to

16 include a copy of a high school diploma or equivalent

17 certificate with his or her application shall be deemed to be

18 satisfied if the applicant includes a copy of a high school

19 diploma or equivalent certificate or a copy of a degree from an

20 accredited institution of higher education or vocational

21 institution or equivalent certificate.

22 (Source: P.A. 102-4, eff. 4-27-21.)

23 (225 ILCS 10/7.10)

24 Sec. 7.10. Progress report.

25 (a) For the purposes of this Section, "child ~~day~~ care

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1 licensing" or "child ~~day~~ care licensing" means licensing of

2 child ~~day~~ care centers, child ~~day~~ care homes, and group child

3 ~~day~~ care homes.

4 (b) No later than September 30th of each year, the

5 Department shall provide the General Assembly with a

6 comprehensive report on its progress in meeting performance

7 measures and goals related to child ~~day~~ care licensing.

8 (c) The report shall include:

9 (1) details on the funding for child ~~day~~ care

10 licensing, including:

11 (A) the total number of full-time employees

12 working on child ~~day~~ care licensing;

13 (B) the names of all sources of revenue used to

14 support child ~~day~~ care licensing;

15 (C) the amount of expenditures that is claimed

16 against federal funding sources;

17 (D) the identity of federal funding sources; and

18 (E) how funds are appropriated, including

19 appropriations for line staff, support staff,

20 supervisory staff, and training and other expenses and

21 the funding history of such licensing since fiscal

22 year 2010;

23 (2) current staffing qualifications of child ~~day~~ care

24 licensing representatives and child ~~day~~ care licensing

25 supervisors in comparison with staffing qualifications

26 specified in the job description;

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1 (3) data history for fiscal year 2010 to the current

2 fiscal year on child ~~day~~ care licensing representative

3 caseloads and staffing levels in all areas of the State;

4 (4) per the DCFS Child Day Care Licensing Advisory

5 Council's work plan, quarterly data on the following

6 measures:

7 (A) the percentage of new applications disposed of

8 within 90 days;

9 (B) the percentage of licenses renewed on time;

10 (C) the percentage of child ~~day~~ care centers

11 receiving timely annual monitoring visits;

12 (D) the percentage of child ~~day~~ care homes

13 receiving timely annual monitoring visits;

14 (E) the percentage of group child ~~day~~ care homes

15 receiving timely annual monitoring visits;

16 (F) the percentage of provider requests for

17 supervisory review;

18 (G) the progress on adopting a key indicator

19 system;

20 (H) the percentage of complaints disposed of

21 within 30 days;

22 (I) the average number of days a child ~~day~~ care

23 center applicant must wait to attend a licensing

24 orientation;

25 (J) the number of licensing orientation sessions

26 available per region in the past year; and

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1 (K) the number of Department trainings related to

2 licensing and child development available to providers

3 in the past year; and

4 (5) efforts to coordinate with the Department of Human

5 Services and the State Board of Education on professional

6 development, credentialing issues, and child developers,

7 including training registry, child developers, and Quality

8 Rating and Improvement Systems (QRIS).

9 (d) The Department shall work with the Governor's

10 appointed Early Learning Council on issues related to and

11 concerning child ~~day~~ care.

12 (Source: P.A. 97-1096, eff. 8-24-12; 98-839, eff. 1-1-15.)

13 (225 ILCS 10/9.1c)

14 Sec. 9.1c. Public database of child ~~day~~ care homes, group

15 child ~~day~~ care homes, and child ~~day~~ care centers; license

16 status. No later than July 1, 2018, the Department shall

17 establish and maintain on its official website a searchable

18 database, freely accessible to the public, that provides the

19 following information on each child ~~day~~ care home, group child

20 ~~day~~ care home, and child ~~day~~ care center licensed by the

21 Department: whether, within the past 5 years, the child ~~day~~

22 care home, group child ~~day~~ care home, or child ~~day~~ care center

23 has had its license revoked by or surrendered to the

24 Department during a child abuse or neglect investigation or

25 its application for a renewal of its license was denied by the

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1 Department, and, if so, the dates upon which the license was

2 revoked by or surrendered to the Department or the application

3 for a renewal of the license was denied by the Department. The

4 Department may adopt any rules necessary to implement this

5 Section. Nothing in this Section shall be construed to allow

6 or authorize the Department to release or disclose any

7 information that is prohibited from public disclosure under

8 this Act or under any other State or federal law.

9 (Source: P.A. 100-52, eff. 1-1-18.)

10 (225 ILCS 10/9.2)

11 Sec. 9.2. Toll free number; child ~~day~~ care information.

12 The Department of Children and Family Services shall establish

13 and maintain a statewide toll-free telephone number that all

14 persons may use to inquire about the past history and record of

15 a child ~~day~~ care facility operating in this State. The past

16 history and record shall include, but shall not be limited to,

17 Department substantiated complaints against achild ~~day~~ care

18 facility and Department staff findings of license violations

19 by a child ~~day~~care facility. Information disclosed in

20 accordance with this Section shall be subject to the

21 confidentiality requirements provided in this Act.

22 (Source: P.A. 90-671, eff. 1-1-99.)

23 (225 ILCS 10/12) (from Ch. 23, par. 2222)

24 Sec. 12. Advertisements.

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1 (a) In this Section, "advertise" means communication by

2 any public medium originating or distributed in this State,

3 including, but not limited to, newspapers, periodicals,

4 telephone book listings, outdoor advertising signs, radio, or

5 television.

6 (b) A child care facility or child welfare agency licensed

7 or operating under a permit issued by the Department may

8 publish advertisements for the services that the facility is

9 specifically licensed or issued a permit under this Act to

10 provide. A person, group of persons, agency, association,

11 organization, corporation, institution, center, or group who

12 advertises or causes to be published any advertisement

13 offering, soliciting, or promising to perform adoption

14 services as defined in Section 2.24 of this Act is guilty of a

15 Class A misdemeanor and shall be subject to a fine not to

16 exceed $10,000 or 9 months imprisonment for each

17 advertisement, unless that person, group of persons, agency,

18 association, organization, corporation, institution, center,

19 or group is (i) licensed or operating under a permit issued by

20 the Department as a child care facility or child welfare

21 agency, (ii) a biological parent or a prospective adoptive

22 parent acting on his or her own behalf, or (iii) a licensed

23 attorney advertising his or her availability to provide legal

24 services relating to adoption, as permitted by law.

25 (c) Every advertisement published after the effective date

26 of this amendatory Act of the 94th General Assembly shall

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1 include the Department-issued license number of the facility

2 or agency.

3 (d) Any licensed child welfare agency providing adoption

4 services that, after the effective date of this amendatory Act

5 of the 94th General Assembly, causes to be published an

6 advertisement containing reckless or intentional

7 misrepresentations concerning adoption services or

8 circumstances material to the placement of a child for

9 adoption is guilty of a Class A misdemeanor and is subject to a

10 fine not to exceed $10,000 or 9 months imprisonment for each

11 advertisement.

12 (e) An out-of-state agency that is not licensed in

13 Illinois and that has a written interagency agreement with one

14 or more Illinois licensed child welfare agencies may advertise

15 under this Section, provided that (i) the out-of-state agency

16 must be officially recognized by the United States Internal

17 Revenue Service as a tax-exempt organization under 501(c)(3)

18 of the Internal Revenue Code of 1986 (or any successor

19 provision of federal tax law), (ii) the out-of-state agency

20 provides only international adoption services and is covered

21 by the Intercountry Adoption Act of 2000, (iii) the

22 out-of-state agency displays, in the advertisement, the

23 license number of at least one of the Illinois licensed child

24 welfare agencies with which it has a written agreement, and

25 (iv) the advertisements pertain only to international adoption

26 services. Subsection (d) of this Section shall apply to any

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1 out-of-state agencies described in this subsection (e).

2 (f) An advertiser, publisher, or broadcaster, including,

3 but not limited to, newspapers, periodicals, telephone book

4 publishers, outdoor advertising signs, radio stations, or

5 television stations, who knowingly or recklessly advertises or

6 publishes any advertisement offering, soliciting, or promising

7 to perform adoption services, as defined in Section 2.24 of

8 this Act, on behalf of a person, group of persons, agency,

9 association, organization, corporation, institution, center,

10 or group, not authorized to advertise under subsection (b) or

11 subsection (e) of this Section, is guilty of a Class A

12 misdemeanor and is subject to a fine not to exceed $10,000 or 9

13 months imprisonment for each advertisement.

14 (g) The Department shall maintain a website listing child

15 welfare agencies licensed by the Department that provide

16 adoption services and other general information for biological

17 parents and adoptive parents. The website shall include, but

18 not be limited to, agency addresses, phone numbers, e-mail

19 addresses, website addresses, annual reports as referenced in

20 Section 7.6 of this Act, agency license numbers, the Birth

21 Parent Bill of Rights, the Adoptive Parents Bill of Rights,

22 and the Department's complaint registry established under

23 Section 9.1a of this Act. The Department shall adopt any rules

24 necessary to implement this Section.

25 (h) Nothing in this Act shall prohibit a child ~~day~~ care

26 agency, child ~~day~~ care center, child ~~day~~ care home, or group

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1 child ~~day~~ care home that does not provide or perform adoption

2 services, as defined in Section 2.24 of this Act, from

3 advertising or marketing the child ~~day~~ care agency, child ~~day~~

4 care center, child ~~day~~ care home, or group child ~~day~~ care home.

5 (Source: P.A. 100-406, eff. 1-1-18.)

6 Section 185. The Structural Pest Control Act is amended by

7 changing Sections 2, 3.03, 3.27, 10.2, 10.3, and 21.1 as

8 follows:

9 (225 ILCS 235/2) (from Ch. 111 1/2, par. 2202)

10 (Section scheduled to be repealed on December 31, 2029)

11 Sec. 2. Legislative intent. It is declared that there

12 exists and may in the future exist within the State of Illinois

13 locations where pesticides are received, stored, formulated or

14 prepared and subsequently used for the control of structural

15 pests, and improper selection, formulation and application of

16 pesticides may adversely affect the public health and general

17 welfare.

18 It is further established that the use of certain

19 pesticides is restricted or may in the future be restricted to

20 use only by or under the supervision of persons certified in

21 accordance with this Act.

22 It is recognized that pests can best be controlled through

23 an integrated pest management program that combines preventive

24 techniques, nonchemical pest control methods, and the

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1 appropriate use of pesticides with preference for products

2 that are the least harmful to human health and the

3 environment. Integrated pest management is a good practice in

4 the management of pest populations, and it is prudent to

5 employ pest control strategies that are the least hazardous to

6 human health and the environment.

7 Therefore, the purpose of this Act is to protect, promote

8 and preserve the public health and general welfare by

9 providing for the establishment of minimum standards for

10 selection, formulation and application of restricted

11 pesticides and to provide for the licensure of commercial

12 structural pest control businesses, the registration of

13 persons who own or operate non-commercial structural pest

14 control locations where restricted pesticides are used, and

15 the certification of pest control technicians.

16 It is also the purpose of this Act to reduce economic,

17 health, and environmental risks by promoting the use of

18 integrated pest management for structural pest control in

19 schools and child ~~day~~care centers, by making guidelines on

20 integrated pest management available to schools and child ~~day~~

21 care centers.

22 (Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786,

23 eff. 8-7-08.)

24 (225 ILCS 235/3.03) (from Ch. 111 1/2, par. 2203.03)

25 (Section scheduled to be repealed on December 31, 2029)

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1 Sec. 3.03. "Person" means any individual, group of

2 individuals, association, trust, partnership, corporation,

3 person doing business under an assumed name, the State of

4 Illinois, or department thereof, any other state-owned and

5 operated institution, public school, licensed child ~~day~~ care

6 center, or any other entity.

7 (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08;

8 96-1362, eff. 7-28-10.)

9 (225 ILCS 235/3.27)

10 (Section scheduled to be repealed on December 31, 2029)

11 Sec. 3.27. "Child ~~Day~~ care center" means any structure

12 used as a licensed child ~~day~~care center in this State.

13 (Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786,

14 eff. 8-7-08.)

15 (225 ILCS 235/10.2) (from Ch. 111 1/2, par. 2210.2)

16 (Section scheduled to be repealed on December 31, 2029)

17 Sec. 10.2. Integrated pest management guidelines;

18 notification; training of designated persons; request for

19 copies.

20 (a) The Department shall prepare guidelines for an

21 integrated pest management program for structural pest control

22 practices at school buildings and other school facilities and

23 child ~~day~~care centers. Such guidelines shall be made

24 available to schools, child ~~day~~ care centers and the public

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1 upon request.

2 (b) When economically feasible, each school and child ~~day~~

3 care center is required to develop and implement an integrated

4 pest management program that incorporates the guidelines

5 developed by the Department. Each school andchild ~~day~~ care

6 center must notify the Department, within one year after the

7 effective date of this amendatory Act of the 95th General

8 Assembly and every 5 years thereafter, on forms provided by

9 the Department that the school or child ~~day~~ care center has

10 developed and is implementing an integrated pest management

11 program. In implementing an integrated pest management

12 program, a school or child ~~day~~care center must assign a

13 designated person to assume responsibility for the oversight

14 of pest management practices in that school orchild ~~day~~ care

15 center and for recordkeeping requirements.

16 (b-1) If adopting an integrated pest management program is

17 not economically feasible because such adoption would result

18 in an increase in the pest control costs of the school or child

19 ~~day~~ care center, the school or child ~~day~~care center must

20 provide, within one year after the effective date of this

21 amendatory Act of the 95th General Assembly and every 5 years

22 thereafter, written notification to the Department, on forms

23 provided by the Department, that the development and

24 implementation of an integrated pest management program is not

25 economically feasible. The notification must include projected

26 pest control costs for the term of the pest control program and

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1 projected costs for implementing an integrated pest management

2 program for that same time period.

3 (b-2) Each school or child~~day~~ care center that provides

4 written notification to the Department that the adoption of an

5 integrated pest management program is not economically

6 feasible pursuant to subsection (b-1) of this Section must

7 have its designated person attend a training course on

8 integrated pest management within one year after the effective

9 date of this amendatory Act of the 95th General Assembly, and

10 every 5 years thereafter until an integrated pest management

11 program is developed and implemented in the school orchild

12 ~~day~~ care center. The training course shall be approved by the

13 Department in accordance with the minimum standards

14 established by the Department under this Act.

15 (b-3) Each school and child ~~day~~ care center shall ensure

16 that all parents, guardians, and employees are notified at

17 least once each school year that the notification requirements

18 established by this Section have been met. The school and

19 child ~~day~~ care center shall keep copies of all notifications

20 required by this Section and any written integrated pest

21 management program plan developed in accordance with this

22 Section and make these copies available for public inspection

23 at the school or child ~~day~~care center.

24 (c) The Structural Pest Control Advisory Council shall

25 assist the Department in developing the guidelines for

26 integrated pest management programs. In developing the

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1 guidelines, the Council shall consult with individuals

2 knowledgeable in the area of integrated pest management.

3 (d) The Department, with the assistance of the Cooperative

4 Extension Service and other relevant agencies, may prepare a

5 training program for school orchild ~~day~~ care center pest

6 control specialists.

7 (e) The Department may request copies of a school's or

8 child ~~day~~care center's integrated pest management program

9 plan and notification required by this Act and offer

10 assistance and training to schools andchild ~~day~~ care centers

11 on integrated pest management programs.

12 (f) The requirements of this Section are subject to

13 appropriation to the Department for the implementation of

14 integrated pest management programs.

15 (Source: P.A. 95-58, eff. 8-10-07; reenacted by P.A. 95-786,

16 eff. 8-7-08.)

17 (225 ILCS 235/10.3)

18 (Section scheduled to be repealed on December 31, 2029)

19 Sec. 10.3. Notification. School districts and child ~~day~~

20 care centers must maintain a registry of parents and guardians

21 of students and employees who have registered to receive

22 written or telephonic notification prior to application of

23 pesticides to school property or child ~~day~~care centers or

24 provide written or telephonic notification to all parents and

25 guardians of students before such pesticide application.

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1 Written notification may be included in newsletters,

2 bulletins, calendars, or other correspondence currently

3 published by the school district orchild ~~day~~ care center. The

4 written or telephonic notification must be given at least 2

5 business days before application of the pesticide application

6 and should identify the intended date of the application of

7 the pesticide and the name and telephone contact number for

8 the school or child ~~day~~care center personnel responsible for

9 the pesticide application program. Prior notice shall not be

10 required if there is an imminent threat to health or property.

11 If such a situation arises, the appropriate school orchild

12 ~~day~~care center personnel must sign a statement describing the

13 circumstances that gave rise to the health threat and ensure

14 that written or telephonic notice is provided as soon as

15 practicable. For purposes of this Section, pesticides subject

16 to notification requirements shall not include (i) an

17 antimicrobial agent, such as disinfectant, sanitizer, or

18 deodorizer, or (ii) insecticide baits and rodenticide baits.

19 (Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786,

20 eff. 8-7-08; 96-1362, eff. 7-28-10.)

21 (225 ILCS 235/21.1) (from Ch. 111 1/2, par. 2221.1)

22 (Section scheduled to be repealed on December 31, 2029)

23 Sec. 21.1. Administrative civil fines. The Department is

24 empowered to assess administrative civil fines in accordance

25 with Section 15 of this Act against a licensee, registrant,

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1 certified technician, person, public school, licensed child

2 ~~day~~ care center, or other entity for violations of this Act or

3 its rules and regulations. These fines shall be established by

4 the Department by rule and may be assessed in addition to, or

5 in lieu of, license, registration, or certification

6 suspensions and revocations.

7 Any fine assessed and not paid within 60 days after

8 receiving notice from the Department may be submitted to the

9 Attorney General's Office, or any other public or private

10 agency, for collection of the amounts owed plus any fees and

11 costs incurred during the collection process. Failure to pay a

12 fine shall also be grounds for immediate suspension or

13 revocation of a license, registration, or certification issued

14 under this Act.

15 (Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08;

16 96-1362, eff. 7-28-10.)

17 Section 190. The Liquor Control Act of 1934 is amended by

18 changing Section 6-15 as follows:

19 (235 ILCS 5/6-15) (from Ch. 43, par. 130)

20 Sec. 6-15. No alcoholic liquors shall be sold or delivered

21 in any building belonging to or under the control of the State

22 or any political subdivision thereof except as provided in

23 this Act. The corporate authorities of any city, village,

24 incorporated town, township, or county may provide by

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1 ordinance, however, that alcoholic liquor may be sold or

2 delivered in any specifically designated building belonging to

3 or under the control of the municipality, township, or county,

4 or in any building located on land under the control of the

5 municipality, township, or county; provided that such township

6 or county complies with all applicable local ordinances in any

7 incorporated area of the township or county. Alcoholic liquor

8 may be delivered to and sold under the authority of a special

9 use permit on any property owned by a conservation district

10 organized under the Conservation District Act, provided that

11 (i) the alcoholic liquor is sold only at an event authorized by

12 the governing board of the conservation district, (ii) the

13 issuance of the special use permit is authorized by the local

14 liquor control commissioner of the territory in which the

15 property is located, and (iii) the special use permit

16 authorizes the sale of alcoholic liquor for one day or less.

17 Alcoholic liquors may be delivered to and sold at any airport

18 belonging to or under the control of a municipality of more

19 than 25,000 inhabitants, or in any building or on any golf

20 course owned by a park district organized under the Park

21 District Code, subject to the approval of the governing board

22 of the district, or in any building or on any golf course owned

23 by a forest preserve district organized under the Downstate

24 Forest Preserve District Act, subject to the approval of the

25 governing board of the district, or on the grounds within 500

26 feet of any building owned by a forest preserve district

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1 organized under the Downstate Forest Preserve District Act

2 during times when food is dispensed for consumption within 500

3 feet of the building from which the food is dispensed, subject

4 to the approval of the governing board of the district, or in a

5 building owned by a Local Mass Transit District organized

6 under the Local Mass Transit District Act, subject to the

7 approval of the governing Board of the District, or in

8 Bicentennial Park, or on the premises of the City of Mendota

9 Lake Park located adjacent to Route 51 in Mendota, Illinois,

10 or on the premises of Camden Park in Milan, Illinois, or in the

11 community center owned by the City of Loves Park that is

12 located at 1000 River Park Drive in Loves Park, Illinois, or,

13 in connection with the operation of an established food

14 serving facility during times when food is dispensed for

15 consumption on the premises, and at the following aquarium and

16 museums located in public parks: Art Institute of Chicago,

17 Chicago Academy of Sciences, Chicago Historical Society, Field

18 Museum of Natural History, Museum of Science and Industry,

19 DuSable Museum of African American History, John G. Shedd

20 Aquarium and Adler Planetarium, or at Lakeview Museum of Arts

21 and Sciences in Peoria, or in connection with the operation of

22 the facilities of the Chicago Zoological Society or the

23 Chicago Horticultural Society on land owned by the Forest

24 Preserve District of Cook County, or on any land used for a

25 golf course or for recreational purposes owned by the Forest

26 Preserve District of Cook County, subject to the control of

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1 the Forest Preserve District Board of Commissioners and

2 applicable local law, provided that dram shop liability

3 insurance is provided at maximum coverage limits so as to hold

4 the District harmless from all financial loss, damage, and

5 harm, or in any building located on land owned by the Chicago

6 Park District if approved by the Park District Commissioners,

7 or on any land used for a golf course or for recreational

8 purposes and owned by the Illinois International Port District

9 if approved by the District's governing board, or at any

10 airport, golf course, faculty center, or facility in which

11 conference and convention type activities take place belonging

12 to or under control of any State university or public

13 community college district, provided that with respect to a

14 facility for conference and convention type activities

15 alcoholic liquors shall be limited to the use of the

16 convention or conference participants or participants in

17 cultural, political or educational activities held in such

18 facilities, and provided further that the faculty or staff of

19 the State university or a public community college district,

20 or members of an organization of students, alumni, faculty or

21 staff of the State university or a public community college

22 district are active participants in the conference or

23 convention, or in Memorial Stadium on the campus of the

24 University of Illinois at Urbana-Champaign during games in

25 which the Chicago Bears professional football team is playing

26 in that stadium during the renovation of Soldier Field, not

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1 more than one and a half hours before the start of the game and

2 not after the end of the third quarter of the game, or in the

3 Pavilion Facility on the campus of the University of Illinois

4 at Chicago during games in which the Chicago Storm

5 professional soccer team is playing in that facility, not more

6 than one and a half hours before the start of the game and not

7 after the end of the third quarter of the game, or in the

8 Pavilion Facility on the campus of the University of Illinois

9 at Chicago during games in which the WNBA professional women's

10 basketball team is playing in that facility, not more than one

11 and a half hours before the start of the game and not after the

12 10-minute mark of the second half of the game, or by a catering

13 establishment which has rented facilities from a board of

14 trustees of a public community college district, or in a

15 restaurant that is operated by a commercial tenant in the

16 North Campus Parking Deck building that (1) is located at 1201

17 West University Avenue, Urbana, Illinois and (2) is owned by

18 the Board of Trustees of the University of Illinois, or, if

19 approved by the District board, on land owned by the

20 Metropolitan Sanitary District of Greater Chicago and leased

21 to others for a term of at least 20 years. Nothing in this

22 Section precludes the sale or delivery of alcoholic liquor in

23 the form of original packaged goods in premises located at 500

24 S. Racine in Chicago belonging to the University of Illinois

25 and used primarily as a grocery store by a commercial tenant

26 during the term of a lease that predates the University's

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1 acquisition of the premises; but the University shall have no

2 power or authority to renew, transfer, or extend the lease

3 with terms allowing the sale of alcoholic liquor; and the sale

4 of alcoholic liquor shall be subject to all local laws and

5 regulations. After the acquisition by Winnebago County of the

6 property located at 404 Elm Street in Rockford, a commercial

7 tenant who sold alcoholic liquor at retail on a portion of the

8 property under a valid license at the time of the acquisition

9 may continue to do so for so long as the tenant and the County

10 may agree under existing or future leases, subject to all

11 local laws and regulations regarding the sale of alcoholic

12 liquor. Alcoholic liquors may be delivered to and sold at

13 Memorial Hall, located at 211 North Main Street, Rockford,

14 under conditions approved by Winnebago County and subject to

15 all local laws and regulations regarding the sale of alcoholic

16 liquor. Each facility shall provide dram shop liability in

17 maximum insurance coverage limits so as to save harmless the

18 State, municipality, State university, airport, golf course,

19 faculty center, facility in which conference and convention

20 type activities take place, park district, Forest Preserve

21 District, public community college district, aquarium, museum,

22 or sanitary district from all financial loss, damage or harm.

23 Alcoholic liquors may be sold at retail in buildings of golf

24 courses owned by municipalities or Illinois State University

25 in connection with the operation of an established food

26 serving facility during times when food is dispensed for

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1 consumption upon the premises. Alcoholic liquors may be

2 delivered to and sold at retail in any building owned by a fire

3 protection district organized under the Fire Protection

4 District Act, provided that such delivery and sale is approved

5 by the board of trustees of the district, and provided further

6 that such delivery and sale is limited to fundraising events

7 and to a maximum of 6 events per year. However, the limitation

8 to fundraising events and to a maximum of 6 events per year

9 does not apply to the delivery, sale, or manufacture of

10 alcoholic liquors at the building located at 59 Main Street in

11 Oswego, Illinois, owned by the Oswego Fire Protection District

12 if the alcoholic liquor is sold or dispensed as approved by the

13 Oswego Fire Protection District and the property is no longer

14 being utilized for fire protection purposes.

15 Alcoholic liquors may be served or sold in buildings under

16 the control of the Board of Trustees of the University of

17 Illinois for events that the Board may determine are public

18 events and not related student activities. The Board of

19 Trustees shall issue a written policy within 6 months of

20 August 15, 2008 (the effective date of Public Act 95-847)

21 concerning the types of events that would be eligible for an

22 exemption. Thereafter, the Board of Trustees may issue

23 revised, updated, new, or amended policies as it deems

24 necessary and appropriate. In preparing its written policy,

25 the Board of Trustees shall, among other factors it considers

26 relevant and important, give consideration to the following:

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1 (i) whether the event is a student activity or student related

2 activity; (ii) whether the physical setting of the event is

3 conducive to control of liquor sales and distribution; (iii)

4 the ability of the event operator to ensure that the sale or

5 serving of alcoholic liquors and the demeanor of the

6 participants are in accordance with State law and University

7 policies; (iv) regarding the anticipated attendees at the

8 event, the relative proportion of individuals under the age of

9 21 to individuals age 21 or older; (v) the ability of the venue

10 operator to prevent the sale or distribution of alcoholic

11 liquors to individuals under the age of 21; (vi) whether the

12 event prohibits participants from removing alcoholic beverages

13 from the venue; and (vii) whether the event prohibits

14 participants from providing their own alcoholic liquors to the

15 venue. In addition, any policy submitted by the Board of

16 Trustees to the Illinois Liquor Control Commission must

17 require that any event at which alcoholic liquors are served

18 or sold in buildings under the control of the Board of Trustees

19 shall require the prior written approval of the Office of the

20 Chancellor for the University campus where the event is

21 located. The Board of Trustees shall submit its policy, and

22 any subsequently revised, updated, new, or amended policies,

23 to the Illinois Liquor Control Commission, and any University

24 event, or location for an event, exempted under such policies

25 shall apply for a license under the applicable Sections of

26 this Act.

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1 Alcoholic liquors may be served or sold in buildings under

2 the control of the Board of Trustees of Northern Illinois

3 University for events that the Board may determine are public

4 events and not student-related activities. The Board of

5 Trustees shall issue a written policy within 6 months after

6 June 28, 2011 (the effective date of Public Act 97-45)

7 concerning the types of events that would be eligible for an

8 exemption. Thereafter, the Board of Trustees may issue

9 revised, updated, new, or amended policies as it deems

10 necessary and appropriate. In preparing its written policy,

11 the Board of Trustees shall, in addition to other factors it

12 considers relevant and important, give consideration to the

13 following: (i) whether the event is a student activity or

14 student-related activity; (ii) whether the physical setting of

15 the event is conducive to control of liquor sales and

16 distribution; (iii) the ability of the event operator to

17 ensure that the sale or serving of alcoholic liquors and the

18 demeanor of the participants are in accordance with State law

19 and University policies; (iv) the anticipated attendees at the

20 event and the relative proportion of individuals under the age

21 of 21 to individuals age 21 or older; (v) the ability of the

22 venue operator to prevent the sale or distribution of

23 alcoholic liquors to individuals under the age of 21; (vi)

24 whether the event prohibits participants from removing

25 alcoholic beverages from the venue; and (vii) whether the

26 event prohibits participants from providing their own

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1 alcoholic liquors to the venue.

2 Alcoholic liquors may be served or sold in buildings under

3 the control of the Board of Trustees of Chicago State

4 University for events that the Board may determine are public

5 events and not student-related activities. The Board of

6 Trustees shall issue a written policy within 6 months after

7 August 2, 2013 (the effective date of Public Act 98-132)

8 concerning the types of events that would be eligible for an

9 exemption. Thereafter, the Board of Trustees may issue

10 revised, updated, new, or amended policies as it deems

11 necessary and appropriate. In preparing its written policy,

12 the Board of Trustees shall, in addition to other factors it

13 considers relevant and important, give consideration to the

14 following: (i) whether the event is a student activity or

15 student-related activity; (ii) whether the physical setting of

16 the event is conducive to control of liquor sales and

17 distribution; (iii) the ability of the event operator to

18 ensure that the sale or serving of alcoholic liquors and the

19 demeanor of the participants are in accordance with State law

20 and University policies; (iv) the anticipated attendees at the

21 event and the relative proportion of individuals under the age

22 of 21 to individuals age 21 or older; (v) the ability of the

23 venue operator to prevent the sale or distribution of

24 alcoholic liquors to individuals under the age of 21; (vi)

25 whether the event prohibits participants from removing

26 alcoholic beverages from the venue; and (vii) whether the

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1 event prohibits participants from providing their own

2 alcoholic liquors to the venue.

3 Alcoholic liquors may be served or sold in buildings under

4 the control of the Board of Trustees of Illinois State

5 University for events that the Board may determine are public

6 events and not student-related activities. The Board of

7 Trustees shall issue a written policy within 6 months after

8 March 1, 2013 (the effective date of Public Act 97-1166)

9 concerning the types of events that would be eligible for an

10 exemption. Thereafter, the Board of Trustees may issue

11 revised, updated, new, or amended policies as it deems

12 necessary and appropriate. In preparing its written policy,

13 the Board of Trustees shall, in addition to other factors it

14 considers relevant and important, give consideration to the

15 following: (i) whether the event is a student activity or

16 student-related activity; (ii) whether the physical setting of

17 the event is conducive to control of liquor sales and

18 distribution; (iii) the ability of the event operator to

19 ensure that the sale or serving of alcoholic liquors and the

20 demeanor of the participants are in accordance with State law

21 and University policies; (iv) the anticipated attendees at the

22 event and the relative proportion of individuals under the age

23 of 21 to individuals age 21 or older; (v) the ability of the

24 venue operator to prevent the sale or distribution of

25 alcoholic liquors to individuals under the age of 21; (vi)

26 whether the event prohibits participants from removing

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1 alcoholic beverages from the venue; and (vii) whether the

2 event prohibits participants from providing their own

3 alcoholic liquors to the venue.

4 Alcoholic liquors may be served or sold in buildings under

5 the control of the Board of Trustees of Southern Illinois

6 University for events that the Board may determine are public

7 events and not student-related activities. The Board of

8 Trustees shall issue a written policy within 6 months after

9 August 12, 2016 (the effective date of Public Act 99-795)

10 concerning the types of events that would be eligible for an

11 exemption. Thereafter, the Board of Trustees may issue

12 revised, updated, new, or amended policies as it deems

13 necessary and appropriate. In preparing its written policy,

14 the Board of Trustees shall, in addition to other factors it

15 considers relevant and important, give consideration to the

16 following: (i) whether the event is a student activity or

17 student-related activity; (ii) whether the physical setting of

18 the event is conducive to control of liquor sales and

19 distribution; (iii) the ability of the event operator to

20 ensure that the sale or serving of alcoholic liquors and the

21 demeanor of the participants are in accordance with State law

22 and University policies; (iv) the anticipated attendees at the

23 event and the relative proportion of individuals under the age

24 of 21 to individuals age 21 or older; (v) the ability of the

25 venue operator to prevent the sale or distribution of

26 alcoholic liquors to individuals under the age of 21; (vi)

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1 whether the event prohibits participants from removing

2 alcoholic beverages from the venue; and (vii) whether the

3 event prohibits participants from providing their own

4 alcoholic liquors to the venue.

5 Alcoholic liquors may be served or sold in buildings under

6 the control of the Board of Trustees of a public university for

7 events that the Board of Trustees of that public university

8 may determine are public events and not student-related

9 activities. If the Board of Trustees of a public university

10 has not issued a written policy pursuant to an exemption under

11 this Section on or before July 15, 2016 (the effective date of

12 Public Act 99-550), then that Board of Trustees shall issue a

13 written policy within 6 months after July 15, 2016 (the

14 effective date of Public Act 99-550) concerning the types of

15 events that would be eligible for an exemption. Thereafter,

16 the Board of Trustees may issue revised, updated, new, or

17 amended policies as it deems necessary and appropriate. In

18 preparing its written policy, the Board of Trustees shall, in

19 addition to other factors it considers relevant and important,

20 give consideration to the following: (i) whether the event is

21 a student activity or student-related activity; (ii) whether

22 the physical setting of the event is conducive to control of

23 liquor sales and distribution; (iii) the ability of the event

24 operator to ensure that the sale or serving of alcoholic

25 liquors and the demeanor of the participants are in accordance

26 with State law and University policies; (iv) the anticipated

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1 attendees at the event and the relative proportion of

2 individuals under the age of 21 to individuals age 21 or older;

3 (v) the ability of the venue operator to prevent the sale or

4 distribution of alcoholic liquors to individuals under the age

5 of 21; (vi) whether the event prohibits participants from

6 removing alcoholic beverages from the venue; and (vii) whether

7 the event prohibits participants from providing their own

8 alcoholic liquors to the venue. As used in this paragraph,

9 "public university" means the University of Illinois, Illinois

10 State University, Chicago State University, Governors State

11 University, Southern Illinois University, Northern Illinois

12 University, Eastern Illinois University, Western Illinois

13 University, and Northeastern Illinois University.

14 Alcoholic liquors may be served or sold in buildings under

15 the control of the Board of Trustees of a community college

16 district for events that the Board of Trustees of that

17 community college district may determine are public events and

18 not student-related activities. The Board of Trustees shall

19 issue a written policy within 6 months after July 15, 2016 (the

20 effective date of Public Act 99-550) concerning the types of

21 events that would be eligible for an exemption. Thereafter,

22 the Board of Trustees may issue revised, updated, new, or

23 amended policies as it deems necessary and appropriate. In

24 preparing its written policy, the Board of Trustees shall, in

25 addition to other factors it considers relevant and important,

26 give consideration to the following: (i) whether the event is

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1 a student activity or student-related activity; (ii) whether

2 the physical setting of the event is conducive to control of

3 liquor sales and distribution; (iii) the ability of the event

4 operator to ensure that the sale or serving of alcoholic

5 liquors and the demeanor of the participants are in accordance

6 with State law and community college district policies; (iv)

7 the anticipated attendees at the event and the relative

8 proportion of individuals under the age of 21 to individuals

9 age 21 or older; (v) the ability of the venue operator to

10 prevent the sale or distribution of alcoholic liquors to

11 individuals under the age of 21; (vi) whether the event

12 prohibits participants from removing alcoholic beverages from

13 the venue; and (vii) whether the event prohibits participants

14 from providing their own alcoholic liquors to the venue. This

15 paragraph does not apply to any community college district

16 authorized to sell or serve alcoholic liquor under any other

17 provision of this Section.

18 Alcoholic liquor may be delivered to and sold at retail in

19 the Dorchester Senior Business Center owned by the Village of

20 Dolton if the alcoholic liquor is sold or dispensed only in

21 connection with organized functions for which the planned

22 attendance is 20 or more persons, and if the person or facility

23 selling or dispensing the alcoholic liquor has provided dram

24 shop liability insurance in maximum limits so as to hold

25 harmless the Village of Dolton and the State from all

26 financial loss, damage and harm.

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1 Alcoholic liquors may be delivered to and sold at retail

2 in any building used as an Illinois State Armory provided:

3 (i) the Adjutant General's written consent to the

4 issuance of a license to sell alcoholic liquor in such

5 building is filed with the Commission;

6 (ii) the alcoholic liquor is sold or dispensed only in

7 connection with organized functions held on special

8 occasions;

9 (iii) the organized function is one for which the

10 planned attendance is 25 or more persons; and

11 (iv) the facility selling or dispensing the alcoholic

12 liquors has provided dram shop liability insurance in

13 maximum limits so as to save harmless the facility and the

14 State from all financial loss, damage or harm.

15 Alcoholic liquors may be delivered to and sold at retail

16 in the Chicago Civic Center, provided that:

17 (i) the written consent of the Public Building

18 Commission which administers the Chicago Civic Center is

19 filed with the Commission;

20 (ii) the alcoholic liquor is sold or dispensed only in

21 connection with organized functions held on special

22 occasions;

23 (iii) the organized function is one for which the

24 planned attendance is 25 or more persons;

25 (iv) the facility selling or dispensing the alcoholic

26 liquors has provided dram shop liability insurance in

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1 maximum limits so as to hold harmless the Civic Center,

2 the City of Chicago and the State from all financial loss,

3 damage or harm; and

4 (v) all applicable local ordinances are complied with.

5 Alcoholic liquors may be delivered or sold in any building

6 belonging to or under the control of any city, village or

7 incorporated town where more than 75% of the physical

8 properties of the building is used for commercial or

9 recreational purposes, and the building is located upon a pier

10 extending into or over the waters of a navigable lake or stream

11 or on the shore of a navigable lake or stream. In accordance

12 with a license issued under this Act, alcoholic liquor may be

13 sold, served, or delivered in buildings and facilities under

14 the control of the Department of Natural Resources during

15 events or activities lasting no more than 7 continuous days

16 upon the written approval of the Director of Natural Resources

17 acting as the controlling government authority. The Director

18 of Natural Resources may specify conditions on that approval,

19 including but not limited to requirements for insurance and

20 hours of operation. Notwithstanding any other provision of

21 this Act, alcoholic liquor sold by a United States Army Corps

22 of Engineers or Department of Natural Resources concessionaire

23 who was operating on June 1, 1991 for on-premises consumption

24 only is not subject to the provisions of Articles IV and IX.

25 Beer and wine may be sold on the premises of the Joliet Park

26 District Stadium owned by the Joliet Park District when

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1 written consent to the issuance of a license to sell beer and

2 wine in such premises is filed with the local liquor

3 commissioner by the Joliet Park District. Beer and wine may be

4 sold in buildings on the grounds of State veterans' homes when

5 written consent to the issuance of a license to sell beer and

6 wine in such buildings is filed with the Commission by the

7 Department of Veterans' Affairs, and the facility shall

8 provide dram shop liability in maximum insurance coverage

9 limits so as to save the facility harmless from all financial

10 loss, damage or harm. Such liquors may be delivered to and sold

11 at any property owned or held under lease by a Metropolitan

12 Pier and Exposition Authority or Metropolitan Exposition and

13 Auditorium Authority.

14 Beer and wine may be sold and dispensed at professional

15 sporting events and at professional concerts and other

16 entertainment events conducted on premises owned by the Forest

17 Preserve District of Kane County, subject to the control of

18 the District Commissioners and applicable local law, provided

19 that dram shop liability insurance is provided at maximum

20 coverage limits so as to hold the District harmless from all

21 financial loss, damage and harm.

22 Nothing in this Section shall preclude the sale or

23 delivery of beer and wine at a State or county fair or the sale

24 or delivery of beer or wine at a city fair in any otherwise

25 lawful manner.

26 Alcoholic liquors may be sold at retail in buildings in

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1 State parks under the control of the Department of Natural

2 Resources, provided:

3 a. the State park has overnight lodging facilities

4 with some restaurant facilities or, not having overnight

5 lodging facilities, has restaurant facilities which serve

6 complete luncheon and dinner or supper meals,

7 b. (blank), and

8 c. the alcoholic liquors are sold by the State park

9 lodge or restaurant concessionaire only during the hours

10 from 11 o'clock a.m. until 12 o'clock midnight.

11 Notwithstanding any other provision of this Act, alcoholic

12 liquor sold by the State park or restaurant concessionaire

13 is not subject to the provisions of Articles IV and IX.

14 Alcoholic liquors may be sold at retail in buildings on

15 properties under the control of the Division of Historic

16 Preservation of the Department of Natural Resources or the

17 Abraham Lincoln Presidential Library and Museum provided:

18 a. the property has overnight lodging facilities with

19 some restaurant facilities or, not having overnight

20 lodging facilities, has restaurant facilities which serve

21 complete luncheon and dinner or supper meals,

22 b. consent to the issuance of a license to sell

23 alcoholic liquors in the buildings has been filed with the

24 commission by the Division of Historic Preservation of the

25 Department of Natural Resources or the Abraham Lincoln

26 Presidential Library and Museum, and

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1 c. the alcoholic liquors are sold by the lodge or

2 restaurant concessionaire only during the hours from 11

3 o'clock a.m. until 12 o'clock midnight.

4 The sale of alcoholic liquors pursuant to this Section

5 does not authorize the establishment and operation of

6 facilities commonly called taverns, saloons, bars, cocktail

7 lounges, and the like except as a part of lodge and restaurant

8 facilities in State parks or golf courses owned by Forest

9 Preserve Districts with a population of less than 3,000,000 or

10 municipalities or park districts.

11 Alcoholic liquors may be sold at retail in the Springfield

12 Administration Building of the Department of Transportation

13 and the Illinois State Armory in Springfield; provided, that

14 the controlling government authority may consent to such sales

15 only if

16 a. the request is from a not-for-profit organization;

17 b. such sales would not impede normal operations of

18 the departments involved;

19 c. the not-for-profit organization provides dram shop

20 liability in maximum insurance coverage limits and agrees

21 to defend, save harmless and indemnify the State of

22 Illinois from all financial loss, damage or harm;

23 d. no such sale shall be made during normal working

24 hours of the State of Illinois; and

25 e. the consent is in writing.

26 Alcoholic liquors may be sold at retail in buildings in

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1 recreational areas of river conservancy districts under the

2 control of, or leased from, the river conservancy districts.

3 Such sales are subject to reasonable local regulations as

4 provided in Article IV; however, no such regulations may

5 prohibit or substantially impair the sale of alcoholic liquors

6 on Sundays or Holidays.

7 Alcoholic liquors may be provided in long term care

8 facilities owned or operated by a county under Division 5-21

9 or 5-22 of the Counties Code, when approved by the facility

10 operator and not in conflict with the regulations of the

11 Illinois Department of Public Health, to residents of the

12 facility who have had their consumption of the alcoholic

13 liquors provided approved in writing by a physician licensed

14 to practice medicine in all its branches.

15 Alcoholic liquors may be delivered to and dispensed in

16 State housing assigned to employees of the Department of

17 Corrections. No person shall furnish or allow to be furnished

18 any alcoholic liquors to any prisoner confined in any jail,

19 reformatory, prison or house of correction except upon a

20 physician's prescription for medicinal purposes.

21 Alcoholic liquors may be sold at retail or dispensed at

22 the Willard Ice Building in Springfield, at the State Library

23 in Springfield, and at Illinois State Museum facilities by (1)

24 an agency of the State, whether legislative, judicial or

25 executive, provided that such agency first obtains written

26 permission to sell or dispense alcoholic liquors from the

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1 controlling government authority, or by (2) a not-for-profit

2 organization, provided that such organization:

3 a. Obtains written consent from the controlling

4 government authority;

5 b. Sells or dispenses the alcoholic liquors in a

6 manner that does not impair normal operations of State

7 offices located in the building;

8 c. Sells or dispenses alcoholic liquors only in

9 connection with an official activity in the building;

10 d. Provides, or its catering service provides, dram

11 shop liability insurance in maximum coverage limits and in

12 which the carrier agrees to defend, save harmless and

13 indemnify the State of Illinois from all financial loss,

14 damage or harm arising out of the selling or dispensing of

15 alcoholic liquors.

16 Nothing in this Act shall prevent a not-for-profit

17 organization or agency of the State from employing the

18 services of a catering establishment for the selling or

19 dispensing of alcoholic liquors at authorized functions.

20 The controlling government authority for the Willard Ice

21 Building in Springfield shall be the Director of the

22 Department of Revenue. The controlling government authority

23 for Illinois State Museum facilities shall be the Director of

24 the Illinois State Museum. The controlling government

25 authority for the State Library in Springfield shall be the

26 Secretary of State.

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1 Alcoholic liquors may be delivered to and sold at retail

2 or dispensed at any facility, property or building under the

3 jurisdiction of the Division of Historic Preservation of the

4 Department of Natural Resources or the Abraham Lincoln

5 Presidential Library and Museum where the delivery, sale or

6 dispensing is by (1) an agency of the State, whether

7 legislative, judicial or executive, provided that such agency

8 first obtains written permission to sell or dispense alcoholic

9 liquors from a controlling government authority, or by (2) an

10 individual or organization provided that such individual or

11 organization:

12 a. Obtains written consent from the controlling

13 government authority;

14 b. Sells or dispenses the alcoholic liquors in a

15 manner that does not impair normal workings of State

16 offices or operations located at the facility, property or

17 building;

18 c. Sells or dispenses alcoholic liquors only in

19 connection with an official activity of the individual or

20 organization in the facility, property or building;

21 d. Provides, or its catering service provides, dram

22 shop liability insurance in maximum coverage limits and in

23 which the carrier agrees to defend, save harmless and

24 indemnify the State of Illinois from all financial loss,

25 damage or harm arising out of the selling or dispensing of

26 alcoholic liquors.

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1 The controlling government authority for the Division of

2 Historic Preservation of the Department of Natural Resources

3 shall be the Director of Natural Resources, and the

4 controlling government authority for the Abraham Lincoln

5 Presidential Library and Museum shall be the Executive

6 Director of the Abraham Lincoln Presidential Library and

7 Museum.

8 Alcoholic liquors may be delivered to and sold at retail

9 or dispensed for consumption at the Michael Bilandic Building

10 at 160 North LaSalle Street, Chicago IL 60601, after the

11 normal business hours of any child ~~day~~care or child care

12 facility located in the building, by (1) a commercial tenant

13 or subtenant conducting business on the premises under a lease

14 made pursuant to Section 405-315 of the Department of Central

15 Management Services Law (20 ILCS 405/405-315), provided that

16 such tenant or subtenant who accepts delivery of, sells, or

17 dispenses alcoholic liquors shall procure and maintain dram

18 shop liability insurance in maximum coverage limits and in

19 which the carrier agrees to defend, indemnify, and save

20 harmless the State of Illinois from all financial loss,

21 damage, or harm arising out of the delivery, sale, or

22 dispensing of alcoholic liquors, or by (2) an agency of the

23 State, whether legislative, judicial, or executive, provided

24 that such agency first obtains written permission to accept

25 delivery of and sell or dispense alcoholic liquors from the

26 Director of Central Management Services, or by (3) a

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1 not-for-profit organization, provided that such organization:

2 a. obtains written consent from the Department of

3 Central Management Services;

4 b. accepts delivery of and sells or dispenses the

5 alcoholic liquors in a manner that does not impair normal

6 operations of State offices located in the building;

7 c. accepts delivery of and sells or dispenses

8 alcoholic liquors only in connection with an official

9 activity in the building; and

10 d. provides, or its catering service provides, dram

11 shop liability insurance in maximum coverage limits and in

12 which the carrier agrees to defend, save harmless, and

13 indemnify the State of Illinois from all financial loss,

14 damage, or harm arising out of the selling or dispensing

15 of alcoholic liquors.

16 Nothing in this Act shall prevent a not-for-profit

17 organization or agency of the State from employing the

18 services of a catering establishment for the selling or

19 dispensing of alcoholic liquors at functions authorized by the

20 Director of Central Management Services.

21 Alcoholic liquors may be sold at retail or dispensed at

22 the James R. Thompson Center in Chicago, subject to the

23 provisions of Section 7.4 of the State Property Control Act,

24 and 222 South College Street in Springfield, Illinois by (1) a

25 commercial tenant or subtenant conducting business on the

26 premises under a lease or sublease made pursuant to Section

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1 405-315 of the Department of Central Management Services Law

2 (20 ILCS 405/405-315), provided that such tenant or subtenant

3 who sells or dispenses alcoholic liquors shall procure and

4 maintain dram shop liability insurance in maximum coverage

5 limits and in which the carrier agrees to defend, indemnify

6 and save harmless the State of Illinois from all financial

7 loss, damage or harm arising out of the sale or dispensing of

8 alcoholic liquors, or by (2) an agency of the State, whether

9 legislative, judicial or executive, provided that such agency

10 first obtains written permission to sell or dispense alcoholic

11 liquors from the Director of Central Management Services, or

12 by (3) a not-for-profit organization, provided that such

13 organization:

14 a. Obtains written consent from the Department of

15 Central Management Services;

16 b. Sells or dispenses the alcoholic liquors in a

17 manner that does not impair normal operations of State

18 offices located in the building;

19 c. Sells or dispenses alcoholic liquors only in

20 connection with an official activity in the building;

21 d. Provides, or its catering service provides, dram

22 shop liability insurance in maximum coverage limits and in

23 which the carrier agrees to defend, save harmless and

24 indemnify the State of Illinois from all financial loss,

25 damage or harm arising out of the selling or dispensing of

26 alcoholic liquors.

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1 Nothing in this Act shall prevent a not-for-profit

2 organization or agency of the State from employing the

3 services of a catering establishment for the selling or

4 dispensing of alcoholic liquors at functions authorized by the

5 Director of Central Management Services.

6 Alcoholic liquors may be sold or delivered at any facility

7 owned by the Illinois Sports Facilities Authority provided

8 that dram shop liability insurance has been made available in

9 a form, with such coverage and in such amounts as the Authority

10 reasonably determines is necessary.

11 Alcoholic liquors may be sold at retail or dispensed at

12 the Rockford State Office Building by (1) an agency of the

13 State, whether legislative, judicial or executive, provided

14 that such agency first obtains written permission to sell or

15 dispense alcoholic liquors from the Department of Central

16 Management Services, or by (2) a not-for-profit organization,

17 provided that such organization:

18 a. Obtains written consent from the Department of

19 Central Management Services;

20 b. Sells or dispenses the alcoholic liquors in a

21 manner that does not impair normal operations of State

22 offices located in the building;

23 c. Sells or dispenses alcoholic liquors only in

24 connection with an official activity in the building;

25 d. Provides, or its catering service provides, dram

26 shop liability insurance in maximum coverage limits and in

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1 which the carrier agrees to defend, save harmless and

2 indemnify the State of Illinois from all financial loss,

3 damage or harm arising out of the selling or dispensing of

4 alcoholic liquors.

5 Nothing in this Act shall prevent a not-for-profit

6 organization or agency of the State from employing the

7 services of a catering establishment for the selling or

8 dispensing of alcoholic liquors at functions authorized by the

9 Department of Central Management Services.

10 Alcoholic liquors may be sold or delivered in a building

11 that is owned by McLean County, situated on land owned by the

12 county in the City of Bloomington, and used by the McLean

13 County Historical Society if the sale or delivery is approved

14 by an ordinance adopted by the county board, and the

15 municipality in which the building is located may not prohibit

16 that sale or delivery, notwithstanding any other provision of

17 this Section. The regulation of the sale and delivery of

18 alcoholic liquor in a building that is owned by McLean County,

19 situated on land owned by the county, and used by the McLean

20 County Historical Society as provided in this paragraph is an

21 exclusive power and function of the State and is a denial and

22 limitation under Article VII, Section 6, subsection (h) of the

23 Illinois Constitution of the power of a home rule municipality

24 to regulate that sale and delivery.

25 Alcoholic liquors may be sold or delivered in any building

26 situated on land held in trust for any school district

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1 organized under Article 34 of the School Code, if the building

2 is not used for school purposes and if the sale or delivery is

3 approved by the board of education.

4 Alcoholic liquors may be delivered to and sold at retail

5 in any building owned by a public library district, provided

6 that the delivery and sale is approved by the board of trustees

7 of that public library district and is limited to library

8 fundraising events or programs of a cultural or educational

9 nature. Before the board of trustees of a public library

10 district may approve the delivery and sale of alcoholic

11 liquors, the board of trustees of the public library district

12 must have a written policy that has been approved by the board

13 of trustees of the public library district governing when and

14 under what circumstances alcoholic liquors may be delivered to

15 and sold at retail on property owned by that public library

16 district. The written policy must (i) provide that no

17 alcoholic liquor may be sold, distributed, or consumed in any

18 area of the library accessible to the general public during

19 the event or program, (ii) prohibit the removal of alcoholic

20 liquor from the venue during the event, and (iii) require that

21 steps be taken to prevent the sale or distribution of

22 alcoholic liquor to persons under the age of 21. Any public

23 library district that has alcoholic liquor delivered to or

24 sold at retail on property owned by the public library

25 district shall provide dram shop liability insurance in

26 maximum insurance coverage limits so as to save harmless the

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1 public library districts from all financial loss, damage, or

2 harm.

3 Alcoholic liquors may be sold or delivered in buildings

4 owned by the Community Building Complex Committee of Boone

5 County, Illinois if the person or facility selling or

6 dispensing the alcoholic liquor has provided dram shop

7 liability insurance with coverage and in amounts that the

8 Committee reasonably determines are necessary.

9 Alcoholic liquors may be sold or delivered in the building

10 located at 1200 Centerville Avenue in Belleville, Illinois and

11 occupied by either the Belleville Area Special Education

12 District or the Belleville Area Special Services Cooperative.

13 Alcoholic liquors may be delivered to and sold at the

14 Louis Joliet Renaissance Center, City Center Campus, located

15 at 214 N. Ottawa Street, Joliet, and the Food

16 Services/Culinary Arts Department facilities, Main Campus,

17 located at 1215 Houbolt Road, Joliet, owned by or under the

18 control of Joliet Junior College, Illinois Community College

19 District No. 525.

20 Alcoholic liquors may be delivered to and sold at Triton

21 College, Illinois Community College District No. 504.

22 Alcoholic liquors may be delivered to and sold at the

23 College of DuPage, Illinois Community College District No.

24 502.

25 Alcoholic liquors may be delivered to and sold on any

26 property owned, operated, or controlled by Lewis and Clark

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1 Community College, Illinois Community College District No.

2 536.

3 Alcoholic liquors may be delivered to and sold at the

4 building located at 446 East Hickory Avenue in Apple River,

5 Illinois, owned by the Apple River Fire Protection District,

6 and occupied by the Apple River Community Association if the

7 alcoholic liquor is sold or dispensed only in connection with

8 organized functions approved by the Apple River Community

9 Association for which the planned attendance is 20 or more

10 persons and if the person or facility selling or dispensing

11 the alcoholic liquor has provided dram shop liability

12 insurance in maximum limits so as to hold harmless the Apple

13 River Fire Protection District, the Village of Apple River,

14 and the Apple River Community Association from all financial

15 loss, damage, and harm.

16 Alcoholic liquors may be delivered to and sold at the

17 Sikia Restaurant, Kennedy King College Campus, located at 740

18 West 63rd Street, Chicago, and at the Food Services in the

19 Great Hall/Washburne Culinary Institute Department facility,

20 Kennedy King College Campus, located at 740 West 63rd Street,

21 Chicago, owned by or under the control of City Colleges of

22 Chicago, Illinois Community College District No. 508.

23 (Source: P.A. 99-78, eff. 7-20-15; 99-484, eff. 10-30-15;

24 99-550, eff. 7-15-16; 99-559, eff. 7-15-16; 99-795, eff.

25 8-12-16; 100-120, eff. 8-18-17; 100-201, eff. 8-18-17;

26 100-695, eff. 8-3-18.)

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1 Section 195. The Illinois Public Aid Code is amended by

2 changing Sections 5-19, 9-6, 9A-7, and 9A-11 as follows:

3 (305 ILCS 5/5-19) (from Ch. 23, par. 5-19)

4 Sec. 5-19. Healthy Kids Program.

5 (a) Any child under the age of 21 eligible to receive

6 Medical Assistance from the Illinois Department under Article

7 V of this Code shall be eligible for Early and Periodic

8 Screening, Diagnosis and Treatment services provided by the

9 Healthy Kids Program of the Illinois Department under the

10 Social Security Act, 42 U.S.C. 1396d(r).

11 (b) Enrollment of Children in Medicaid. The Illinois

12 Department shall provide for receipt and initial processing of

13 applications for Medical Assistance for all pregnant women and

14 children under the age of 21 at locations in addition to those

15 used for processing applications for cash assistance,

16 including disproportionate share hospitals, federally

17 qualified health centers and other sites as selected by the

18 Illinois Department.

19 (c) Healthy Kids Examinations. The Illinois Department

20 shall consider any examination of a child eligible for the

21 Healthy Kids services provided by a medical provider meeting

22 the requirements and complying with the rules and regulations

23 of the Illinois Department to be reimbursed as a Healthy Kids

24 examination.

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1 (d) Medical Screening Examinations.

2 (1) The Illinois Department shall insure Medicaid

3 coverage for periodic health, vision, hearing, and dental

4 screenings for children eligible for Healthy Kids services

5 scheduled from a child's birth up until the child turns 21

6 years. The Illinois Department shall pay for vision,

7 hearing, dental and health screening examinations for any

8 child eligible for Healthy Kids services by qualified

9 providers at intervals established by Department rules.

10 (2) The Illinois Department shall pay for an

11 interperiodic health, vision, hearing, or dental screening

12 examination for any child eligible for Healthy Kids

13 services whenever an examination is:

14 (A) requested by a child's parent, guardian, or

15 custodian, or is determined to be necessary or

16 appropriate by social services, developmental, health,

17 or educational personnel; or

18 (B) necessary for enrollment in school; or

19 (C) necessary for enrollment in a licensed child

20 ~~day~~care program, including Head Start; or

21 (D) necessary for placement in a licensed child

22 welfare facility, including a foster home, group home

23 or child care institution; or

24 (E) necessary for attendance at a camping program;

25 or

26 (F) necessary for participation in an organized

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1 athletic program; or

2 (G) necessary for enrollment in an early childhood

3 education program recognized by the Illinois State

4 Board of Education; or

5 (H) necessary for participation in a Women,

6 Infant, and Children (WIC) program; or

7 (I) deemed appropriate by the Illinois Department.

8 (e) Minimum Screening Protocols For Periodic Health

9 Screening Examinations. Health Screening Examinations must

10 include the following services:

11 (1) Comprehensive Health and Development Assessment

12 including:

13 (A) Development/Mental Health/Psychosocial

14 Assessment; and

15 (B) Assessment of nutritional status including

16 tests for iron deficiency and anemia for children at

17 the following ages: 9 months, 2 years, 8 years, and 18

18 years;

19 (2) Comprehensive unclothed physical exam;

20 (3) Appropriate immunizations at a minimum, as

21 required by the Secretary of the U.S. Department of Health

22 and Human Services under 42 U.S.C. 1396d(r).

23 (4) Appropriate laboratory tests including blood lead

24 levels appropriate for age and risk factors.

25 (A) Anemia test.

26 (B) Sickle cell test.

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1 (C) Tuberculin test at 12 months of age and every

2 1-2 years thereafter unless the treating health care

3 professional determines that testing is medically

4 contraindicated.

5 (D) Other -- The Illinois Department shall insure

6 that testing for HIV, drug exposure, and sexually

7 transmitted diseases is provided for as clinically

8 indicated.

9 (5) Health Education. The Illinois Department shall

10 require providers to provide anticipatory guidance as

11 recommended by the American Academy of Pediatrics.

12 (6) Vision Screening. The Illinois Department shall

13 require providers to provide vision screenings consistent

14 with those set forth in the Department of Public Health's

15 Administrative Rules.

16 (7) Hearing Screening. The Illinois Department shall

17 require providers to provide hearing screenings consistent

18 with those set forth in the Department of Public Health's

19 Administrative Rules.

20 (8) Dental Screening. The Illinois Department shall

21 require providers to provide dental screenings consistent

22 with those set forth in the Department of Public Health's

23 Administrative Rules.

24 (f) Covered Medical Services. The Illinois Department

25 shall provide coverage for all necessary health care,

26 diagnostic services, treatment and other measures to correct

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1 or ameliorate defects, physical and mental illnesses, and

2 conditions whether discovered by the screening services or not

3 for all children eligible for Medical Assistance under Article

4 V of this Code.

5 (g) Notice of Healthy Kids Services.

6 (1) The Illinois Department shall inform any child

7 eligible for Healthy Kids services and the child's family

8 about the benefits provided under the Healthy Kids

9 Program, including, but not limited to, the following:

10 what services are available under Healthy Kids, including

11 discussion of the periodicity schedules and immunization

12 schedules, that services are provided at no cost to

13 eligible children, the benefits of preventive health care,

14 where the services are available, how to obtain them, and

15 that necessary transportation and scheduling assistance is

16 available.

17 (2) The Illinois Department shall widely disseminate

18 information regarding the availability of the Healthy Kids

19 Program throughout the State by outreach activities which

20 shall include, but not be limited to, (i) the development

21 of cooperation agreements with local school districts,

22 public health agencies, clinics, hospitals and other

23 health care providers, including developmental disability

24 and mental health providers, and with charities, to notify

25 the constituents of each of the Program and assist

26 individuals, as feasible, with applying for the Program,

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1 (ii) using the media for public service announcements and

2 advertisements of the Program, and (iii) developing

3 posters advertising the Program for display in hospital

4 and clinic waiting rooms.

5 (3) The Illinois Department shall utilize accepted

6 methods for informing persons who are illiterate, blind,

7 deaf, or cannot understand the English language, including

8 but not limited to public services announcements and

9 advertisements in the foreign language media of radio,

10 television and newspapers.

11 (4) The Illinois Department shall provide notice of

12 the Healthy Kids Program to every child eligible for

13 Healthy Kids services and his or her family at the

14 following times:

15 (A) orally by the intake worker and in writing at

16 the time of application for Medical Assistance;

17 (B) at the time the applicant is informed that he

18 or she is eligible for Medical Assistance benefits;

19 and

20 (C) at least 20 days before the date of any

21 periodic health, vision, hearing, and dental

22 examination for any child eligible for Healthy Kids

23 services. Notice given under this subparagraph (C)

24 must state that a screening examination is due under

25 the periodicity schedules and must advise the eligible

26 child and his or her family that the Illinois

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1 Department will provide assistance in scheduling an

2 appointment and arranging medical transportation.

3 (h) Data Collection. The Illinois Department shall collect

4 data in a usable form to track utilization of Healthy Kids

5 screening examinations by children eligible for Healthy Kids

6 services, including but not limited to data showing screening

7 examinations and immunizations received, a summary of

8 follow-up treatment received by children eligible for Healthy

9 Kids services and the number of children receiving dental,

10 hearing and vision services.

11 (i) On and after July 1, 2012, the Department shall reduce

12 any rate of reimbursement for services or other payments or

13 alter any methodologies authorized by this Code to reduce any

14 rate of reimbursement for services or other payments in

15 accordance with Section 5-5e.

16 (j) To ensure full access to the benefits set forth in this

17 Section, on and after January 1, 2022, the Illinois Department

18 shall ensure that provider and hospital reimbursements for

19 immunization as required under this Section are no lower than

20 70% of the median regional maximum administration fee for the

21 State of Illinois as established by the U.S. Department of

22 Health and Human Services' Centers for Medicare and Medicaid

23 Services.

24 (Source: P.A. 102-43, eff. 7-6-21.)

25 (305 ILCS 5/9-6) (from Ch. 23, par. 9-6)

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1 Sec. 9-6. Job Search, Training and Work Programs. The

2 Illinois Department and local governmental units shall

3 initiate, promote and develop job search, training and work

4 programs which will provide employment for and contribute to

5 the training and experience of persons receiving aid under

6 Articles III, V, and VI.

7 The job search, training and work programs shall be

8 designed to preserve and improve the work habits and skills of

9 recipients for whom jobs are not otherwise immediately

10 available and to provide training and experience for

11 recipients who lack the skills required for such employment

12 opportunities as are or may become available. The Illinois

13 Department and local governmental unit shall determine by rule

14 those classes of recipients who shall be subject to

15 participation in such programs. If made subject to

16 participation, every applicant for or recipient of public aid

17 who is determined to be "able to engage in employment", as

18 defined by the Department or local governmental unit pursuant

19 to rules and regulations, for whom unsubsidized jobs are not

20 otherwise immediately available shall be required to

21 participate in any program established under this Section.

22 The Illinois Department shall establish with the Director

23 of Central Management Services an outreach and training

24 program designed to encourage and assist recipients

25 participating in job search, training and work programs to

26 participate in open competitive examinations for trainee and

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1 other entry level positions to maximize opportunities for

2 placement on open competitive eligible listings and referral

3 to State agencies for employment consideration.

4 The Department shall provide payment for transportation,

5 child care ~~day-care~~and Workers' Compensation costs which

6 occur for recipients as a result of participating in job

7 search, training and work programs as described in this

8 Section. The Department may decline to initiate such programs

9 in areas where eligible recipients would be so few in number as

10 to not economically justify such programs; and in this event

11 the Department shall not require persons in such areas to

12 participate in any job search, training, or work programs

13 whatsoever as a condition of their continued receipt of, or

14 application for, aid.

15 The programs may include, but shall not be limited to,

16 service in child care centers, in preschool programs as

17 teacher aides and in public health programs as home visitors

18 and health aides; the maintenance of or services required in

19 connection with public offices, buildings and grounds; state,

20 county and municipal hospitals, forest preserves, parks,

21 playgrounds, streets and highways, and other governmental

22 maintenance or construction directed toward environmental

23 improvement; and similar facilities.

24 The Illinois Department or local governmental units may

25 enter into agreements with local taxing bodies and private

26 not-for-profit organizations, agencies and institutions to

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1 provide for the supervision and administration of job search,

2 work and training projects authorized by this Section. Such

3 agreements shall stipulate the requirements for utilization of

4 recipients in such projects. In addition to any other

5 requirements dealing with the administration of these

6 programs, the Department shall assure, pursuant to rules and

7 regulations, that:

8 (a) Recipients may not displace regular employees.

9 (b) The maximum number of hours of mandatory work is 8

10 hours per day and 40 hours per week, not to exceed 120

11 hours per month.

12 (c) The maximum number of hours per month shall be

13 determined by dividing the recipient's benefits by the

14 federal minimum wage, rounded to the lowest full hour.

15 "Recipient's benefits" in this subsection includes: (i)

16 both cash assistance and food stamps provided to the

17 entire assistance unit or household by the Illinois

18 Department where the job search, work and training program

19 is administered by the Illinois Department and, where

20 federal programs are involved, includes all such cash

21 assistance and food stamps provided to the greatest extent

22 allowed by federal law; or (ii) includes only cash

23 assistance provided to the entire assistance unit by the

24 local governmental unit where the job search, work and

25 training program is administered by the local governmental

26 unit.

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1 (d) The recipient shall be provided or compensated for

2 transportation to and from the work location.

3 (e) Appropriate terms regarding recipient compensation

4 are met.

5 Local taxing bodies and private not-for-profit

6 organizations, agencies and institutions which utilize

7 recipients in job search, work and training projects

8 authorized by this Section are urged to include such

9 recipients in the formulation of their employment policies.

10 Unless directly paid by an employing local taxing body or

11 not-for-profit agency, a recipient participating in a work

12 project who meets all requirements set forth by the Illinois

13 Department shall receive credit towards his or her monthly

14 assistance benefits for work performed based upon the

15 applicable minimum wage rate. Where a recipient is paid

16 directly by an employing agency, the Illinois Department or

17 local governmental unit shall provide for payment to such

18 employing entity the appropriate amount of assistance benefits

19 to which the recipient would otherwise be entitled under this

20 Code.

21 The Illinois Department or its designee, including local

22 governmental units, may enter into agreements with the

23 agencies or institutions providing work under programs

24 established hereunder for payment to each such employer

25 (hereinafter called "public service employer") of all or a

26 portion of the wages to be paid to persons for the work

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1 performed and other appropriate costs.

2 If the number of persons receiving aid under Article VI is

3 insufficient to justify the establishment of job search,

4 training and work programs on a local basis by a local

5 governmental unit, or if for other good cause the

6 establishment of a local program is impractical or

7 unwarranted, the local governmental unit shall cooperate with

8 other local governmental units, with civic and non-profit

9 community agencies, and with the Illinois Department in

10 developing a program or programs which will jointly serve the

11 participating governmental units and agencies.

12 A local governmental unit receiving State funds shall

13 refer all recipients able to engage in employment to such job

14 search, training and work programs as are established, whether

15 within or without the governmental unit, and as are accessible

16 to persons receiving aid from the governmental unit. The

17 Illinois Department shall withhold allocation of state funds

18 to any governmental unit which fails or refuses to make such

19 referrals.

20 Participants in job search, training and work programs

21 shall be required to maintain current registration for regular

22 employment under Section 11-10 and to accept any bona fide

23 offer of regular employment. They shall likewise be required

24 to accept education, work and training opportunities available

25 to them under other provisions of this Code or Federal law. The

26 Illinois Department or local governmental unit shall provide

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1 by rule for periodic review of the circumstances of each

2 participant to determine the feasibility of his placement in

3 regular employment or other work, education and training

4 opportunities.

5 Moneys made available for public aid purposes under

6 Articles IV and VI may be expended to pay public service

7 employers all or a portion of the wages of public service

8 employees and other appropriate costs, to provide necessary

9 supervisory personnel and equipment, to purchase Workers'

10 Compensation Insurance or to pay Workers' Compensation claims,

11 and to provide transportation to and from work sites.

12 The Department shall provide through rules and regulations

13 for sanctions against applicants and recipients of aid under

14 this Code who fail to cooperate with the regulations and

15 requirements established pursuant to this Section. Such

16 sanctions may include the loss of eligibility to receive aid

17 under Article VI of this Code for up to 3 months.

18 The Department, in cooperation with a local governmental

19 unit, may maintain a roster of persons who are required to

20 participate in a local job search, training and work program.

21 In such cases, the roster shall be available for inspection by

22 employers for the selection of possible workers.

23 In addition to the programs authorized by this Section,

24 the Illinois Department is authorized to administer any job

25 search, training or work projects in conjunction with the

26 Federal Food Stamp Program, either under this Section or under

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1 other regulations required by the Federal government.

2 The Illinois Department may also administer pilot programs

3 to provide job search, training and work programs to

4 unemployed parents of children receiving child support

5 enforcement services under Article X of this Code.

6 (Source: P.A. 92-111, eff. 1-1-02; 92-590, eff. 7-1-02.)

7 (305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)

8 Sec. 9A-7. Good cause and pre-sanction process.

9 (a) The Department shall establish by rule what

10 constitutes good cause for failure to participate in

11 education, training and employment programs, failure to accept

12 suitable employment or terminating employment or reducing

13 earnings.

14 The Department shall establish, by rule, a pre-sanction

15 process to assist in resolving disputes over proposed

16 sanctions and in determining if good cause exists. Good cause

17 shall include, but not be limited to:

18 (1) temporary illness for its duration;

19 (2) court required appearance or temporary

20 incarceration;

21 (3) (blank);

22 (4) death in the family;

23 (5) (blank);

24 (6) (blank);

25 (7) (blank);

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1 (8) (blank);

2 (9) extreme inclement weather;

3 (10) (blank);

4 (11) lack of any support service even though the

5 necessary service is not specifically provided under the

6 Department program, to the extent the lack of the needed

7 service presents a significant barrier to participation;

8 (12) if an individual is engaged in employment or

9 training or both that is consistent with the employment

10 related goals of the program, if such employment and

11 training is later approved by Department staff;

12 (13) (blank);

13 (14) failure of Department staff to correctly forward

14 the information to other Department staff;

15 (15) failure of the participant to cooperate because

16 of attendance at a test or a mandatory class or function at

17 an educational program (including college), when an

18 education or training program is officially approved by

19 the Department;

20 (16) failure of the participant due to his or her

21 illiteracy;

22 (17) failure of the participant because it is

23 determined that he or she should be in a different

24 activity;

25 (18) non-receipt by the participant of a notice

26 advising him or her of a participation requirement. If the

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1 non-receipt of mail occurs frequently, the Department

2 shall explore an alternative means of providing notices of

3 participation requests to participants;

4 (19) (blank);

5 (20) non-comprehension of English, either written or

6 oral or both;

7 (21) (blank);

8 (22) (blank);

9 (23) child care (or adult day care for an

10 incapacitated individual living in the same home as a

11 dependent child) is necessary for the participation or

12 employment and such care is not available for a child

13 under age 13;

14 (24) failure to participate in an activity due to a

15 scheduled job interview, medical appointment for the

16 participant or a household member, or school appointment;

17 (25) if an individual or family is experiencing

18 homelessness; an individual or family is experiencing

19 homelessness if the individual or family: (i) lacks a

20 fixed, regular, and adequate nighttime residence, or

21 shares the housing of other persons due to the loss of

22 housing, economic hardship, or a similar reason; (ii) is

23 living in a motel, hotel, trailer park, or camping ground

24 due to the lack of alternative accommodations; (iii) is

25 living in an emergency or transitional shelter; (iv)

26 resides in a primary nighttime residence that is a public

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1 or private place not designed for or ordinarily used as a

2 regular sleeping accommodation for human beings; or (v) is

3 living in a car, park, public space, abandoned building,

4 substandard housing, bus, train station, or similar

5 settings;

6 (26) circumstances beyond the control of the

7 participant which prevent the participant from completing

8 program requirements;

9 (27) (blank);

10 (28) if an individual or family receives an eviction

11 notice;

12 (29) if an individual's or family's utilities are

13 disconnected;

14 (30) if an individual or family receives an utility

15 disconnection notice; or

16 (31) if an individual is exiting a publicly funded

17 institution or system of care (such as a health-care

18 facility, a mental health facility, foster care or other

19 youth facility, or correction program or institution)

20 without an option to move to a fixed, adequate night time

21 residence.

22 (b) (Blank).

23 (c)(1) The Department shall establish a reconciliation

24 procedure to assist in resolving disputes related to any

25 aspect of participation, including exemptions, good cause,

26 sanctions or proposed sanctions, supportive services,

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1 assessments, responsibility and service plans, assignment to

2 activities, suitability of employment, or refusals of offers

3 of employment. Through the reconciliation process the

4 Department shall have a mechanism to identify good cause,

5 ensure that the client is aware of the issue, and enable the

6 client to perform required activities without facing sanction.

7 (2) A participant may request reconciliation and receive

8 notice in writing of a meeting. At least one face-to-face

9 meeting may be scheduled to resolve misunderstandings or

10 disagreements related to program participation and situations

11 which may lead to a potential sanction. The meeting will

12 address the underlying reason for the dispute and plan a

13 resolution to enable the individual to participate in TANF

14 employment and work activity requirements.

15 (2.5) If the individual fails to appear at the

16 reconciliation meeting without good cause, the reconciliation

17 is unsuccessful and a sanction shall be imposed.

18 (3) The reconciliation process shall continue after it is

19 determined that the individual did not have good cause for

20 non-cooperation. Any necessary demonstration of cooperation on

21 the part of the participant will be part of the reconciliation

22 process. Failure to demonstrate cooperation will result in

23 immediate sanction.

24 (4) For the first instance of non-cooperation, if the

25 client reaches agreement to cooperate, the client shall be

26 allowed 30 days to demonstrate cooperation before any sanction

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1 activity may be imposed. In any subsequent instances of

2 non-cooperation, the client shall be provided the opportunity

3 to show good cause or remedy the situation by immediately

4 complying with the requirement.

5 (5) The Department shall document in the case record the

6 proceedings of the reconciliation and provide the client in

7 writing with a reconciliation agreement.

8 (6) If reconciliation resolves the dispute, no sanction

9 shall be imposed. If the client fails to comply with the

10 reconciliation agreement, the Department shall then

11 immediately impose the original sanction. If the dispute

12 cannot be resolved during reconciliation, a sanction shall not

13 be imposed until the reconciliation process is complete.

14 (Source: P.A. 101-103, eff. 7-19-19.)

15 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)

16 Sec. 9A-11. Child care.

17 (a) The General Assembly recognizes that families with

18 children need child care in order to work. Child care is

19 expensive and families with low incomes, including those who

20 are transitioning from welfare to work, often struggle to pay

21 the costs of child ~~day~~care. The General Assembly understands

22 the importance of helping low-income working families become

23 and remain self-sufficient. The General Assembly also believes

24 that it is the responsibility of families to share in the costs

25 of child care. It is also the preference of the General

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1 Assembly that all working poor families should be treated

2 equally, regardless of their welfare status.

3 (b) To the extent resources permit, the Illinois

4 Department shall provide child care services to parents or

5 other relatives as defined by rule who are working or

6 participating in employment or Department approved education

7 or training programs. At a minimum, the Illinois Department

8 shall cover the following categories of families:

9 (1) recipients of TANF under Article IV participating

10 in work and training activities as specified in the

11 personal plan for employment and self-sufficiency;

12 (2) families transitioning from TANF to work;

13 (3) families at risk of becoming recipients of TANF;

14 (4) families with special needs as defined by rule;

15 (5) working families with very low incomes as defined

16 by rule;

17 (6) families that are not recipients of TANF and that

18 need child care assistance to participate in education and

19 training activities;

20 (7) youth in care, as defined in Section 4d of the

21 Children and Family Services Act, who are parents,

22 regardless of income or whether they are working or

23 participating in Department-approved employment or

24 education or training programs. Any family that receives

25 child care assistance in accordance with this paragraph

26 shall receive one additional 12-month child care

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1 eligibility period after the parenting youth in care's

2 case with the Department of Children and Family Services

3 is closed, regardless of income or whether the parenting

4 youth in care is working or participating in

5 Department-approved employment or education or training

6 programs;

7 (8) families receiving Extended Family Support Program

8 services from the Department of Children and Family

9 Services, regardless of income or whether they are working

10 or participating in Department-approved employment or

11 education or training programs; and

12 (9) families with children under the age of 5 who have

13 an open intact family services case with the Department of

14 Children and Family Services. Any family that receives

15 child care assistance in accordance with this paragraph

16 shall remain eligible for child care assistance 6 months

17 after the child's intact family services case is closed,

18 regardless of whether the child's parents or other

19 relatives as defined by rule are working or participating

20 in Department approved employment or education or training

21 programs. The Department of Human Services, in

22 consultation with the Department of Children and Family

23 Services, shall adopt rules to protect the privacy of

24 families who are the subject of an open intact family

25 services case when such families enroll in child care

26 services. Additional rules shall be adopted to offer

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1 children who have an open intact family services case the

2 opportunity to receive an Early Intervention screening and

3 other services that their families may be eligible for as

4 provided by the Department of Human Services.

5 Beginning October 1, 2023, and every October 1 thereafter,

6 the Department of Children and Family Services shall report to

7 the General Assembly on the number of children who received

8 child care via vouchers paid for by the Department of Children

9 and Family Services during the preceding fiscal year. The

10 report shall include the ages of children who received child

11 care, the type of child care they received, and the number of

12 months they received child care.

13 The Department shall specify by rule the conditions of

14 eligibility, the application process, and the types, amounts,

15 and duration of services. Eligibility for child care benefits

16 and the amount of child care provided may vary based on family

17 size, income, and other factors as specified by rule.

18 The Department shall update the Child Care Assistance

19 Program Eligibility Calculator posted on its website to

20 include a question on whether a family is applying for child

21 care assistance for the first time or is applying for a

22 redetermination of eligibility.

23 A family's eligibility for child care services shall be

24 redetermined no sooner than 12 months following the initial

25 determination or most recent redetermination. During the

26 12-month periods, the family shall remain eligible for child

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1 care services regardless of (i) a change in family income,

2 unless family income exceeds 85% of State median income, or

3 (ii) a temporary change in the ongoing status of the parents or

4 other relatives, as defined by rule, as working or attending a

5 job training or educational program.

6 In determining income eligibility for child care benefits,

7 the Department annually, at the beginning of each fiscal year,

8 shall establish, by rule, one income threshold for each family

9 size, in relation to percentage of State median income for a

10 family of that size, that makes families with incomes below

11 the specified threshold eligible for assistance and families

12 with incomes above the specified threshold ineligible for

13 assistance. Through and including fiscal year 2007, the

14 specified threshold must be no less than 50% of the

15 then-current State median income for each family size.

16 Beginning in fiscal year 2008, the specified threshold must be

17 no less than 185% of the then-current federal poverty level

18 for each family size. Notwithstanding any other provision of

19 law or administrative rule to the contrary, beginning in

20 fiscal year 2019, the specified threshold for working families

21 with very low incomes as defined by rule must be no less than

22 185% of the then-current federal poverty level for each family

23 size. Notwithstanding any other provision of law or

24 administrative rule to the contrary, beginning in State fiscal

25 year 2022, the specified income threshold shall be no less

26 than 200% of the then-current federal poverty level for each

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1 family size.

2 In determining eligibility for assistance, the Department

3 shall not give preference to any category of recipients or

4 give preference to individuals based on their receipt of

5 benefits under this Code.

6 Nothing in this Section shall be construed as conferring

7 entitlement status to eligible families.

8 The Illinois Department is authorized to lower income

9 eligibility ceilings, raise parent co-payments, create waiting

10 lists, or take such other actions during a fiscal year as are

11 necessary to ensure that child care benefits paid under this

12 Article do not exceed the amounts appropriated for those child

13 care benefits. These changes may be accomplished by emergency

14 rule under Section 5-45 of the Illinois Administrative

15 Procedure Act, except that the limitation on the number of

16 emergency rules that may be adopted in a 24-month period shall

17 not apply.

18 The Illinois Department may contract with other State

19 agencies or child care organizations for the administration of

20 child care services.

21 (c) Payment shall be made for child care that otherwise

22 meets the requirements of this Section and applicable

23 standards of State and local law and regulation, including any

24 requirements the Illinois Department promulgates by rule in

25 addition to the licensure requirements promulgated by the

26 Department of Children and Family Services and Fire Prevention

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1 and Safety requirements promulgated by the Office of the State

2 Fire Marshal, and is provided in any of the following:

3 (1) a child care center which is licensed or exempt

4 from licensure pursuant to Section 2.09 of the Child Care

5 Act of 1969;

6 (2) a licensed child care home or home exempt from

7 licensing;

8 (3) a licensed group child care home;

9 (4) other types of child care, including child care

10 provided by relatives or persons living in the same home

11 as the child, as determined by the Illinois Department by

12 rule.

13 (c-5) Solely for the purposes of coverage under the

14 Illinois Public Labor Relations Act, child ~~and day~~ care home

15 providers, including licensed and license exempt,

16 participating in the Department's child care assistance

17 program shall be considered to be public employees and the

18 State of Illinois shall be considered to be their employer as

19 of January 1, 2006 (the effective date of Public Act 94-320),

20 but not before. The State shall engage in collective

21 bargaining with an exclusive representative of child ~~and day~~

22 care home providers participating in the child care assistance

23 program concerning their terms and conditions of employment

24 that are within the State's control. Nothing in this

25 subsection shall be understood to limit the right of families

26 receiving services defined in this Section to select child ~~and~~

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1 ~~day~~ care home providers or supervise them within the limits of

2 this Section. The State shall not be considered to be the

3 employer of child ~~and day~~ care home providers for any purposes

4 not specifically provided in Public Act 94-320, including, but

5 not limited to, purposes of vicarious liability in tort and

6 purposes of statutory retirement or health insurance benefits.

7 Child ~~and day~~ care home providers shall not be covered by the

8 State Employees Group Insurance Act of 1971.

9 In according child ~~and day~~ care home providers and their

10 selected representative rights under the Illinois Public Labor

11 Relations Act, the State intends that the State action

12 exemption to application of federal and State antitrust laws

13 be fully available to the extent that their activities are

14 authorized by Public Act 94-320.

15 (d) The Illinois Department shall establish, by rule, a

16 co-payment scale that provides for cost sharing by families

17 that receive child care services, including parents whose only

18 income is from assistance under this Code. The co-payment

19 shall be based on family income and family size and may be

20 based on other factors as appropriate. Co-payments may be

21 waived for families whose incomes are at or below the federal

22 poverty level.

23 (d-5) The Illinois Department, in consultation with its

24 Child Care and Development Advisory Council, shall develop a

25 plan to revise the child care assistance program's co-payment

26 scale. The plan shall be completed no later than February 1,

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1 2008, and shall include:

2 (1) findings as to the percentage of income that the

3 average American family spends on child care and the

4 relative amounts that low-income families and the average

5 American family spend on other necessities of life;

6 (2) recommendations for revising the child care

7 co-payment scale to assure that families receiving child

8 care services from the Department are paying no more than

9 they can reasonably afford;

10 (3) recommendations for revising the child care

11 co-payment scale to provide at-risk children with complete

12 access to Preschool for All and Head Start; and

13 (4) recommendations for changes in child care program

14 policies that affect the affordability of child care.

15 (e) (Blank).

16 (f) The Illinois Department shall, by rule, set rates to

17 be paid for the various types of child care. Child care may be

18 provided through one of the following methods:

19 (1) arranging the child care through eligible

20 providers by use of purchase of service contracts or

21 vouchers;

22 (2) arranging with other agencies and community

23 volunteer groups for non-reimbursed child care;

24 (3) (blank); or

25 (4) adopting such other arrangements as the Department

26 determines appropriate.

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1 (f-1) Within 30 days after June 4, 2018 (the effective

2 date of Public Act 100-587), the Department of Human Services

3 shall establish rates for child care providers that are no

4 less than the rates in effect on January 1, 2018 increased by

5 4.26%.

6 (f-5) (Blank).

7 (g) Families eligible for assistance under this Section

8 shall be given the following options:

9 (1) receiving a child care certificate issued by the

10 Department or a subcontractor of the Department that may

11 be used by the parents as payment for child care and

12 development services only; or

13 (2) if space is available, enrolling the child with a

14 child care provider that has a purchase of service

15 contract with the Department or a subcontractor of the

16 Department for the provision of child care and development

17 services. The Department may identify particular priority

18 populations for whom they may request special

19 consideration by a provider with purchase of service

20 contracts, provided that the providers shall be permitted

21 to maintain a balance of clients in terms of household

22 incomes and families and children with special needs, as

23 defined by rule.

24 (Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;

25 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff.

26 5-27-22.)

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1 Section 200. The Abused and Neglected Child Reporting Act

2 is amended by changing Sections 2, 4, and 8.2 as follows:

3 (325 ILCS 5/2) (from Ch. 23, par. 2052)

4 Sec. 2. (a) The Illinois Department of Children and Family

5 Services shall, upon receiving reports made under this Act,

6 protect the health, safety, and best interests of the child in

7 all situations in which the child is vulnerable to child abuse

8 or neglect, offer protective services in order to prevent any

9 further harm to the child and to other children in the same

10 environment or family, stabilize the home environment, and

11 preserve family life whenever possible. Recognizing that

12 children also can be abused and neglected while living in

13 public or private residential agencies or institutions meant

14 to serve them, while attending child ~~day~~ care centers,

15 schools, or religious activities, or when in contact with

16 adults who are responsible for the welfare of the child at that

17 time, this Act also provides for the reporting and

18 investigation of child abuse and neglect in such instances. In

19 performing any of these duties, the Department may utilize

20 such protective services of voluntary agencies as are

21 available.

22 (b) The Department shall be responsible for receiving and

23 investigating reports of adult resident abuse or neglect under

24 the provisions of this Act.

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1 (Source: P.A. 96-1446, eff. 8-20-10.)

2 (325 ILCS 5/4)

3 Sec. 4. Persons required to report; privileged

4 communications; transmitting false report.

5 (a) The following persons are required to immediately

6 report to the Department when they have reasonable cause to

7 believe that a child known to them in their professional or

8 official capacities may be an abused child or a neglected

9 child:

10 (1) Medical personnel, including any: physician

11 licensed to practice medicine in any of its branches

12 (medical doctor or doctor of osteopathy); resident;

13 intern; medical administrator or personnel engaged in the

14 examination, care, and treatment of persons; psychiatrist;

15 surgeon; dentist; dental hygienist; chiropractic

16 physician; podiatric physician; physician assistant;

17 emergency medical technician; physical therapist; physical

18 therapy assistant; occupational therapist; occupational

19 therapy assistant; acupuncturist; registered nurse;

20 licensed practical nurse; advanced practice registered

21 nurse; genetic counselor; respiratory care practitioner;

22 home health aide; or certified nursing assistant.

23 (2) Social services and mental health personnel,

24 including any: licensed professional counselor; licensed

25 clinical professional counselor; licensed social worker;

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1 licensed clinical social worker; licensed psychologist or

2 assistant working under the direct supervision of a

3 psychologist; associate licensed marriage and family

4 therapist; licensed marriage and family therapist; field

5 personnel of the Departments of Healthcare and Family

6 Services, Public Health, Human Services, Human Rights, or

7 Children and Family Services; supervisor or administrator

8 of the General Assistance program established under

9 Article VI of the Illinois Public Aid Code; social

10 services administrator; or substance abuse treatment

11 personnel.

12 (3) Crisis intervention personnel, including any:

13 crisis line or hotline personnel; or domestic violence

14 program personnel.

15 (4) Education personnel, including any: school

16 personnel (including administrators and certified and

17 non-certified school employees); personnel of institutions

18 of higher education; educational advocate assigned to a

19 child in accordance with the School Code; member of a

20 school board or the Chicago Board of Education or the

21 governing body of a private school (but only to the extent

22 required under subsection (d)); or truant officer.

23 (5) Recreation or athletic program or facility

24 personnel; or an athletic trainer.

25 (6) Child care personnel, including any: early

26 intervention provider as defined in the Early Intervention

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1 Services System Act; director or staff assistant of a

2 nursery school or a child ~~day~~ care center; or foster

3 parent, homemaker, or child care worker.

4 (7) Law enforcement personnel, including any: law

5 enforcement officer; field personnel of the Department of

6 Juvenile Justice; field personnel of the Department of

7 Corrections; probation officer; or animal control officer

8 or field investigator of the Department of Agriculture's

9 Bureau of Animal Health and Welfare.

10 (8) Any funeral home director; funeral home director

11 and embalmer; funeral home employee; coroner; or medical

12 examiner.

13 (9) Any member of the clergy.

14 (10) Any physician, physician assistant, registered

15 nurse, licensed practical nurse, medical technician,

16 certified nursing assistant, licensed social worker,

17 licensed clinical social worker, or licensed professional

18 counselor of any office, clinic, licensed behavior

19 analyst, licensed assistant behavior analyst, or any other

20 physical location that provides abortions, abortion

21 referrals, or contraceptives.

22 (b) When 2 or more persons who work within the same

23 workplace and are required to report under this Act share a

24 reasonable cause to believe that a child may be an abused or

25 neglected child, one of those reporters may be designated to

26 make a single report. The report shall include the names and

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1 contact information for the other mandated reporters sharing

2 the reasonable cause to believe that a child may be an abused

3 or neglected child. The designated reporter must provide

4 written confirmation of the report to those mandated reporters

5 within 48 hours. If confirmation is not provided, those

6 mandated reporters are individually responsible for

7 immediately ensuring a report is made. Nothing in this Section

8 precludes or may be used to preclude any person from reporting

9 child abuse or child neglect.

10 (c)(1) As used in this Section, "a child known to them in

11 their professional or official capacities" means:

12 (A) the mandated reporter comes into contact with the

13 child in the course of the reporter's employment or

14 practice of a profession, or through a regularly scheduled

15 program, activity, or service;

16 (B) the mandated reporter is affiliated with an

17 agency, institution, organization, school, school

18 district, regularly established church or religious

19 organization, or other entity that is directly responsible

20 for the care, supervision, guidance, or training of the

21 child; or

22 (C) a person makes a specific disclosure to the

23 mandated reporter that an identifiable child is the victim

24 of child abuse or child neglect, and the disclosure

25 happens while the mandated reporter is engaged in his or

26 her employment or practice of a profession, or in a

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1 regularly scheduled program, activity, or service.

2 (2) Nothing in this Section requires a child to come

3 before the mandated reporter in order for the reporter to make

4 a report of suspected child abuse or child neglect.

5 (d) If an allegation is raised to a school board member

6 during the course of an open or closed school board meeting

7 that a child who is enrolled in the school district of which he

8 or she is a board member is an abused child as defined in

9 Section 3 of this Act, the member shall direct or cause the

10 school board to direct the superintendent of the school

11 district or other equivalent school administrator to comply

12 with the requirements of this Act concerning the reporting of

13 child abuse. For purposes of this paragraph, a school board

14 member is granted the authority in his or her individual

15 capacity to direct the superintendent of the school district

16 or other equivalent school administrator to comply with the

17 requirements of this Act concerning the reporting of child

18 abuse.

19 Notwithstanding any other provision of this Act, if an

20 employee of a school district has made a report or caused a

21 report to be made to the Department under this Act involving

22 the conduct of a current or former employee of the school

23 district and a request is made by another school district for

24 the provision of information concerning the job performance or

25 qualifications of the current or former employee because he or

26 she is an applicant for employment with the requesting school

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1 district, the general superintendent of the school district to

2 which the request is being made must disclose to the

3 requesting school district the fact that an employee of the

4 school district has made a report involving the conduct of the

5 applicant or caused a report to be made to the Department, as

6 required under this Act. Only the fact that an employee of the

7 school district has made a report involving the conduct of the

8 applicant or caused a report to be made to the Department may

9 be disclosed by the general superintendent of the school

10 district to which the request for information concerning the

11 applicant is made, and this fact may be disclosed only in cases

12 where the employee and the general superintendent have not

13 been informed by the Department that the allegations were

14 unfounded. An employee of a school district who is or has been

15 the subject of a report made pursuant to this Act during his or

16 her employment with the school district must be informed by

17 that school district that if he or she applies for employment

18 with another school district, the general superintendent of

19 the former school district, upon the request of the school

20 district to which the employee applies, shall notify that

21 requesting school district that the employee is or was the

22 subject of such a report.

23 (e) Whenever such person is required to report under this

24 Act in his capacity as a member of the staff of a medical or

25 other public or private institution, school, facility or

26 agency, or as a member of the clergy, he shall make report

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1 immediately to the Department in accordance with the

2 provisions of this Act and may also notify the person in charge

3 of such institution, school, facility or agency, or church,

4 synagogue, temple, mosque, or other religious institution, or

5 his designated agent that such report has been made. Under no

6 circumstances shall any person in charge of such institution,

7 school, facility or agency, or church, synagogue, temple,

8 mosque, or other religious institution, or his designated

9 agent to whom such notification has been made, exercise any

10 control, restraint, modification or other change in the report

11 or the forwarding of such report to the Department.

12 (f) In addition to the persons required to report

13 suspected cases of child abuse or child neglect under this

14 Section, any other person may make a report if such person has

15 reasonable cause to believe a child may be an abused child or a

16 neglected child.

17 (g) The privileged quality of communication between any

18 professional person required to report and his patient or

19 client shall not apply to situations involving abused or

20 neglected children and shall not constitute grounds for

21 failure to report as required by this Act or constitute

22 grounds for failure to share information or documents with the

23 Department during the course of a child abuse or neglect

24 investigation. If requested by the professional, the

25 Department shall confirm in writing that the information or

26 documents disclosed by the professional were gathered in the

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1 course of a child abuse or neglect investigation.

2 The reporting requirements of this Act shall not apply to

3 the contents of a privileged communication between an attorney

4 and his or her client or to confidential information within

5 the meaning of Rule 1.6 of the Illinois Rules of Professional

6 Conduct relating to the legal representation of an individual

7 client.

8 A member of the clergy may claim the privilege under

9 Section 8-803 of the Code of Civil Procedure.

10 (h) Any office, clinic, or any other physical location

11 that provides abortions, abortion referrals, or contraceptives

12 shall provide to all office personnel copies of written

13 information and training materials about abuse and neglect and

14 the requirements of this Act that are provided to employees of

15 the office, clinic, or physical location who are required to

16 make reports to the Department under this Act, and instruct

17 such office personnel to bring to the attention of an employee

18 of the office, clinic, or physical location who is required to

19 make reports to the Department under this Act any reasonable

20 suspicion that a child known to him or her in his or her

21 professional or official capacity may be an abused child or a

22 neglected child.

23 (i) Any person who enters into employment on and after

24 July 1, 1986 and is mandated by virtue of that employment to

25 report under this Act, shall sign a statement on a form

26 prescribed by the Department, to the effect that the employee

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1 has knowledge and understanding of the reporting requirements

2 of this Act. On and after January 1, 2019, the statement shall

3 also include information about available mandated reporter

4 training provided by the Department. The statement shall be

5 signed prior to commencement of the employment. The signed

6 statement shall be retained by the employer. The cost of

7 printing, distribution, and filing of the statement shall be

8 borne by the employer.

9 (j) Persons required to report child abuse or child

10 neglect as provided under this Section must complete an

11 initial mandated reporter training, including a section on

12 implicit bias, within 3 months of their date of engagement in a

13 professional or official capacity as a mandated reporter, or

14 within the time frame of any other applicable State law that

15 governs training requirements for a specific profession, and

16 at least every 3 years thereafter. The initial requirement

17 only applies to the first time they engage in their

18 professional or official capacity. In lieu of training every 3

19 years, medical personnel, as listed in paragraph (1) of

20 subsection (a), must meet the requirements described in

21 subsection (k).

22 The mandated reporter trainings shall be in-person or

23 web-based, and shall include, at a minimum, information on the

24 following topics: (i) indicators for recognizing child abuse

25 and child neglect, as defined under this Act; (ii) the process

26 for reporting suspected child abuse and child neglect in

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1 Illinois as required by this Act and the required

2 documentation; (iii) responding to a child in a

3 trauma-informed manner; and (iv) understanding the response of

4 child protective services and the role of the reporter after a

5 call has been made. Child-serving organizations are encouraged

6 to provide in-person annual trainings.

7 The implicit bias section shall be in-person or web-based,

8 and shall include, at a minimum, information on the following

9 topics: (i) implicit bias and (ii) racial and ethnic

10 sensitivity. As used in this subsection, "implicit bias" means

11 the attitudes or internalized stereotypes that affect people's

12 perceptions, actions, and decisions in an unconscious manner

13 and that exist and often contribute to unequal treatment of

14 people based on race, ethnicity, gender identity, sexual

15 orientation, age, disability, and other characteristics. The

16 implicit bias section shall provide tools to adjust automatic

17 patterns of thinking and ultimately eliminate discriminatory

18 behaviors. During these trainings mandated reporters shall

19 complete the following: (1) a pretest to assess baseline

20 implicit bias levels; (2) an implicit bias training task; and

21 (3) a posttest to reevaluate bias levels after training. The

22 implicit bias curriculum for mandated reporters shall be

23 developed within one year after January 1, 2022 (the effective

24 date of Public Act 102-604) ~~this amendatory Act of the 102nd~~

25 ~~General Assembly~~ and shall be created in consultation with

26 organizations demonstrating expertise and or experience in the

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1 areas of implicit bias, youth and adolescent developmental

2 issues, prevention of child abuse, exploitation, and neglect,

3 culturally diverse family systems, and the child welfare

4 system.

5 The mandated reporter training, including a section on

6 implicit bias, shall be provided through the Department,

7 through an entity authorized to provide continuing education

8 for professionals licensed through the Department of Financial

9 and Professional Regulation, the State Board of Education, the

10 Illinois Law Enforcement Training Standards Board, or the

11 Illinois ~~Department of~~ State Police, or through an

12 organization approved by the Department to provide mandated

13 reporter training, including a section on implicit bias. The

14 Department must make available a free web-based training for

15 reporters.

16 Each mandated reporter shall report to his or her employer

17 and, when applicable, to his or her licensing or certification

18 board that he or she received the mandated reporter training.

19 The mandated reporter shall maintain records of completion.

20 Beginning January 1, 2021, if a mandated reporter receives

21 licensure from the Department of Financial and Professional

22 Regulation or the State Board of Education, and his or her

23 profession has continuing education requirements, the training

24 mandated under this Section shall count toward meeting the

25 licensee's required continuing education hours.

26 (k)(1) Medical personnel, as listed in paragraph (1) of

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1 subsection (a), who work with children in their professional

2 or official capacity, must complete mandated reporter training

3 at least every 6 years. Such medical personnel, if licensed,

4 must attest at each time of licensure renewal on their renewal

5 form that they understand they are a mandated reporter of

6 child abuse and neglect, that they are aware of the process for

7 making a report, that they know how to respond to a child in a

8 trauma-informed manner, and that they are aware of the role of

9 child protective services and the role of a reporter after a

10 call has been made.

11 (2) In lieu of repeated training, medical personnel, as

12 listed in paragraph (1) of subsection (a), who do not work with

13 children in their professional or official capacity, may

14 instead attest each time at licensure renewal on their renewal

15 form that they understand they are a mandated reporter of

16 child abuse and neglect, that they are aware of the process for

17 making a report, that they know how to respond to a child in a

18 trauma-informed manner, and that they are aware of the role of

19 child protective services and the role of a reporter after a

20 call has been made. Nothing in this paragraph precludes

21 medical personnel from completing mandated reporter training

22 and receiving continuing education credits for that training.

23 (l) The Department shall provide copies of this Act, upon

24 request, to all employers employing persons who shall be

25 required under the provisions of this Section to report under

26 this Act.

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1 (m) Any person who knowingly transmits a false report to

2 the Department commits the offense of disorderly conduct under

3 subsection (a)(7) of Section 26-1 of the Criminal Code of

4 2012. A violation of this provision is a Class 4 felony.

5 Any person who knowingly and willfully violates any

6 provision of this Section other than a second or subsequent

7 violation of transmitting a false report as described in the

8 preceding paragraph, is guilty of a Class A misdemeanor for a

9 first violation and a Class 4 felony for a second or subsequent

10 violation; except that if the person acted as part of a plan or

11 scheme having as its object the prevention of discovery of an

12 abused or neglected child by lawful authorities for the

13 purpose of protecting or insulating any person or entity from

14 arrest or prosecution, the person is guilty of a Class 4 felony

15 for a first offense and a Class 3 felony for a second or

16 subsequent offense (regardless of whether the second or

17 subsequent offense involves any of the same facts or persons

18 as the first or other prior offense).

19 (n) A child whose parent, guardian or custodian in good

20 faith selects and depends upon spiritual means through prayer

21 alone for the treatment or cure of disease or remedial care may

22 be considered neglected or abused, but not for the sole reason

23 that his parent, guardian or custodian accepts and practices

24 such beliefs.

25 (o) A child shall not be considered neglected or abused

26 solely because the child is not attending school in accordance

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1 with the requirements of Article 26 of the School Code, as

2 amended.

3 (p) Nothing in this Act prohibits a mandated reporter who

4 reasonably believes that an animal is being abused or

5 neglected in violation of the Humane Care for Animals Act from

6 reporting animal abuse or neglect to the Department of

7 Agriculture's Bureau of Animal Health and Welfare.

8 (q) A home rule unit may not regulate the reporting of

9 child abuse or neglect in a manner inconsistent with the

10 provisions of this Section. This Section is a limitation under

11 subsection (i) of Section 6 of Article VII of the Illinois

12 Constitution on the concurrent exercise by home rule units of

13 powers and functions exercised by the State.

14 (r) For purposes of this Section "child abuse or neglect"

15 includes abuse or neglect of an adult resident as defined in

16 this Act.

17 (Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22;

18 102-861, eff. 1-1-23; 102-953, eff. 5-27-22; revised

19 12-14-22.)

20 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)

21 Sec. 8.2. If the Child Protective Service Unit determines,

22 following an investigation made pursuant to Section 7.4 of

23 this Act, that there is credible evidence that the child is

24 abused or neglected, the Department shall assess the family's

25 need for services, and, as necessary, develop, with the

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1 family, an appropriate service plan for the family's voluntary

2 acceptance or refusal. In any case where there is evidence

3 that the perpetrator of the abuse or neglect has a substance

4 use disorder as defined in the Substance Use Disorder Act, the

5 Department, when making referrals for drug or alcohol abuse

6 services, shall make such referrals to facilities licensed by

7 the Department of Human Services or the Department of Public

8 Health. The Department shall comply with Section 8.1 by

9 explaining its lack of legal authority to compel the

10 acceptance of services and may explain its concomitant

11 authority to petition the Circuit court under the Juvenile

12 Court Act of 1987 or refer the case to the local law

13 enforcement authority or State's attorney for criminal

14 prosecution.

15 For purposes of this Act, the term "family preservation

16 services" refers to all services to help families, including

17 adoptive and extended families. Family preservation services

18 shall be offered, where safe and appropriate, to prevent the

19 placement of children in substitute care when the children can

20 be cared for at home or in the custody of the person

21 responsible for the children's welfare without endangering the

22 children's health or safety, to reunite them with their

23 families if so placed when reunification is an appropriate

24 goal, or to maintain an adoptive placement. The term

25 "homemaker" includes emergency caretakers, homemakers,

26 caretakers, housekeepers and chore services. The term

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1 "counseling" includes individual therapy, infant stimulation

2 therapy, family therapy, group therapy, self-help groups, drug

3 and alcohol abuse counseling, vocational counseling and

4 post-adoptive services. The term "child ~~day~~ care" includes

5 protective child ~~day~~care andchild ~~day~~ care to meet

6 educational, prevocational or vocational needs. The term

7 "emergency assistance and advocacy" includes coordinated

8 services to secure emergency cash, food, housing and medical

9 assistance or advocacy for other subsistence and family

10 protective needs.

11 Before July 1, 2000, appropriate family preservation

12 services shall, subject to appropriation, be included in the

13 service plan if the Department has determined that those

14 services will ensure the child's health and safety, are in the

15 child's best interests, and will not place the child in

16 imminent risk of harm. Beginning July 1, 2000, appropriate

17 family preservation services shall be uniformly available

18 throughout the State. The Department shall promptly notify

19 children and families of the Department's responsibility to

20 offer and provide family preservation services as identified

21 in the service plan. Such plans may include but are not limited

22 to: case management services; homemakers; counseling; parent

23 education; child ~~day~~care; emergency assistance and advocacy

24 assessments; respite care; in-home health care; transportation

25 to obtain any of the above services; and medical assistance.

26 Nothing in this paragraph shall be construed to create a

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1 private right of action or claim on the part of any individual

2 or child welfare agency, except that when a child is the

3 subject of an action under Article II of the Juvenile Court Act

4 of 1987 and the child's service plan calls for services to

5 facilitate achievement of the permanency goal, the court

6 hearing the action under Article II of the Juvenile Court Act

7 of 1987 may order the Department to provide the services set

8 out in the plan, if those services are not provided with

9 reasonable promptness and if those services are available.

10 Each Department field office shall maintain on a local

11 basis directories of services available to children and

12 families in the local area where the Department office is

13 located.

14 The Department shall refer children and families served

15 pursuant to this Section to private agencies and governmental

16 agencies, where available.

17 Incentives that discourage or reward a decision to provide

18 family preservation services after a report is indicated or a

19 decision to refer a child for the filing of a petition under

20 Article II of the Juvenile Court Act of 1987 are strictly

21 prohibited and shall not be included in any contract, quality

22 assurance, or performance review process. Incentives include,

23 but are not limited to, monetary benefits, contingencies, and

24 enhanced or diminished performance reviews for individuals or

25 agencies.

26 Any decision regarding whether to provide family

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1 preservation services after an indicated report or to refer a

2 child for the filing of a petition under Article II of the

3 Juvenile Court Act of 1987 shall be based solely on the child's

4 health, safety, and best interests and on any applicable law.

5 If a difference of opinion exists between a private agency and

6 the Department regarding whether to refer for the filing of a

7 petition under Article II of the Juvenile Court Act of 1987,

8 the case shall be referred to the Deputy Director of Child

9 Protection for review and determination.

10 Any Department employee responsible for reviewing

11 contracts or program plans who is aware of a violation of this

12 Section shall immediately refer the matter to the Inspector

13 General of the Department.

14 Where there are 2 equal proposals from both a

15 not-for-profit and a for-profit agency to provide services,

16 the Department shall give preference to the proposal from the

17 not-for-profit agency.

18 No service plan shall compel any child or parent to engage

19 in any activity or refrain from any activity which is not

20 reasonably related to remedying a condition or conditions that

21 gave rise or which could give rise to any finding of child

22 abuse or neglect.

23 (Source: P.A. 100-759, eff. 1-1-19; 101-528, eff. 8-23-19.)

24 Section 205. The Missing Children Records Act is amended

25 by changing Section 5 as follows:

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1 (325 ILCS 50/5) (from Ch. 23, par. 2285)

2 Sec. 5. Duties of school or other entity.

3 (a) Upon notification by the Illinois State Police of a

4 person's disappearance, a school, preschool educational

5 program, child care facility, or child ~~day~~ care home or group

6 child ~~day~~care home in which the person is currently or was

7 previously enrolled shall flag the record of that person in

8 such a manner that whenever a copy of or information regarding

9 the record is requested, the school or other entity shall be

10 alerted to the fact that the record is that of a missing

11 person. The school or other entity shall immediately report to

12 the Illinois State Police any request concerning flagged

13 records or knowledge as to the whereabouts of any missing

14 person. Upon notification by the Illinois State Police that

15 the missing person has been recovered, the school or other

16 entity shall remove the flag from the person's record.

17 (b) (1) For every child enrolled in a particular

18 elementary or secondary school, public or private preschool

19 educational program, public or private child care facility

20 licensed under the Child Care Act of 1969, or child ~~day~~ care

21 home or group child ~~day~~ care home licensed under the Child Care

22 Act of 1969, that school or other entity shall notify in

23 writing the person enrolling the child that within 30 days he

24 must provide either (i) a certified copy of the child's birth

25 certificate or (ii) other reliable proof, as determined by the

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1 Illinois State Police, of the child's identity and age and an

2 affidavit explaining the inability to produce a copy of the

3 birth certificate. Other reliable proof of the child's

4 identity and age shall include a passport, visa or other

5 governmental documentation of the child's identity. When the

6 person enrolling the child provides the school or other entity

7 with a certified copy of the child's birth certificate, the

8 school or other entity shall promptly make a copy of the

9 certified copy for its records and return the original

10 certified copy to the person enrolling the child. Once a

11 school or other entity has been provided with a certified copy

12 of a child's birth certificate as required under item (i) of

13 this subdivision (b)(1), the school or other entity need not

14 request another such certified copy with respect to that child

15 for any other year in which the child is enrolled in that

16 school or other entity.

17 (2) Upon the failure of a person enrolling a child to

18 comply with subsection (b) (1), the school or other entity

19 shall immediately notify the Illinois State Police or local

20 law enforcement agency of such failure, and shall notify the

21 person enrolling the child in writing that he has 10

22 additional days to comply.

23 (3) The school or other entity shall immediately report to

24 the Illinois State Police any affidavit received pursuant to

25 this subsection which appears inaccurate or suspicious in form

26 or content.

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1 (c) Within 14 days after enrolling a transfer student, the

2 elementary or secondary school shall request directly from the

3 student's previous school a certified copy of his record. The

4 requesting school shall exercise due diligence in obtaining

5 the copy of the record requested. Any elementary or secondary

6 school requested to forward a copy of a transferring student's

7 record to the new school shall comply within 10 days of receipt

8 of the request unless the record has been flagged pursuant to

9 subsection (a), in which case the copy shall not be forwarded

10 and the requested school shall notify the Illinois State

11 Police or local law enforcement authority of the request.

12 (Source: P.A. 102-538, eff. 8-20-21.)

13 Section 210. The Mental Health and Developmental

14 Disabilities Code is amended by changing Section 1-111 as

15 follows:

16 (405 ILCS 5/1-111) (from Ch. 91 1/2, par. 1-111)

17 Sec. 1-111. "Habilitation" means an effort directed toward

18 the alleviation of a developmental disability or toward

19 increasing a person with a developmental disability's level of

20 physical, mental, social or economic functioning. Habilitation

21 may include, but is not limited to, diagnosis, evaluation,

22 medical services, residential care, child care and adult day

23 care, special living arrangements, training, education,

24 sheltered employment, protective services, counseling and

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1 other services provided to persons with a developmental

2 disability by developmental disabilities facilities.

3 (Source: P.A. 88-380.)

4 Section 215. The Epinephrine Injector Act is amended by

5 changing Section 5 as follows:

6 (410 ILCS 27/5)

7 Sec. 5. Definitions. As used in this Act:

8 "Administer" means to directly apply an epinephrine

9 injector to the body of an individual.

10 "Authorized entity" means any entity or organization,

11 other than a school covered under Section 22-30 of the School

12 Code, in connection with or at which allergens capable of

13 causing anaphylaxis may be present, including, but not limited

14 to, independent contractors who provide student transportation

15 to schools, recreation camps, colleges and universities, child

16 ~~day~~ care facilities, youth sports leagues, amusement parks,

17 restaurants, sports arenas, and places of employment. The

18 Department shall, by rule, determine what constitutes a child

19 ~~day~~ care facility under this definition.

20 "Department" means the Department of Public Health.

21 "Epinephrine injector" includes an auto-injector approved

22 by the United States Food and Drug Administration for the

23 administration of epinephrine and a pre-filled syringe

24 approved by the United States Food and Drug Administration and

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1 used for the administration of epinephrine that contains a

2 pre-measured dose of epinephrine that is equivalent to the

3 dosages used in an auto-injector.

4 "Health care practitioner" means a physician licensed to

5 practice medicine in all its branches under the Medical

6 Practice Act of 1987, a physician assistant under the

7 Physician Assistant Practice Act of 1987 with prescriptive

8 authority, or an advanced practice registered nurse with

9 prescribing authority under Article 65 of the Nurse Practice

10 Act.

11 "Pharmacist" has the meaning given to that term under

12 subsection (k-5) of Section 3 of the Pharmacy Practice Act.

13 "Undesignated epinephrine injector" means an epinephrine

14 injector prescribed in the name of an authorized entity.

15 (Source: P.A. 99-711, eff. 1-1-17; 100-513, eff. 1-1-18;

16 100-799, eff. 1-1-19.)

17 Section 220. The Lead Poisoning Prevention Act is amended

18 by changing Section 7.1 as follows:

19 (410 ILCS 45/7.1) (from Ch. 111 1/2, par. 1307.1)

20 Sec. 7.1. Requirements for child care facilities. Each

21 child ~~day~~ care center, child ~~day~~care home, preschool, nursery

22 school, kindergarten, or other child care facility, licensed

23 or approved by the State, including such programs operated by

24 a public school district, shall include a requirement that

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1 each parent or legal guardian of a child between one and 7

2 years of age provide a statement from a physician or health

3 care provider that the child has been assessed for risk of lead

4 poisoning or tested or both, as provided in Section 6.2. This

5 statement shall be provided prior to admission and

6 subsequently in conjunction with required physical

7 examinations.

8 Child care facilities that participate in the Illinois

9 Child Care Assistance Program (CCAP) shall annually send or

10 deliver to the parents or guardians of children enrolled in

11 the facility's care an informational pamphlet regarding

12 awareness of lead poisoning. Pamphlets shall be produced and

13 made available by the Department and shall be downloadable

14 from the Department's Internet website. The Department of

15 Human Services and the Department of Public Health shall

16 assist in the distribution of the pamphlet.

17 (Source: P.A. 98-690, eff. 1-1-15.)

18 Section 225. The Medical Patient Rights Act is amended by

19 changing Section 3.4 as follows:

20 (410 ILCS 50/3.4)

21 Sec. 3.4. Rights of women; pregnancy and childbirth.

22 (a) In addition to any other right provided under this

23 Act, every woman has the following rights with regard to

24 pregnancy and childbirth:

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1 (1) The right to receive health care before, during,

2 and after pregnancy and childbirth.

3 (2) The right to receive care for her and her infant

4 that is consistent with generally accepted medical

5 standards.

6 (3) The right to choose a certified nurse midwife or

7 physician as her maternity care professional.

8 (4) The right to choose her birth setting from the

9 full range of birthing options available in her community.

10 (5) The right to leave her maternity care professional

11 and select another if she becomes dissatisfied with her

12 care, except as otherwise provided by law.

13 (6) The right to receive information about the names

14 of those health care professionals involved in her care.

15 (7) The right to privacy and confidentiality of

16 records, except as provided by law.

17 (8) The right to receive information concerning her

18 condition and proposed treatment, including methods of

19 relieving pain.

20 (9) The right to accept or refuse any treatment, to

21 the extent medically possible.

22 (10) The right to be informed if her caregivers wish

23 to enroll her or her infant in a research study in

24 accordance with Section 3.1 of this Act.

25 (11) The right to access her medical records in

26 accordance with Section 8-2001 of the Code of Civil

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1 Procedure.

2 (12) The right to receive information in a language in

3 which she can communicate in accordance with federal law.

4 (13) The right to receive emotional and physical

5 support during labor and birth.

6 (14) The right to freedom of movement during labor and

7 to give birth in the position of her choice, within

8 generally accepted medical standards.

9 (15) The right to contact with her newborn, except

10 where necessary care must be provided to the mother or

11 infant.

12 (16) The right to receive information about

13 breastfeeding.

14 (17) The right to decide collaboratively with

15 caregivers when she and her baby will leave the birth site

16 for home, based on their conditions and circumstances.

17 (18) The right to be treated with respect at all times

18 before, during, and after pregnancy by her health care

19 professionals.

20 (19) The right of each patient, regardless of source

21 of payment, to examine and receive a reasonable

22 explanation of her total bill for services rendered by her

23 maternity care professional or health care provider,

24 including itemized charges for specific services received.

25 Each maternity care professional or health care provider

26 shall be responsible only for a reasonable explanation of

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1 those specific services provided by the maternity care

2 professional or health care provider.

3 (b) The Department of Public Health, Department of

4 Healthcare and Family Services, Department of Children and

5 Family Services, and Department of Human Services shall post,

6 either by physical or electronic means, information about

7 these rights on their publicly available websites. Every

8 health care provider, child ~~day~~ care center licensed under the

9 Child Care Act of 1969, Head Start, and community center shall

10 post information about these rights in a prominent place and

11 on their websites, if applicable.

12 (c) The Department of Public Health shall adopt rules to

13 implement this Section.

14 (d) Nothing in this Section or any rules adopted under

15 subsection (c) shall be construed to require a physician,

16 health care professional, hospital, hospital affiliate, or

17 health care provider to provide care inconsistent with

18 generally accepted medical standards or available capabilities

19 or resources.

20 (Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)

21 Section 230. The Compassionate Use of Medical Cannabis

22 Program Act is amended by changing Sections 105 and 130 as

23 follows:

24 (410 ILCS 130/105)

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1 Sec. 105. Requirements; prohibitions; penalties for

2 cultivation centers.

3 (a) The operating documents of a registered cultivation

4 center shall include procedures for the oversight of the

5 cultivation center, a cannabis plant monitoring system

6 including a physical inventory recorded weekly, a cannabis

7 container system including a physical inventory recorded

8 weekly, accurate record keeping, and a staffing plan.

9 (b) A registered cultivation center shall implement a

10 security plan reviewed by the Illinois State Police and

11 including but not limited to: facility access controls,

12 perimeter intrusion detection systems, personnel

13 identification systems, 24-hour surveillance system to monitor

14 the interior and exterior of the registered cultivation center

15 facility and accessible to authorized law enforcement and the

16 Department of Agriculture in real-time.

17 (c) A registered cultivation center may not be located

18 within 2,500 feet of the property line of a pre-existing

19 public or private preschool or elementary or secondary school

20 or child ~~day~~ care center, child ~~day~~ care home, group child ~~day~~

21 care home, part day child care facility, or an area zoned for

22 residential use.

23 (d) All cultivation of cannabis for distribution to a

24 registered dispensing organization must take place in an

25 enclosed, locked facility as it applies to cultivation centers

26 at the physical address provided to the Department of

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1 Agriculture during the registration process. The cultivation

2 center location shall only be accessed by the cultivation

3 center agents working for the registered cultivation center,

4 Department of Agriculture staff performing inspections,

5 Department of Public Health staff performing inspections, law

6 enforcement or other emergency personnel, and contractors

7 working on jobs unrelated to medical cannabis, such as

8 installing or maintaining security devices or performing

9 electrical wiring.

10 (e) A cultivation center may not sell or distribute any

11 cannabis to any individual or entity other than another

12 cultivation center, a dispensing organization registered under

13 this Act, or a laboratory licensed by the Department of

14 Agriculture.

15 (f) All harvested cannabis intended for distribution to a

16 dispensing organization must be packaged in a labeled medical

17 cannabis container and entered into a data collection system.

18 (g) No person who has been convicted of an excluded

19 offense may be a cultivation center agent.

20 (h) Registered cultivation centers are subject to random

21 inspection by the Illinois State Police.

22 (i) Registered cultivation centers are subject to random

23 inspections by the Department of Agriculture and the

24 Department of Public Health.

25 (j) A cultivation center agent shall notify local law

26 enforcement, the Illinois State Police, and the Department of

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1 Agriculture within 24 hours of the discovery of any loss or

2 theft. Notification shall be made by phone or in-person, or by

3 written or electronic communication.

4 (k) A cultivation center shall comply with all State and

5 federal rules and regulations regarding the use of pesticides.

6 (Source: P.A. 101-363, eff. 8-9-19; 102-538, eff. 8-20-21.)

7 (410 ILCS 130/130)

8 Sec. 130. Requirements; prohibitions; penalties;

9 dispensing organizations.

10 (a) The Department of Financial and Professional

11 Regulation shall implement the provisions of this Section by

12 rule.

13 (b) A dispensing organization shall maintain operating

14 documents which shall include procedures for the oversight of

15 the registered dispensing organization and procedures to

16 ensure accurate recordkeeping.

17 (c) A dispensing organization shall implement appropriate

18 security measures, as provided by rule, to deter and prevent

19 the theft of cannabis and unauthorized entrance into areas

20 containing cannabis.

21 (d) A dispensing organization may not be located within

22 1,000 feet of the property line of a pre-existing public or

23 private preschool or elementary or secondary school or child

24 ~~day~~ care center, child ~~day~~ care home, group child ~~day~~ care

25 home, or part day child care facility. A registered dispensing

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1 organization may not be located in a house, apartment,

2 condominium, or an area zoned for residential use. This

3 subsection shall not apply to any dispensing organizations

4 registered on or after July 1, 2019.

5 (e) A dispensing organization is prohibited from acquiring

6 cannabis from anyone other than a cultivation center, craft

7 grower, processing organization, another dispensing

8 organization, or transporting organization licensed or

9 registered under this Act or the Cannabis Regulation and Tax

10 Act. A dispensing organization is prohibited from obtaining

11 cannabis from outside the State of Illinois.

12 (f) A registered dispensing organization is prohibited

13 from dispensing cannabis for any purpose except to assist

14 registered qualifying patients with the medical use of

15 cannabis directly or through the qualifying patients'

16 designated caregivers.

17 (g) The area in a dispensing organization where medical

18 cannabis is stored can only be accessed by dispensing

19 organization agents working for the dispensing organization,

20 Department of Financial and Professional Regulation staff

21 performing inspections, law enforcement or other emergency

22 personnel, and contractors working on jobs unrelated to

23 medical cannabis, such as installing or maintaining security

24 devices or performing electrical wiring.

25 (h) A dispensing organization may not dispense more than

26 2.5 ounces of cannabis to a registered qualifying patient,

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1 directly or via a designated caregiver, in any 14-day period

2 unless the qualifying patient has a Department of Public

3 Health-approved quantity waiver. Any Department of Public

4 Health-approved quantity waiver process must be made available

5 to qualified veterans.

6 (i) Except as provided in subsection (i-5), before medical

7 cannabis may be dispensed to a designated caregiver or a

8 registered qualifying patient, a dispensing organization agent

9 must determine that the individual is a current cardholder in

10 the verification system and must verify each of the following:

11 (1) that the registry identification card presented to

12 the registered dispensing organization is valid;

13 (2) that the person presenting the card is the person

14 identified on the registry identification card presented

15 to the dispensing organization agent;

16 (3) (blank); and

17 (4) that the registered qualifying patient has not

18 exceeded his or her adequate supply.

19 (i-5) A dispensing organization may dispense medical

20 cannabis to an Opioid Alternative Pilot Program participant

21 under Section 62 and to a person presenting proof of

22 provisional registration under Section 55. Before dispensing

23 medical cannabis, the dispensing organization shall comply

24 with the requirements of Section 62 or Section 55, whichever

25 is applicable, and verify the following:

26 (1) that the written certification presented to the

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1 registered dispensing organization is valid and an

2 original document;

3 (2) that the person presenting the written

4 certification is the person identified on the written

5 certification; and

6 (3) that the participant has not exceeded his or her

7 adequate supply.

8 (j) Dispensing organizations shall ensure compliance with

9 this limitation by maintaining internal, confidential records

10 that include records specifying how much medical cannabis is

11 dispensed to the registered qualifying patient and whether it

12 was dispensed directly to the registered qualifying patient or

13 to the designated caregiver. Each entry must include the date

14 and time the cannabis was dispensed. Additional recordkeeping

15 requirements may be set by rule.

16 (k) The health care professional-patient privilege as set

17 forth by Section 8-802 of the Code of Civil Procedure shall

18 apply between a qualifying patient and a registered dispensing

19 organization and its agents with respect to communications and

20 records concerning qualifying patients' debilitating

21 conditions.

22 (l) A dispensing organization may not permit any person to

23 consume cannabis on the property of a medical cannabis

24 organization.

25 (m) A dispensing organization may not share office space

26 with or refer patients to a certifying health care

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1 professional.

2 (n) Notwithstanding any other criminal penalties related

3 to the unlawful possession of cannabis, the Department of

4 Financial and Professional Regulation may revoke, suspend,

5 place on probation, reprimand, refuse to issue or renew, or

6 take any other disciplinary or non-disciplinary action as the

7 Department of Financial and Professional Regulation may deem

8 proper with regard to the registration of any person issued

9 under this Act to operate a dispensing organization or act as a

10 dispensing organization agent, including imposing fines not to

11 exceed $10,000 for each violation, for any violations of this

12 Act and rules adopted in accordance with this Act. The

13 procedures for disciplining a registered dispensing

14 organization shall be determined by rule. All final

15 administrative decisions of the Department of Financial and

16 Professional Regulation are subject to judicial review under

17 the Administrative Review Law and its rules. The term

18 "administrative decision" is defined as in Section 3-101 of

19 the Code of Civil Procedure.

20 (o) Dispensing organizations are subject to random

21 inspection and cannabis testing by the Department of Financial

22 and Professional Regulation, the Illinois State Police, the

23 Department of Revenue, the Department of Public Health, the

24 Department of Agriculture, or as provided by rule.

25 (p) The Department of Financial and Professional

26 Regulation shall adopt rules permitting returns, and potential

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1 refunds, for damaged or inadequate products.

2 (q) The Department of Financial and Professional

3 Regulation may issue nondisciplinary citations for minor

4 violations which may be accompanied by a civil penalty not to

5 exceed $10,000 per violation. The penalty shall be a civil

6 penalty or other condition as established by rule. The

7 citation shall be issued to the licensee and shall contain the

8 licensee's name, address, and license number, a brief factual

9 statement, the Sections of the law or rule allegedly violated,

10 and the civil penalty, if any, imposed. The citation must

11 clearly state that the licensee may choose, in lieu of

12 accepting the citation, to request a hearing. If the licensee

13 does not dispute the matter in the citation with the

14 Department of Financial and Professional Regulation within 30

15 days after the citation is served, then the citation shall

16 become final and shall not be subject to appeal.

17 (Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.)

18 Section 235. The Coal Tar Sealant Disclosure Act is

19 amended by changing Section 10 as follows:

20 (410 ILCS 170/10)

21 (This Section may contain text from a Public Act with a

22 delayed effective date)

23 Sec. 10. Coal tar sealant disclosure; public schools.

24 (a) A public school, public school district, or child ~~day~~

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1 care shall provide written or telephonic notification to

2 parents and guardians of students and employees prior to any

3 application of a coal-tar based sealant product or a high

4 polycyclic aromatic hydrocarbon sealant product. The written

5 notification:

6 (1) may be included in newsletters, bulletins,

7 calendars, or other correspondence currently published by

8 the school district or child ~~day~~ care center;

9 (2) must be given at least 10 business days before the

10 application and should identify the intended date and

11 location of the application of the coal-tar based sealant

12 product or high polycyclic aromatic hydrocarbon sealant;

13 (3) must include the name and telephone contact number

14 for the school or child ~~day~~ care center personnel

15 responsible for the application; and

16 (4) must include any health hazards associated with

17 coal tar-based sealant product or high polycyclic aromatic

18 hydrocarbon sealant product, as provided by a

19 corresponding safety data sheet.

20 (b) Notwithstanding any provision of this Act or any other

21 law to the contrary, a public school or public school district

22 that bids a pavement engineering project using a coal

23 tar-based sealant product or high polycyclic aromatic

24 hydrocarbon sealant product for pavement engineering-related

25 use shall request a bid with an alternative for asphalt-based

26 or latex-based sealant product as a part of the engineering

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1 project. The public school or public school district shall

2 consider whether asphalt-based or latex-based sealant product

3 should be used for the project based upon costs and life cycle

4 costs that regard preserving pavements, product warranties,

5 and the benefits to public health and safety.

6 (c) The Department, in consultation with the State Board

7 of Education, shall conduct outreach to public schools and

8 public school districts to provide guidance for compliance

9 with the provisions of this Act.

10 (d) On or before May 1, 2023, the Department and the State

11 Board of Education shall post on their websites guidance on

12 screening for coal tar-based sealant product or high

13 polycyclic aromatic hydrocarbon sealant product, requirements

14 for a request for proposals, and requirements for disclosure.

15 (Source: P.A. 102-242, eff. 1-1-23.)

16 Section 240. The Child Vision and Hearing Test Act is

17 amended by changing Section 3 as follows:

18 (410 ILCS 205/3) (from Ch. 23, par. 2333)

19 Sec. 3. Vision and hearing screening services shall be

20 administered to all children as early as possible, but no

21 later than their first year in any public or private education

22 program, licensed child ~~day~~care center or residential

23 facility for children with disabilities; and periodically

24 thereafter, to identify those children with vision or hearing

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1 impairments or both so that such conditions can be managed or

2 treated.

3 (Source: P.A. 99-143, eff. 7-27-15.)

4 Section 245. The Food Handling Regulation Enforcement Act

5 is amended by changing Section 3.06 as follows:

6 (410 ILCS 625/3.06)

7 Sec. 3.06. Food handler training; restaurants.

8 (a) For the purpose of this Section, "restaurant" means

9 any business that is primarily engaged in the sale of

10 ready-to-eat food for immediate consumption. "Primarily

11 engaged" means having sales of ready-to-eat food for immediate

12 consumption comprising at least 51% of the total sales,

13 excluding the sale of liquor.

14 (b) Unless otherwise provided, all food handlers employed

15 by a restaurant, other than someone holding a food service

16 sanitation manager certificate, must receive or obtain

17 American National Standards Institute-accredited training in

18 basic safe food handling principles within 30 days after

19 employment and every 3 years thereafter. Notwithstanding the

20 provisions of Section 3.05 of this Act, food handlers employed

21 in nursing homes, licensed child ~~day~~ care homes and

22 facilities, hospitals, schools, and long-term care facilities

23 must renew their training every 3 years. There is no limit to

24 how many times an employee may take the training. The training

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1 indicated in subsections (e) and (f) of this Section is

2 transferable between employers, but not individuals. The

3 training indicated in subsections (c) and (d) of this Section

4 is not transferable between individuals or employers. Proof

5 that a food handler has been trained must be available upon

6 reasonable request by a State or local health department

7 inspector and may be provided electronically.

8 (c) If a business with an internal training program is

9 approved in another state prior to the effective date of this

10 amendatory Act of the 98th General Assembly, then the

11 business's training program and assessment shall be

12 automatically approved by the Department upon the business

13 providing proof that the program is approved in said state.

14 (d) The Department shall approve the training program of

15 any multi-state business or a franchisee, as defined in the

16 Franchise Disclosure Act of 1987, of any multi-state business

17 with a plan that follows the guidelines in subsection (b) of

18 Section 3.05 of this Act and is on file with the Department by

19 August 1, 2017.

20 (e) If an entity uses an American National Standards

21 Institute food handler training accredited program, that

22 training program shall be automatically approved by the

23 Department.

24 (f) Certified local health departments in counties serving

25 jurisdictions with a population of 100,000 or less, as

26 reported by the U.S. Census Bureau in the 2010 Census of

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1 Population, may have a training program. The training program

2 must meet the requirements of Section 3.05(b) and be approved

3 by the Department. This Section notwithstanding, certified

4 local health departments in the following counties may have a

5 training program:

6 (1) a county with a population of 677,560 as reported

7 by the U.S. Census Bureau in the 2010 Census of

8 Population;

9 (2) a county with a population of 308,760 as reported

10 by the U.S. Census Bureau in the 2010 Census of

11 Population;

12 (3) a county with a population of 515,269 as reported

13 by the U.S. Census Bureau in the 2010 Census of

14 Population;

15 (4) a county with a population of 114,736 as reported

16 by the U.S. Census Bureau in the 2010 Census of

17 Population;

18 (5) a county with a population of 110,768 as reported

19 by the U.S. Census Bureau in the 2010 Census of

20 Population;

21 (6) a county with a population of 135,394 as reported

22 by the U.S. Census Bureau in the 2010 Census of

23 Population.

24 The certified local health departments in paragraphs (1)

25 through (6) of this subsection (f) must have their training

26 programs on file with the Department no later than 90 days

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1 after the effective date of this Act. Any modules that meet the

2 requirements of subsection (b) of Section 3.05 of this Act and

3 are not approved within 180 days after the Department's

4 receipt of the application of the entity seeking to conduct

5 the training shall automatically be considered approved by the

6 Department.

7 (g) Any and all documents, materials, or information

8 related to a restaurant or business food handler training

9 module submitted to the Department is confidential and shall

10 not be open to public inspection or dissemination and is

11 exempt from disclosure under Section 7 of the Freedom of

12 Information Act. Training may be conducted by any means

13 available, including, but not limited to, on-line, computer,

14 classroom, live trainers, remote trainers, and certified food

15 service sanitation managers. There must be at least one

16 commercially available, approved food handler training module

17 at a cost of no more than $15 per employee; if an approved food

18 handler training module is not available at that cost, then

19 the provisions of this Section 3.06 shall not apply.

20 (h) The regulation of food handler training is considered

21 to be an exclusive function of the State, and local regulation

22 is prohibited. This subsection (h) is a denial and limitation

23 of home rule powers and functions under subsection (h) of

24 Section 6 of Article VII of the Illinois Constitution.

25 (i) The provisions of this Section apply beginning July 1,

26 2014. From July 1, 2014 through December 31, 2014, enforcement

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1 of the provisions of this Section shall be limited to

2 education and notification of requirements to encourage

3 compliance.

4 (Source: P.A. 99-62, eff. 7-16-15; 99-78, eff. 7-20-15;

5 100-367, eff. 8-25-17.)

6 Section 250. The Environmental Protection Act is amended

7 by changing Section 17.12 as follows:

8 (415 ILCS 5/17.12)

9 Sec. 17.12. Lead service line replacement and

10 notification.

11 (a) The purpose of this Act is to: (1) require the owners

12 and operators of community water supplies to develop,

13 implement, and maintain a comprehensive water service line

14 material inventory and a comprehensive lead service line

15 replacement plan, provide notice to occupants of potentially

16 affected buildings before any construction or repair work on

17 water mains or lead service lines, and request access to

18 potentially affected buildings before replacing lead service

19 lines; and (2) prohibit partial lead service line

20 replacements, except as authorized within this Section.

21 (b) The General Assembly finds and declares that:

22 (1) There is no safe level of exposure to heavy metal

23 lead, as found by the United States Environmental

24 Protection Agency and the Centers for Disease Control and

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1 Prevention.

2 (2) Lead service lines can convey this harmful

3 substance to the drinking water supply.

4 (3) According to the Illinois Environmental Protection

5 Agency's 2018 Service Line Material Inventory, the State

6 of Illinois is estimated to have over 680,000 lead-based

7 service lines still in operation.

8 (4) The true number of lead service lines is not fully

9 known because Illinois lacks an adequate inventory of lead

10 service lines.

11 (5) For the general health, safety and welfare of its

12 residents, all lead service lines in Illinois should be

13 disconnected from the drinking water supply, and the

14 State's drinking water supply.

15 (c) In this Section:

16 "Advisory Board" means the Lead Service Line Replacement

17 Advisory Board created under subsection (x).

18 "Community water supply" has the meaning ascribed to it in

19 Section 3.145 of this Act.

20 "Department" means the Department of Public Health.

21 "Emergency repair" means any unscheduled water main, water

22 service, or water valve repair or replacement that results

23 from failure or accident.

24 "Fund" means the Lead Service Line Replacement Fund

25 created under subsection (bb).

26 "Lead service line" means a service line made of lead or

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1 service line connected to a lead pigtail, lead gooseneck, or

2 other lead fitting.

3 "Material inventory" means a water service line material

4 inventory developed by a community water supply under this

5 Act.

6 "Non-community water supply" has the meaning ascribed to

7 it in Section 3.145 of the Environmental Protection Act.

8 "NSF/ANSI Standard" means a water treatment standard

9 developed by NSF International.

10 "Partial lead service line replacement" means replacement

11 of only a portion of a lead service line.

12 "Potentially affected building" means any building that is

13 provided water service through a service line that is either a

14 lead service line or a suspected lead service line.

15 "Public water supply" has the meaning ascribed to it in

16 Section 3.365 of this Act.

17 "Service line" means the piping, tubing, and necessary

18 appurtenances acting as a conduit from the water main or

19 source of potable water supply to the building plumbing at the

20 first shut-off valve or 18 inches inside the building,

21 whichever is shorter.

22 "Suspected lead service line" means a service line that a

23 community water supply finds more likely than not to be made of

24 lead after completing the requirements under paragraphs (2)

25 through (5) of subsection (h).

26 "Small system" means a community water supply that

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1 regularly serves water to 3,300 or fewer persons.

2 (d) An owner or operator of a community water supply

3 shall:

4 (1) develop an initial material inventory by April 15,

5 2022 and electronically submit by April 15, 2023 an

6 updated material inventory electronically to the Agency;

7 and

8 (2) deliver a complete material inventory to the

9 Agency no later than April 15, 2024, or such time as

10 required by federal law, whichever is sooner. The complete

11 inventory shall report the composition of all service

12 lines in the community water supply's distribution system.

13 (e) The Agency shall review and approve the final material

14 inventory submitted to it under subsection (d).

15 (f) If a community water supply does not submit a complete

16 inventory to the Agency by April 15, 2024 under paragraph (2)

17 of subsection (d), the community water supply may apply for an

18 extension to the Agency no less than 3 months prior to the due

19 date. The Agency shall develop criteria for granting material

20 inventory extensions. When considering requests for extension,

21 the Agency shall, at a minimum, consider:

22 (1) the number of service connections in a water

23 supply; and

24 (2) the number of service lines of an unknown material

25 composition.

26 (g) A material inventory prepared for a community water

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1 supply under subsection (d) shall identify:

2 (1) the total number of service lines connected to the

3 community water supply's distribution system;

4 (2) the materials of construction of each service line

5 connected to the community water supply's distribution

6 system;

7 (3) the number of suspected lead service lines that

8 were newly identified in the material inventory for the

9 community water supply after the community water supply

10 last submitted a service line inventory to the Agency; and

11 (4) the number of suspected or known lead service

12 lines that were replaced after the community water supply

13 last submitted a service line inventory to the Agency, and

14 the material of the service line that replaced each lead

15 service line.

16 When identifying the materials of construction under

17 paragraph (2) of this subsection, the owner or operator of the

18 community water supply shall to the best of the owner's or

19 operator's ability identify the type of construction material

20 used on the customer's side of the curb box, meter, or other

21 line of demarcation and the community water supply's side of

22 the curb box, meter, or other line of demarcation.

23 (h) In completing a material inventory under subsection

24 (d), the owner or operator of a community water supply shall:

25 (1) prioritize inspections of high-risk areas

26 identified by the community water supply and inspections

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1 of high-risk facilities, such as preschools, child ~~day~~

2 care centers, child ~~day~~ care homes, group child ~~day~~ care

3 homes, parks, playgrounds, hospitals, and clinics, and

4 confirm service line materials in those areas and at those

5 facilities;

6 (2) review historical documentation, such as

7 construction logs or cards, as-built drawings, purchase

8 orders, and subdivision plans, to determine service line

9 material construction;

10 (3) when conducting distribution system maintenance,

11 visually inspect service lines and document materials of

12 construction;

13 (4) identify any time period when the service lines

14 being connected to its distribution system were primarily

15 lead service lines, if such a time period is known or

16 suspected; and

17 (5) discuss service line repair and installation with

18 its employees, contractors, plumbers, other workers who

19 worked on service lines connected to its distribution

20 system, or all of the above.

21 (i) The owner or operator of each community water supply

22 shall maintain records of persons who refuse to grant access

23 to the interior of a building for purposes of identifying the

24 materials of construction of a service line. If a community

25 water supply has been denied access on the property or to the

26 interior of a building for that reason, then the community

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1 water supply shall attempt to identify the service line as a

2 suspected lead service line, unless documentation is provided

3 showing otherwise.

4 (j) If a community water supply identifies a lead service

5 line connected to a building, the owner or operator of the

6 community water supply shall attempt to notify the owner of

7 the building and all occupants of the building of the

8 existence of the lead service line within 15 days after

9 identifying the lead service line, or as soon as is reasonably

10 possible thereafter. Individual written notice shall be given

11 according to the provisions of subsection (jj).

12 (k) An owner or operator of a community water supply has no

13 duty to include in the material inventory required under

14 subsection (d) information about service lines that are

15 physically disconnected from a water main in its distribution

16 system.

17 (l) The owner or operator of each community water supply

18 shall post on its website a copy of the most recently submitted

19 material inventory or alternatively may request that the

20 Agency post a copy of that material inventory on the Agency's

21 website.

22 (m) Nothing in this Section shall be construed to require

23 service lines to be unearthed for the sole purpose of

24 inventorying.

25 (n) When an owner or operator of a community water supply

26 awards a contract under this Section, the owner or operator

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1 shall make a good faith effort to use contractors and vendors

2 owned by minority persons, women, and persons with a

3 disability, as those terms are defined in Section 2 of the

4 Business Enterprise for Minorities, Women, and Persons with

5 Disabilities Act, for not less than 20% of the total

6 contracts, provided that:

7 (1) contracts representing at least 11% of the total

8 projects shall be awarded to minority-owned businesses, as

9 defined in Section 2 of the Business Enterprise for

10 Minorities, Women, and Persons with Disabilities Act;

11 (2) contracts representing at least 7% of the total

12 projects shall be awarded to women-owned businesses, as

13 defined in Section 2 of the Business Enterprise for

14 Minorities, Women, and Persons with Disabilities Act; and

15 (3) contracts representing at least 2% of the total

16 projects shall be awarded to businesses owned by persons

17 with a disability.

18 Owners or operators of a community water supply are

19 encouraged to divide projects, whenever economically feasible,

20 into contracts of smaller size that ensure small business

21 contractors or vendors shall have the ability to qualify in

22 the applicable bidding process, when determining the ability

23 to deliver on a given contract based on scope and size, as a

24 responsible and responsive bidder.

25 When a contractor or vendor submits a bid or letter of

26 intent in response to a request for proposal or other bid

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1 submission, the contractor or vendor shall include with its

2 responsive documents a utilization plan that shall address how

3 compliance with applicable good faith requirements set forth

4 in this subsection shall be addressed.

5 Under this subsection, "good faith effort" means a

6 community water supply has taken all necessary steps to comply

7 with the goals of this subsection by complying with the

8 following:

9 (1) Soliciting through reasonable and available means

10 the interest of a business, as defined in Section 2 of the

11 Business Enterprise for Minorities, Women, and Persons

12 with Disabilities Act, that have the capability to perform

13 the work of the contract. The community water supply must

14 solicit this interest within sufficient time to allow

15 certified businesses to respond.

16 (2) Providing interested certified businesses with

17 adequate information about the plans, specifications, and

18 requirements of the contract, including addenda, in a

19 timely manner to assist them in responding to the

20 solicitation.

21 (3) Meeting in good faith with interested certified

22 businesses that have submitted bids.

23 (4) Effectively using the services of the State,

24 minority or women community organizations, minority or

25 women contractor groups, local, State, and federal

26 minority or women business assistance offices, and other

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1 organizations to provide assistance in the recruitment and

2 placement of certified businesses.

3 (5) Making efforts to use appropriate forums for

4 purposes of advertising subcontracting opportunities

5 suitable for certified businesses.

6 The diversity goals defined in this subsection can be met

7 through direct award to diverse contractors and through the

8 use of diverse subcontractors and diverse vendors to

9 contracts.

10 (o) An owner or operator of a community water supply shall

11 collect data necessary to ensure compliance with subsection

12 (n) no less than semi-annually and shall include progress

13 toward compliance of subsection (n) in the owner or operator's

14 report required under subsection (t-5). The report must

15 include data on vendor and employee diversity, including data

16 on the owner's or operator's implementation of subsection (n).

17 (p) Every owner or operator of a community water supply

18 that has known or suspected lead service lines shall:

19 (1) create a plan to:

20 (A) replace each lead service line connected to

21 its distribution system; and

22 (B) replace each galvanized service line connected

23 to its distribution system, if the galvanized service

24 line is or was connected downstream to lead piping;

25 and

26 (2) electronically submit, by April 15, 2024 its

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1 initial lead service line replacement plan to the Agency;

2 (3) electronically submit by April 15 of each year

3 after 2024 until April 15, 2027 an updated lead service

4 line replacement plan to the Agency for review; the

5 updated replacement plan shall account for changes in the

6 number of lead service lines or unknown service lines in

7 the material inventory described in subsection (d);

8 (4) electronically submit by April 15, 2027 a complete

9 and final replacement plan to the Agency for approval; the

10 complete and final replacement plan shall account for all

11 known and suspected lead service lines documented in the

12 final material inventory described under paragraph (3) of

13 subsection (d); and

14 (5) post on its website a copy of the plan most

15 recently submitted to the Agency or may request that the

16 Agency post a copy of that plan on the Agency's website.

17 (q) Each plan required under paragraph (1) of subsection

18 (p) shall include the following:

19 (1) the name and identification number of the

20 community water supply;

21 (2) the total number of service lines connected to the

22 distribution system of the community water supply;

23 (3) the total number of suspected lead service lines

24 connected to the distribution system of the community

25 water supply;

26 (4) the total number of known lead service lines

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1 connected to the distribution system of the community

2 water supply;

3 (5) the total number of lead service lines connected

4 to the distribution system of the community water supply

5 that have been replaced each year beginning in 2020;

6 (6) a proposed lead service line replacement schedule

7 that includes one-year, 5-year, 10-year, 15-year, 20-year,

8 25-year, and 30-year goals;

9 (7) an analysis of costs and financing options for

10 replacing the lead service lines connected to the

11 community water supply's distribution system, which shall

12 include, but shall not be limited to:

13 (A) a detailed accounting of costs associated with

14 replacing lead service lines and galvanized lines that

15 are or were connected downstream to lead piping;

16 (B) measures to address affordability and prevent

17 service shut-offs for customers or ratepayers; and

18 (C) consideration of different scenarios for

19 structuring payments between the utility and its

20 customers over time; and

21 (8) a plan for prioritizing high-risk facilities, such

22 as preschools, child ~~day~~ care centers, child ~~day~~ care

23 homes, group child ~~day~~ care homes, parks, playgrounds,

24 hospitals, and clinics, as well as high-risk areas

25 identified by the community water supply;

26 (9) a map of the areas where lead service lines are

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1 expected to be found and the sequence with which those

2 areas will be inventoried and lead service lines replaced;

3 (10) measures for how the community water supply will

4 inform the public of the plan and provide opportunity for

5 public comment; and

6 (11) measures to encourage diversity in hiring in the

7 workforce required to implement the plan as identified

8 under subsection (n).

9 (r) The Agency shall review final plans submitted to it

10 under subsection (p). The Agency shall approve a final plan if

11 the final plan includes all of the elements set forth under

12 subsection (q) and the Agency determines that:

13 (1) the proposed lead service line replacement

14 schedule set forth in the plan aligns with the timeline

15 requirements set forth under subsection (v);

16 (2) the plan prioritizes the replacement of lead

17 service lines that provide water service to high-risk

18 facilities, such as preschools, child ~~day~~ care centers,

19 child ~~day~~ care homes, group child ~~day~~ care homes, parks,

20 playgrounds, hospitals, and clinics, and high-risk areas

21 identified by the community water supply;

22 (3) the plan includes analysis of cost and financing

23 options; and

24 (4) the plan provides documentation of public review.

25 (s) An owner or operator of a community water supply has no

26 duty to include in the plans required under subsection (p)

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1 information about service lines that are physically

2 disconnected from a water main in its distribution system.

3 (t) If a community water supply does not deliver a

4 complete plan to the Agency by April 15, 2027, the community

5 water supply may apply to the Agency for an extension no less

6 than 3 months prior to the due date. The Agency shall develop

7 criteria for granting plan extensions. When considering

8 requests for extension, the Agency shall, at a minimum,

9 consider:

10 (1) the number of service connections in a water

11 supply; and

12 (2) the number of service lines of an unknown material

13 composition.

14 (t-5) After the Agency has approved the final replacement

15 plan described in subsection (p), the owner or operator of a

16 community water supply shall submit a report detailing

17 progress toward plan goals to the Agency for its review. The

18 report shall be submitted annually for the first 10 years, and

19 every 3 years thereafter until all lead service lines have

20 been replaced. Reports under this subsection shall be

21 published in the same manner described in subsection (l). The

22 report shall include at least the following information as it

23 pertains to the preceding reporting period:

24 (1) The number of lead service lines replaced and the

25 average cost of lead service line replacement.

26 (2) Progress toward meeting hiring requirements as

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1 described in subsection (n) and subsection (o).

2 (3) The percent of customers electing a waiver

3 offered, as described in subsections (ii) and (jj), among

4 those customers receiving a request or notification to

5 perform a lead service line replacement.

6 (4) The method or methods used by the community water

7 supply to finance lead service line replacement.

8 (u) Notwithstanding any other provision of law, in order

9 to provide for costs associated with lead service line

10 remediation and replacement, the corporate authorities of a

11 municipality may, by ordinance or resolution by the corporate

12 authorities, exercise authority provided in Section 27-5 et

13 seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,

14 8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,

15 11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes

16 levied for this purpose shall be in addition to taxes for

17 general purposes authorized under Section 8-3-1 of the

18 Illinois Municipal Code and shall be included in the taxing

19 district's aggregate extension for the purposes of Division 5

20 of Article 18 of the Property Tax Code.

21 (v) Every owner or operator of a community water supply

22 shall replace all known lead service lines, subject to the

23 requirements of subsection (ff), according to the following

24 replacement rates and timelines to be calculated from the date

25 of submission of the final replacement plan to the Agency:

26 (1) A community water supply reporting 1,200 or fewer

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1 lead service lines in its final inventory and replacement

2 plan shall replace all lead service lines, at an annual

3 rate of no less than 7% of the amount described in the

4 final inventory, with a timeline of up to 15 years for

5 completion.

6 (2) A community water supply reporting more than 1,200

7 but fewer than 5,000 lead service lines in its final

8 inventory and replacement plan shall replace all lead

9 service lines, at an annual rate of no less than 6% of the

10 amount described in the final inventory, with a timeline

11 of up to 17 years for completion.

12 (3) A community water supply reporting more than 4,999

13 but fewer than 10,000 lead service lines in its final

14 inventory and replacement plan shall replace all lead

15 service lines, at an annual rate of no less than 5% of the

16 amount described in the final inventory, with a timeline

17 of up to 20 years for completion.

18 (4) A community water supply reporting more than 9,999

19 but fewer than 99,999 lead service lines in its final

20 inventory and replacement plan shall replace all lead

21 service lines, at an annual rate of no less than 3% of the

22 amount described in the final inventory, with a timeline

23 of up to 34 years for completion.

24 (5) A community water supply reporting more than

25 99,999 lead service lines in its final inventory and

26 replacement plan shall replace all lead service lines, at

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1 an annual rate of no less than 2% of the amount described

2 in the final inventory, with a timeline of up to 50 years

3 for completion.

4 (w) A community water supply may apply to the Agency for an

5 extension to the replacement timelines described in paragraphs

6 (1) through (5) of subsection (v). The Agency shall develop

7 criteria for granting replacement timeline extensions. When

8 considering requests for timeline extensions, the Agency

9 shall, at a minimum, consider:

10 (1) the number of service connections in a water

11 supply; and

12 (2) unusual circumstances creating hardship for a

13 community.

14 The Agency may grant one extension of additional time

15 equal to not more than 20% of the original replacement

16 timeline, except in situations of extreme hardship in which

17 the Agency may consider a second additional extension equal to

18 not more than 10% of the original replacement timeline.

19 Replacement rates and timelines shall be calculated from

20 the date of submission of the final plan to the Agency.

21 (x) The Lead Service Line Replacement Advisory Board is

22 created within the Agency. The Advisory Board shall convene

23 within 120 days after January 1, 2022 (the effective date of

24 Public Act 102-613).

25 The Advisory Board shall consist of at least 28 voting

26 members, as follows:

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1 (1) the Director of the Agency, or his or her

2 designee, who shall serve as chairperson;

3 (2) the Director of Revenue, or his or her designee;

4 (3) the Director of Public Health, or his or her

5 designee;

6 (4) fifteen members appointed by the Agency as

7 follows:

8 (A) one member representing a statewide

9 organization of municipalities as authorized by

10 Section 1-8-1 of the Illinois Municipal Code;

11 (B) two members who are mayors representing

12 municipalities located in any county south of the

13 southernmost county represented by one of the 10

14 largest municipalities in Illinois by population, or

15 their respective designees;

16 (C) two members who are representatives from

17 public health advocacy groups;

18 (D) two members who are representatives from

19 publicly-owned water utilities;

20 (E) one member who is a representative from a

21 public utility as defined under Section 3-105 of the

22 Public Utilities Act that provides water service in

23 the State of Illinois;

24 (F) one member who is a research professional

25 employed at an Illinois academic institution and

26 specializing in water infrastructure research;

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1 (G) two members who are representatives from

2 nonprofit civic organizations;

3 (H) one member who is a representative from a

4 statewide organization representing environmental

5 organizations;

6 (I) two members who are representatives from

7 organized labor; and

8 (J) one member representing an environmental

9 justice organization; and

10 (5) ten members who are the mayors of the 10 largest

11 municipalities in Illinois by population, or their

12 respective designees.

13 No less than 10 of the 28 voting members shall be persons

14 of color, and no less than 3 shall represent communities

15 defined or self-identified as environmental justice

16 communities.

17 Advisory Board members shall serve without compensation,

18 but may be reimbursed for necessary expenses incurred in the

19 performance of their duties from funds appropriated for that

20 purpose. The Agency shall provide administrative support to

21 the Advisory Board.

22 The Advisory Board shall meet no less than once every 6

23 months.

24 (y) The Advisory Board shall have, at a minimum, the

25 following duties:

26 (1) advising the Agency on best practices in lead

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1 service line replacement;

2 (2) reviewing the progress of community water supplies

3 toward lead service line replacement goals;

4 (3) advising the Agency on other matters related to

5 the administration of the provisions of this Section;

6 (4) advising the Agency on the integration of existing

7 lead service line replacement plans with any statewide

8 plan; and

9 (5) providing technical support and practical

10 expertise in general.

11 (z) Within 18 months after January 1, 2022 (the effective

12 date of Public Act 102-613), the Advisory Board shall deliver

13 a report of its recommendations to the Governor and the

14 General Assembly concerning opportunities for dedicated,

15 long-term revenue options for funding lead service line

16 replacement. In submitting recommendations, the Advisory Board

17 shall consider, at a minimum, the following:

18 (1) the sufficiency of various revenue sources to

19 adequately fund replacement of all lead service lines in

20 Illinois;

21 (2) the financial burden, if any, on households

22 falling below 150% of the federal poverty limit;

23 (3) revenue options that guarantee low-income

24 households are protected from rate increases;

25 (4) an assessment of the ability of community water

26 supplies to assess and collect revenue;

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1 (5) variations in financial resources among individual

2 households within a service area; and

3 (6) the protection of low-income households from rate

4 increases.

5 (aa) Within 10 years after January 1, 2022 (the effective

6 date of Public Act 102-613), the Advisory Board shall prepare

7 and deliver a report to the Governor and General Assembly

8 concerning the status of all lead service line replacement

9 within the State.

10 (bb) The Lead Service Line Replacement Fund is created as

11 a special fund in the State treasury to be used by the Agency

12 for the purposes provided under this Section. The Fund shall

13 be used exclusively to finance and administer programs and

14 activities specified under this Section and listed under this

15 subsection.

16 The objective of the Fund is to finance activities

17 associated with identifying and replacing lead service lines,

18 build Agency capacity to oversee the provisions of this

19 Section, and provide related assistance for the activities

20 listed under this subsection.

21 The Agency shall be responsible for the administration of

22 the Fund and shall allocate moneys on the basis of priorities

23 established by the Agency through administrative rule. On July

24 1, 2022 and on July 1 of each year thereafter, the Agency shall

25 determine the available amount of resources in the Fund that

26 can be allocated to the activities identified under this

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1 Section and shall allocate the moneys accordingly.

2 Notwithstanding any other law to the contrary, the Lead

3 Service Line Replacement Fund is not subject to sweeps,

4 administrative charge-backs, or any other fiscal maneuver that

5 would in any way transfer any amounts from the Lead Service

6 Line Replacement Fund into any other fund of the State.

7 (cc) Within one year after January 1, 2022 (the effective

8 date of Public Act 102-613), the Agency shall design rules for

9 a program for the purpose of administering lead service line

10 replacement funds. The rules must, at minimum, contain:

11 (1) the process by which community water supplies may

12 apply for funding; and

13 (2) the criteria for determining unit of local

14 government eligibility and prioritization for funding,

15 including the prevalence of low-income households, as

16 measured by median household income, the prevalence of

17 lead service lines, and the prevalence of water samples

18 that demonstrate elevated levels of lead.

19 (dd) Funding under subsection (cc) shall be available for

20 costs directly attributable to the planning, design, or

21 construction directly related to the replacement of lead

22 service lines and restoration of property.

23 Funding shall not be used for the general operating

24 expenses of a municipality or community water supply.

25 (ee) An owner or operator of any community water supply

26 receiving grant funding under subsection (cc) shall bear the

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1 entire expense of full lead service line replacement for all

2 lead service lines in the scope of the grant.

3 (ff) When replacing a lead service line, the owner or

4 operator of the community water supply shall replace the

5 service line in its entirety, including, but not limited to,

6 any portion of the service line (i) running on private

7 property and (ii) within the building's plumbing at the first

8 shut-off valve. Partial lead service line replacements are

9 expressly prohibited. Exceptions shall be made under the

10 following circumstances:

11 (1) In the event of an emergency repair that affects a

12 lead service line or a suspected lead service line, a

13 community water supply must contact the building owner to

14 begin the process of replacing the entire service line. If

15 the building owner is not able to be contacted or the

16 building owner or occupant refuses to grant access and

17 permission to replace the entire service line at the time

18 of the emergency repair, then the community water supply

19 may perform a partial lead service line replacement. Where

20 an emergency repair on a service line constructed of lead

21 or galvanized steel pipe results in a partial service line

22 replacement, the water supply responsible for commencing

23 the repair shall perform the following:

24 (A) Notify the building's owner or operator and

25 the resident or residents served by the lead service

26 line in writing that a repair has been completed. The

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1 notification shall include, at a minimum:

2 (i) a warning that the work may result in

3 sediment, possibly containing lead, in the

4 buildings water supply system;

5 (ii) information concerning practices for

6 preventing the consumption of any lead in drinking

7 water, including a recommendation to flush water

8 distribution pipe during and after the completion

9 of the repair or replacement work and to clean

10 faucet aerator screens; and

11 (iii) information regarding the dangers of

12 lead to young children and pregnant women.

13 (B) Provide filters for at least one fixture

14 supplying potable water for consumption. The filter

15 must be certified by an accredited third-party

16 certification body to NSF/ANSI 53 and NSF/ANSI 42 for

17 the reduction of lead and particulate. The filter must

18 be provided until such time that the remaining

19 portions of the service line have been replaced with a

20 material approved by the Department or a waiver has

21 been issued under subsection (ii).

22 (C) Replace the remaining portion of the lead

23 service line within 30 days of the repair, or 120 days

24 in the event of weather or other circumstances beyond

25 reasonable control that prohibits construction. If a

26 complete lead service line replacement cannot be made

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1 within the required period, the community water supply

2 responsible for commencing the repair shall notify the

3 Department in writing, at a minimum, of the following

4 within 24 hours of the repair:

5 (i) an explanation of why it is not feasible

6 to replace the remaining portion of the lead

7 service line within the allotted time; and

8 (ii) a timeline for when the remaining portion

9 of the lead service line will be replaced.

10 (D) If complete repair of a lead service line

11 cannot be completed due to denial by the property

12 owner, the community water supply commencing the

13 repair shall request the affected property owner to

14 sign a waiver developed by the Department. If a

15 property owner of a nonresidential building or

16 residence operating as rental properties denies a

17 complete lead service line replacement, the property

18 owner shall be responsible for installing and

19 maintaining point-of-use filters certified by an

20 accredited third-party certification body to NSF/ANSI

21 53 and NSF/ANSI 42 for the reduction of lead and

22 particulate at all fixtures intended to supply water

23 for the purposes of drinking, food preparation, or

24 making baby formula. The filters shall continue to be

25 supplied by the property owner until such time that

26 the property owner has affected the remaining portions

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1 of the lead service line to be replaced.

2 (E) Document any remaining lead service line,

3 including a portion on the private side of the

4 property, in the community water supply's distribution

5 system materials inventory required under subsection

6 (d).

7 For the purposes of this paragraph (1), written notice

8 shall be provided in the method and according to the

9 provisions of subsection (jj).

10 (2) Lead service lines that are physically

11 disconnected from the distribution system are exempt from

12 this subsection.

13 (gg) Except as provided in subsection (hh), on and after

14 January 1, 2022, when the owner or operator of a community

15 water supply replaces a water main, the community water supply

16 shall identify all lead service lines connected to the water

17 main and shall replace the lead service lines by:

18 (1) identifying the material or materials of each lead

19 service line connected to the water main, including, but

20 not limited to, any portion of the service line (i)

21 running on private property and (ii) within the building

22 plumbing at the first shut-off valve or 18 inches inside

23 the building, whichever is shorter;

24 (2) in conjunction with replacement of the water main,

25 replacing any and all portions of each lead service line

26 connected to the water main that are composed of lead; and

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1 (3) if a property owner or customer refuses to grant

2 access to the property, following prescribed notice

3 provisions as outlined in subsection (ff).

4 If an owner of a potentially affected building intends to

5 replace a portion of a lead service line or a galvanized

6 service line and the galvanized service line is or was

7 connected downstream to lead piping, then the owner of the

8 potentially affected building shall provide the owner or

9 operator of the community water supply with notice at least 45

10 days before commencing the work. In the case of an emergency

11 repair, the owner of the potentially affected building must

12 provide filters for each kitchen area that are certified by an

13 accredited third-party certification body to NSF/ANSI 53 and

14 NSF/ANSI 42 for the reduction of lead and particulate. If the

15 owner of the potentially affected building notifies the owner

16 or operator of the community water supply that replacement of

17 a portion of the lead service line after the emergency repair

18 is completed, then the owner or operator of the community

19 water supply shall replace the remainder of the lead service

20 line within 30 days after completion of the emergency repair.

21 A community water supply may take up to 120 days if necessary

22 due to weather conditions. If a replacement takes longer than

23 30 days, filters provided by the owner of the potentially

24 affected building must be replaced in accordance with the

25 manufacturer's recommendations. Partial lead service line

26 replacements by the owners of potentially affected buildings

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1 are otherwise prohibited.

2 (hh) For municipalities with a population in excess of

3 1,000,000 inhabitants, the requirements of subsection (gg)

4 shall commence on January 1, 2023.

5 (ii) At least 45 days before conducting planned lead

6 service line replacement, the owner or operator of a community

7 water supply shall, by mail, attempt to contact the owner of

8 the potentially affected building serviced by the lead service

9 line to request access to the building and permission to

10 replace the lead service line in accordance with the lead

11 service line replacement plan. If the owner of the potentially

12 affected building does not respond to the request within 15

13 days after the request is sent, the owner or operator of the

14 community water supply shall attempt to post the request on

15 the entrance of the potentially affected building.

16 If the owner or operator of a community water supply is

17 unable to obtain approval to access and replace a lead service

18 line, the owner or operator of the community water supply

19 shall request that the owner of the potentially affected

20 building sign a waiver. The waiver shall be developed by the

21 Department and should be made available in the owner's

22 language. If the owner of the potentially affected building

23 refuses to sign the waiver or fails to respond to the community

24 water supply after the community water supply has complied

25 with this subsection, then the community water supply shall

26 notify the Department in writing within 15 working days.

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1 (jj) When replacing a lead service line or repairing or

2 replacing water mains with lead service lines or partial lead

3 service lines attached to them, the owner or operator of a

4 community water supply shall provide the owner of each

5 potentially affected building that is serviced by the affected

6 lead service lines or partial lead service lines, as well as

7 the occupants of those buildings, with an individual written

8 notice. The notice shall be delivered by mail or posted at the

9 primary entranceway of the building. The notice may, in

10 addition, be electronically mailed. Written notice shall

11 include, at a minimum, the following:

12 (1) a warning that the work may result in sediment,

13 possibly containing lead from the service line, in the

14 building's water;

15 (2) information concerning the best practices for

16 preventing exposure to or risk of consumption of lead in

17 drinking water, including a recommendation to flush water

18 lines during and after the completion of the repair or

19 replacement work and to clean faucet aerator screens; and

20 (3) information regarding the dangers of lead exposure

21 to young children and pregnant women.

22 When the individual written notice described in the first

23 paragraph of this subsection is required as a result of

24 planned work other than the repair or replacement of a water

25 meter, the owner or operator of the community water supply

26 shall provide the notice not less than 14 days before work

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1 begins. When the individual written notice described in the

2 first paragraph of this subsection is required as a result of

3 emergency repairs other than the repair or replacement of a

4 water meter, the owner or operator of the community water

5 supply shall provide the notice at the time the work is

6 initiated. When the individual written notice described in the

7 first paragraph of this subsection is required as a result of

8 the repair or replacement of a water meter, the owner or

9 operator of the community water supply shall provide the

10 notice at the time the work is initiated.

11 The notifications required under this subsection must

12 contain the following statement in Spanish, Polish, Chinese,

13 Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "This

14 notice contains important information about your water service

15 and may affect your rights. We encourage you to have this

16 notice translated in full into a language you understand and

17 before you make any decisions that may be required under this

18 notice."

19 An owner or operator of a community water supply that is

20 required under this subsection to provide an individual

21 written notice to the owner and occupant of a potentially

22 affected building that is a multi-dwelling building may

23 satisfy that requirement and the requirements of this

24 subsection regarding notification to non-English speaking

25 customers by posting the required notice on the primary

26 entranceway of the building and at the location where the

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1 occupant's mail is delivered as reasonably as possible.

2 When this subsection would require the owner or operator

3 of a community water supply to provide an individual written

4 notice to the entire community served by the community water

5 supply or would require the owner or operator of a community

6 water supply to provide individual written notices as a result

7 of emergency repairs or when the community water supply that

8 is required to comply with this subsection is a small system,

9 the owner or operator of the community water supply may

10 provide the required notice through local media outlets,

11 social media, or other similar means in lieu of providing the

12 individual written notices otherwise required under this

13 subsection.

14 No notifications are required under this subsection for

15 work performed on water mains that are used to transmit

16 treated water between community water supplies and properties

17 that have no service connections.

18 (kk) No community water supply that sells water to any

19 wholesale or retail consecutive community water supply may

20 pass on any costs associated with compliance with this Section

21 to consecutive systems.

22 (ll) To the extent allowed by law, when a community water

23 supply replaces or installs a lead service line in a public

24 right-of-way or enters into an agreement with a private

25 contractor for replacement or installation of a lead service

26 line, the community water supply shall be held harmless for

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1 all damage to property when replacing or installing the lead

2 service line. If dangers are encountered that prevent the

3 replacement of the lead service line, the community water

4 supply shall notify the Department within 15 working days of

5 why the replacement of the lead service line could not be

6 accomplished.

7 (mm) The Agency may propose to the Board, and the Board may

8 adopt, any rules necessary to implement and administer this

9 Section. The Department may adopt rules necessary to address

10 lead service lines attached to non-community water supplies.

11 (nn) Notwithstanding any other provision in this Section,

12 no requirement in this Section shall be construed as being

13 less stringent than existing applicable federal requirements.

14 (oo) All lead service line replacements financed in whole

15 or in part with funds obtained under this Section shall be

16 considered public works for purposes of the Prevailing Wage

17 Act.

18 (Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22.)

19 Section 255. The Lawn Care Products Application and Notice

20 Act is amended by changing Sections 2, 3, and 6 as follows:

21 (415 ILCS 65/2) (from Ch. 5, par. 852)

22 Sec. 2. Definitions.

23 For purposes of this Act:

24 "Application" means the spreading of lawn care products on

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1 a lawn.

2 "Applicator for hire" means any person who makes an

3 application of lawn care products to a lawn or lawns for

4 compensation, including applications made by an employee to

5 lawns owned, occupied or managed by his employer and includes

6 those licensed by the Department as licensed commercial

7 applicators, commercial not-for-hire applicators, licensed

8 public applicators, certified applicators and licensed

9 operators and those otherwise subject to the licensure

10 provisions of the Illinois Pesticide Act, as now or hereafter

11 amended.

12 "Buffer" means an area adjacent to a body of water that is

13 left untreated with any fertilizer.

14 "Child ~~Day~~ care center" means any facility that qualifies

15 as a "child ~~day~~ care center" under the Child Care Act of 1969.

16 "Department" means the Illinois Department of Agriculture.

17 "Department of Public Health" means the Illinois

18 Department of Public Health.

19 "Facility" means a building or structure and appurtenances

20 thereto used by an applicator for hire for storage and

21 handling of pesticides or the storage or maintenance of

22 pesticide application equipment or vehicles.

23 "Fertilizer" means any substance containing nitrogen,

24 phosphorus or potassium or other recognized plant nutrient or

25 compound, which is used for its plant nutrient content.

26 "Golf course" means an area designated for the play or

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1 practice of the game of golf, including surrounding grounds,

2 trees, ornamental beds and the like.

3 "Golf course superintendent" means any person entrusted

4 with and employed for the care and maintenance of a golf

5 course.

6 "Impervious surface" means any structure, surface, or

7 improvement that reduces or prevents absorption of stormwater

8 into land, and includes pavement, porous paving, paver blocks,

9 gravel, crushed stone, decks, patios, elevated structures, and

10 other similar structures, surfaces, or improvements.

11 "Lawn" means land area covered with turf kept closely mown

12 or land area covered with turf and trees or shrubs. The term

13 does not include (1) land area used for research for

14 agricultural production or for the commercial production of

15 turf, (2) land area situated within a public or private

16 right-of-way, or (3) land area which is devoted to the

17 production of any agricultural commodity, including, but not

18 limited to plants and plant parts, livestock and poultry and

19 livestock or poultry products, seeds, sod, shrubs and other

20 products of agricultural origin raised for sale or for human

21 or livestock consumption.

22 "Lawn care products" means fertilizers or pesticides

23 applied or intended for application to lawns.

24 "Lawn repair products" means seeds, including seeding

25 soils, that contain or are coated with or encased in

26 fertilizer material.

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1 "Person" means any individual, partnership, association,

2 corporation or State governmental agency, school district,

3 unit of local government and any agency thereof.

4 "Pesticide" means any substance or mixture of substances

5 defined as a pesticide under the Illinois Pesticide Act, as

6 now or hereafter amended.

7 "Plant protectants" means any substance or material used

8 to protect plants from infestation of insects, fungi, weeds

9 and rodents, or any other substance that would benefit the

10 overall health of plants.

11 "Soil test" means a chemical and mechanical analysis of

12 soil nutrient values and pH level as it relates to the soil and

13 development of a lawn.

14 "Spreader" means any commercially available fertilizing

15 device used to evenly distribute fertilizer material.

16 "Turf" means the upper stratum of soils bound by grass and

17 plant roots into a thick mat.

18 "0% phosphate fertilizer" means a fertilizer that contains

19 no more than 0.67% available phosphoric acid (P₂O₅).

20 (Source: P.A. 96-424, eff. 8-13-09; 96-1005, eff. 7-6-10.)

21 (415 ILCS 65/3) (from Ch. 5, par. 853)

22 Sec. 3. Notification requirements for application of lawn

23 care products.

24 (a) Lawn Markers.

25 (1) Immediately following application of lawn care

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1 products to a lawn, other than a golf course, an

2 applicator for hire shall place a lawn marker at the usual

3 point or points of entry.

4 (2) The lawn marker shall consist of a 4 inch by 5 inch

5 sign, vertical or horizontal, attached to the upper

6 portion of a dowel or other supporting device with the

7 bottom of the marker extending no less than 12 inches

8 above the turf.

9 (3) The lawn marker shall be white and lettering on

10 the lawn marker shall be in a contrasting color. The

11 marker shall state on one side, in letters of not less than

12 3/8 inch, the following: "LAWN CARE APPLICATION - STAY OFF

13 GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT: (here

14 shall be inserted the name and business telephone number

15 of the applicator for hire)."

16 (4) The lawn marker shall be removed and discarded by

17 the property owner or resident, or such other person

18 authorized by the property owner or resident, on the day

19 following the application. The lawn marker shall not be

20 removed by any person other than the property owner or

21 resident or person designated by such property owner or

22 resident.

23 (5) For applications to residential properties of 2

24 families or less, the applicator for hire shall be

25 required to place lawn markers at the usual point or

26 points of entry.

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1 (6) For applications to residential properties of 2

2 families or more, or for application to other commercial

3 properties, the applicator for hire shall place lawn

4 markers at the usual point or points of entry to the

5 property to provide notice that lawn care products have

6 been applied to the lawn.

7 (b) Notification requirement for application of plant

8 protectants on golf courses.

9 (1) Blanket posting procedure. Each golf course shall

10 post in a conspicuous place or places an all-weather

11 poster or placard stating to users of or visitors to the

12 golf course that from time to time plant protectants are

13 in use and additionally stating that if any questions or

14 concerns arise in relation thereto, the golf course

15 superintendent or his designee should be contacted to

16 supply the information contained in subsection (c) of this

17 Section.

18 (2) The poster or placard shall be prominently

19 displayed in the pro shop, locker rooms and first tee at

20 each golf course.

21 (3) The poster or placard shall be a minimum size of 8

22 1/2 by 11 inches and the lettering shall not be less than

23 1/2 inch.

24 (4) The poster or placard shall read: "PLANT

25 PROTECTANTS ARE PERIODICALLY APPLIED TO THIS GOLF COURSE.

26 IF DESIRED, YOU MAY CONTACT YOUR GOLF COURSE

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1 SUPERINTENDENT FOR FURTHER INFORMATION."

2 (c) Information to Customers of Applicators for Hire. At

3 the time of application of lawn care products to a lawn, an

4 applicator for hire shall provide the following information to

5 the customer:

6 (1) The brand name, common name, and scientific name

7 of each lawn care product applied;

8 (2) The type of fertilizer or pesticide contained in

9 the lawn care product applied;

10 (3) The reason for use of each lawn care product

11 applied;

12 (4) The range of concentration of end use product

13 applied to the lawn and amount of material applied;

14 (5) Any special instruction appearing on the label of

15 the lawn care product applicable to the customer's use of

16 the lawn following application;

17 (6) The business name and telephone number of the

18 applicator for hire as well as the name of the person

19 actually applying lawn care products to the lawn; and

20 (7) Upon the request of a customer or any person whose

21 property abuts or is adjacent to the property of a

22 customer of an applicator for hire, a copy of the material

23 safety data sheet and approved pesticide registration

24 label for each applied lawn care product.

25 (d) Prior notification of application to lawn. In the case

26 of all lawns other than golf courses:

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1 (1) Any neighbor whose property abuts or is adjacent

2 to the property of a customer of an applicator for hire may

3 receive prior notification of an application by contacting

4 the applicator for hire and providing his name, address

5 and telephone number.

6 (2) At least the day before a scheduled application,

7 an applicator for hire shall provide notification to a

8 person who has requested notification pursuant to

9 paragraph (1) of this subsection (d), such notification to

10 be made in writing, in person or by telephone, disclosing

11 the date and approximate time of day of application.

12 (3) In the event that an applicator for hire is unable

13 to provide prior notification to a neighbor whose property

14 abuts or is adjacent to the property because of the

15 absence or inaccessibility of the individual, at the time

16 of application to a customer's lawn, the applicator for

17 hire shall leave a written notice at the residence of the

18 person requesting notification, which shall provide the

19 information specified in paragraph (2) of this subsection

20 (d).

21 (e) Prior notification of application to golf courses.

22 (1) Any landlord or resident with property that abuts

23 or is adjacent to a golf course may receive prior

24 notification of an application of lawn care products or

25 plant protectants, or both, by contacting the golf course

26 superintendent and providing his name, address and

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1 telephone number.

2 (2) At least the day before a scheduled application of

3 lawn care products or plant protectants, or both, the golf

4 course superintendent shall provide notification to any

5 person who has requested notification pursuant to

6 paragraph (1) of this subsection (e), such notification to

7 be made in writing, in person or by telephone, disclosing

8 the date and approximate time of day of application.

9 (3) In the event that the golf course superintendent

10 is unable to provide prior notification to a landlord or

11 resident because of the absence or inaccessibility, at the

12 time of application, of the landlord or resident, the golf

13 course superintendent shall leave a written notice with

14 the landlord or at the residence which shall provide the

15 information specified in paragraph (2) of this subsection

16 (e).

17 (f) Notification for applications of pesticides to child

18 ~~day~~ care center grounds other than child ~~day~~ care center

19 structures and school grounds other than school structures.

20 (1) The owner or operator of a child ~~day~~ care center

21 must either (i) maintain a registry of parents and

22 guardians of children in his or her care who have

23 registered to receive written notification before the

24 application of pesticide to child ~~day~~ care center grounds

25 and notify persons on that registry before applying

26 pesticides or having pesticide applied to child ~~day~~ care

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1 center grounds or (ii) provide written or telephonic

2 notice to all parents and guardians of children in his or

3 her care before applying pesticide or having pesticide

4 applied to child ~~day~~ care center grounds.

5 (2) School districts must either (i) maintain a

6 registry of parents and guardians of students who have

7 registered to receive written or telephonic notification

8 before the application of pesticide to school grounds and

9 notify persons on that list before applying pesticide or

10 having pesticide applied to school grounds or (ii) provide

11 written or telephonic notification to all parents and

12 guardians of students before applying pesticide or having

13 pesticide applied to school grounds.

14 (3) Written notification required under item (1) or

15 (2) of subsection (f) of this Section may be included in

16 newsletters, calendars, or other correspondence currently

17 published by the school district, but posting on a

18 bulletin board is not sufficient. The written or

19 telephonic notification must be given at least 4 business

20 days before application of the pesticide and should

21 identify the intended date of the application of the

22 pesticide and the name and telephone contact number for

23 the school personnel responsible for the pesticide

24 application program or, in the case of a child ~~day~~ care

25 center, the owner or operator of the child ~~day~~ care

26 center. Prior notice shall not be required if there is

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1 imminent threat to health or property. If such a situation

2 arises, the appropriate school personnel or, in the case

3 of a child ~~day~~ care center, the owner or operator of the

4 child ~~day~~care center must sign a statement describing the

5 circumstances that gave rise to the health threat and

6 ensure that written or telephonic notice is provided as

7 soon as practicable.

8 (Source: P.A. 96-424, eff. 8-13-09.)

9 (415 ILCS 65/6) (from Ch. 5, par. 856)

10 Sec. 6. This Act shall be administered and enforced by the

11 Department. The Department may promulgate rules and

12 regulations as necessary for the enforcement of this Act. The

13 Department of Public Health must inform school boards and the

14 owners and operators of child ~~day~~ care centers about the

15 provisions of this Act that are applicable to school districts

16 and child ~~day~~ care centers, and it must inform school boards

17 about the requirements contained in Sections 10-20.49 and

18 34-18.40 of the School Code. The Department of Public Health

19 must recommend that child ~~day~~ care centers and schools use a

20 pesticide-free turf care program to maintain their turf. The

21 Department of Public Health must also report violations of

22 this Act of which it becomes aware to the Department for

23 enforcement.

24 (Source: P.A. 96-424, eff. 8-13-09; 96-1000, eff. 7-2-10.)

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1 Section 260. The Furniture Fire Safety Act is amended by

2 changing Section 1002 as follows:

3 (425 ILCS 45/1002) (from Ch. 127 1/2, par. 951-2)

4 Sec. 1002. As used in this Act:

5 (a) "Sell" or any of its variants means and includes any of

6 or any combination of the following: to sell, offer or expose

7 for sale, barter, trade, deliver, give away, rent, consign,

8 lease, or possess with an intent to sell or dispose of in any

9 other commercial manner.

10 (b) "Seating furniture" means any furniture, including

11 children's furniture, movable or stationery, which (1) is made

12 of or with cushions or pillows, loose or attached, (2) is

13 itself stuffed or filled in whole or in part with any filling

14 material, (3) is or can be stuffed or filled in whole or in

15 part with any substance or material, hidden or concealed by

16 fabric or any other covering, including cushions or pillows

17 belonging to or forming a part thereof, together with the

18 structural units, the filling material and its container and

19 covering which can be used as a support for the body of a human

20 being, or the limbs and feet when sitting or resting in an

21 upright or reclining position.

22 (c) "Filling material" means cotton, wool, kapok,

23 feathers, down, hair, liquid, or any other material or

24 substance, natural or man-made, or any other prefabricated

25 form, concealed or not concealed, to be used or that could be

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1 used in articles of seating furniture.

2 (d) "Manufacturer" means a person who, either by himself

3 or through employees or agents, makes any article of seating

4 furniture in whole or in part.

5 (e) "Public occupancies" means:

6 (1) Jails, prisons, and penal institutions;

7 (2) Hospitals, mental health facilities, and similar

8 health care facilities;

9 (3) Nursing care and convalescent homes;

10 (4) Child ~~day~~ care centers;

11 (5) Public auditoriums and stadiums; and

12 (6) Public assembly areas of hotels and motels containing

13 more than 10 articles of seating furniture.

14 (Source: P.A. 86-631.)

15 Section 265. The Space Heating Safety Act is amended by

16 changing Section 9 as follows:

17 (425 ILCS 65/9) (from Ch. 127 1/2, par. 709)

18 Sec. 9. Prohibited use of kerosene heaters. The use of

19 kerosene fueled heaters will be prohibited under any

20 circumstances in the following types of structures:

21 (i) nursing homes or convalescent centers;

22 (ii) child care ~~day-care~~ centers having children

23 present;

24 (iii) any type of center for persons with

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1 disabilities;

2 (iv) common areas of multifamily dwellings;

3 (v) hospitals;

4 (vi) structures more than 3 stories in height; and

5 (vii) structures open to the public which have a

6 capacity for 50 or more persons.

7 (Source: P.A. 99-143, eff. 7-27-15.)

8 Section 270. The Firearm Dealer License Certification Act

9 is amended by changing Section 5-20 as follows:

10 (430 ILCS 68/5-20)

11 Sec. 5-20. Additional licensee requirements.

12 (a) A certified licensee shall make a photo copy of a

13 buyer's or transferee's valid photo identification card

14 whenever a firearm sale transaction takes place. The photo

15 copy shall be attached to the documentation detailing the

16 record of sale.

17 (b) A certified licensee shall post in a conspicuous

18 position on the premises where the licensee conducts business

19 a sign that contains the following warning in block letters

20 not less than one inch in height:

21 "With few exceptions enumerated in the Firearm Owners

22 Identification Card Act, it is unlawful for you to:

23 (A) store or leave an unsecured firearm in a place

24 where a child can obtain access to it;

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1 (B) sell or transfer your firearm to someone else

2 without receiving approval for the transfer from the

3 Illinois State Police, or

4 (C) fail to report the loss or theft of your

5 firearm to local law enforcement within 72 hours.".

6 This sign shall be created by the Illinois State Police and

7 made available for printing or downloading from the Illinois

8 State Police's website.

9 (c) No retail location established after the effective

10 date of this Act shall be located within 500 feet of any

11 school, pre-school, or child ~~day~~ care facility in existence at

12 its location before the retail location is established as

13 measured from the nearest corner of the building holding the

14 retail location to the corner of the school, pre-school, or

15 child ~~day~~ care facility building nearest the retail location

16 at the time the retail location seeks licensure.

17 (Source: P.A. 102-538, eff. 8-20-21.)

18 Section 275. The Illinois Vehicle Code is amended by

19 changing Sections 6-205, 6-206, and 12-707.01 as follows:

20 (625 ILCS 5/6-205)

21 (Text of Section before amendment by P.A. 102-982)

22 Sec. 6-205. Mandatory revocation of license or permit;

23 hardship cases.

24 (a) Except as provided in this Section, the Secretary of

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1 State shall immediately revoke the license, permit, or driving

2 privileges of any driver upon receiving a report of the

3 driver's conviction of any of the following offenses:

4 1. Reckless homicide resulting from the operation of a

5 motor vehicle;

6 2. Violation of Section 11-501 of this Code or a

7 similar provision of a local ordinance relating to the

8 offense of operating or being in physical control of a

9 vehicle while under the influence of alcohol, other drug

10 or drugs, intoxicating compound or compounds, or any

11 combination thereof;

12 3. Any felony under the laws of any State or the

13 federal government in the commission of which a motor

14 vehicle was used;

15 4. Violation of Section 11-401 of this Code relating

16 to the offense of leaving the scene of a traffic accident

17 involving death or personal injury;

18 5. Perjury or the making of a false affidavit or

19 statement under oath to the Secretary of State under this

20 Code or under any other law relating to the ownership or

21 operation of motor vehicles;

22 6. Conviction upon 3 charges of violation of Section

23 11-503 of this Code relating to the offense of reckless

24 driving committed within a period of 12 months;

25 7. Conviction of any offense defined in Section 4-102

26 of this Code if the person exercised actual physical

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1 control over the vehicle during the commission of the

2 offense;

3 8. Violation of Section 11-504 of this Code relating

4 to the offense of drag racing;

5 9. Violation of Chapters 8 and 9 of this Code;

6 10. Violation of Section 12-5 of the Criminal Code of

7 1961 or the Criminal Code of 2012 arising from the use of a

8 motor vehicle;

9 11. Violation of Section 11-204.1 of this Code

10 relating to aggravated fleeing or attempting to elude a

11 peace officer;

12 12. Violation of paragraph (1) of subsection (b) of

13 Section 6-507, or a similar law of any other state,

14 relating to the unlawful operation of a commercial motor

15 vehicle;

16 13. Violation of paragraph (a) of Section 11-502 of

17 this Code or a similar provision of a local ordinance if

18 the driver has been previously convicted of a violation of

19 that Section or a similar provision of a local ordinance

20 and the driver was less than 21 years of age at the time of

21 the offense;

22 14. Violation of paragraph (a) of Section 11-506 of

23 this Code or a similar provision of a local ordinance

24 relating to the offense of street racing;

25 15. A second or subsequent conviction of driving while

26 the person's driver's license, permit or privileges was

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1 revoked for reckless homicide or a similar out-of-state

2 offense;

3 16. Any offense against any provision in this Code, or

4 any local ordinance, regulating the movement of traffic

5 when that offense was the proximate cause of the death of

6 any person. Any person whose driving privileges have been

7 revoked pursuant to this paragraph may seek to have the

8 revocation terminated or to have the length of revocation

9 reduced by requesting an administrative hearing with the

10 Secretary of State prior to the projected driver's license

11 application eligibility date;

12 17. Violation of subsection (a-2) of Section 11-1301.3

13 of this Code or a similar provision of a local ordinance;

14 18. A second or subsequent conviction of illegal

15 possession, while operating or in actual physical control,

16 as a driver, of a motor vehicle, of any controlled

17 substance prohibited under the Illinois Controlled

18 Substances Act, any cannabis prohibited under the Cannabis

19 Control Act, or any methamphetamine prohibited under the

20 Methamphetamine Control and Community Protection Act. A

21 defendant found guilty of this offense while operating a

22 motor vehicle shall have an entry made in the court record

23 by the presiding judge that this offense did occur while

24 the defendant was operating a motor vehicle and order the

25 clerk of the court to report the violation to the

26 Secretary of State;

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1 19. Violation of subsection (a) of Section 11-1414 of

2 this Code, or a similar provision of a local ordinance,

3 relating to the offense of overtaking or passing of a

4 school bus when the driver, in committing the violation,

5 is involved in a motor vehicle accident that results in

6 death to another and the violation is a proximate cause of

7 the death.

8 (b) The Secretary of State shall also immediately revoke

9 the license or permit of any driver in the following

10 situations:

11 1. Of any minor upon receiving the notice provided for

12 in Section 5-901 of the Juvenile Court Act of 1987 that the

13 minor has been adjudicated under that Act as having

14 committed an offense relating to motor vehicles prescribed

15 in Section 4-103 of this Code;

16 2. Of any person when any other law of this State

17 requires either the revocation or suspension of a license

18 or permit;

19 3. Of any person adjudicated under the Juvenile Court

20 Act of 1987 based on an offense determined to have been

21 committed in furtherance of the criminal activities of an

22 organized gang as provided in Section 5-710 of that Act,

23 and that involved the operation or use of a motor vehicle

24 or the use of a driver's license or permit. The revocation

25 shall remain in effect for the period determined by the

26 court.

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1 (c)(1) Whenever a person is convicted of any of the

2 offenses enumerated in this Section, the court may recommend

3 and the Secretary of State in his discretion, without regard

4 to whether the recommendation is made by the court may, upon

5 application, issue to the person a restricted driving permit

6 granting the privilege of driving a motor vehicle between the

7 petitioner's residence and petitioner's place of employment or

8 within the scope of the petitioner's employment related

9 duties, or to allow the petitioner to transport himself or

10 herself or a family member of the petitioner's household to a

11 medical facility for the receipt of necessary medical care or

12 to allow the petitioner to transport himself or herself to and

13 from alcohol or drug remedial or rehabilitative activity

14 recommended by a licensed service provider, or to allow the

15 petitioner to transport himself or herself or a family member

16 of the petitioner's household to classes, as a student, at an

17 accredited educational institution, or to allow the petitioner

18 to transport children, elderly persons, or persons with

19 disabilities who do not hold driving privileges and are living

20 in the petitioner's household to and from child care ~~daycare~~;

21 if the petitioner is able to demonstrate that no alternative

22 means of transportation is reasonably available and that the

23 petitioner will not endanger the public safety or welfare;

24 provided that the Secretary's discretion shall be limited to

25 cases where undue hardship, as defined by the rules of the

26 Secretary of State, would result from a failure to issue the

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1 restricted driving permit.

2 (1.5) A person subject to the provisions of paragraph 4 of

3 subsection (b) of Section 6-208 of this Code may make

4 application for a restricted driving permit at a hearing

5 conducted under Section 2-118 of this Code after the

6 expiration of 5 years from the effective date of the most

7 recent revocation, or after 5 years from the date of release

8 from a period of imprisonment resulting from a conviction of

9 the most recent offense, whichever is later, provided the

10 person, in addition to all other requirements of the

11 Secretary, shows by clear and convincing evidence:

12 (A) a minimum of 3 years of uninterrupted abstinence

13 from alcohol and the unlawful use or consumption of

14 cannabis under the Cannabis Control Act, a controlled

15 substance under the Illinois Controlled Substances Act, an

16 intoxicating compound under the Use of Intoxicating

17 Compounds Act, or methamphetamine under the

18 Methamphetamine Control and Community Protection Act; and

19 (B) the successful completion of any rehabilitative

20 treatment and involvement in any ongoing rehabilitative

21 activity that may be recommended by a properly licensed

22 service provider according to an assessment of the

23 person's alcohol or drug use under Section 11-501.01 of

24 this Code.

25 In determining whether an applicant is eligible for a

26 restricted driving permit under this paragraph (1.5), the

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1 Secretary may consider any relevant evidence, including, but

2 not limited to, testimony, affidavits, records, and the

3 results of regular alcohol or drug tests. Persons subject to

4 the provisions of paragraph 4 of subsection (b) of Section

5 6-208 of this Code and who have been convicted of more than one

6 violation of paragraph (3), paragraph (4), or paragraph (5) of

7 subsection (a) of Section 11-501 of this Code shall not be

8 eligible to apply for a restricted driving permit.

9 A restricted driving permit issued under this paragraph

10 (1.5) shall provide that the holder may only operate motor

11 vehicles equipped with an ignition interlock device as

12 required under paragraph (2) of subsection (c) of this Section

13 and subparagraph (A) of paragraph 3 of subsection (c) of

14 Section 6-206 of this Code. The Secretary may revoke a

15 restricted driving permit or amend the conditions of a

16 restricted driving permit issued under this paragraph (1.5) if

17 the holder operates a vehicle that is not equipped with an

18 ignition interlock device, or for any other reason authorized

19 under this Code.

20 A restricted driving permit issued under this paragraph

21 (1.5) shall be revoked, and the holder barred from applying

22 for or being issued a restricted driving permit in the future,

23 if the holder is subsequently convicted of a violation of

24 Section 11-501 of this Code, a similar provision of a local

25 ordinance, or a similar offense in another state.

26 (2) If a person's license or permit is revoked or

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1 suspended due to 2 or more convictions of violating Section

2 11-501 of this Code or a similar provision of a local ordinance

3 or a similar out-of-state offense, or Section 9-3 of the

4 Criminal Code of 1961 or the Criminal Code of 2012, where the

5 use of alcohol or other drugs is recited as an element of the

6 offense, or a similar out-of-state offense, or a combination

7 of these offenses, arising out of separate occurrences, that

8 person, if issued a restricted driving permit, may not operate

9 a vehicle unless it has been equipped with an ignition

10 interlock device as defined in Section 1-129.1.

11 (3) If:

12 (A) a person's license or permit is revoked or

13 suspended 2 or more times due to any combination of:

14 (i) a single conviction of violating Section

15 11-501 of this Code or a similar provision of a local

16 ordinance or a similar out-of-state offense, or

17 Section 9-3 of the Criminal Code of 1961 or the

18 Criminal Code of 2012, where the use of alcohol or

19 other drugs is recited as an element of the offense, or

20 a similar out-of-state offense; or

21 (ii) a statutory summary suspension or revocation

22 under Section 11-501.1; or

23 (iii) a suspension pursuant to Section 6-203.1;

24 arising out of separate occurrences; or

25 (B) a person has been convicted of one violation of

26 subparagraph (C) or (F) of paragraph (1) of subsection (d)

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1 of Section 11-501 of this Code, Section 9-3 of the

2 Criminal Code of 1961 or the Criminal Code of 2012,

3 relating to the offense of reckless homicide where the use

4 of alcohol or other drugs was recited as an element of the

5 offense, or a similar provision of a law of another state;

6 that person, if issued a restricted driving permit, may not

7 operate a vehicle unless it has been equipped with an ignition

8 interlock device as defined in Section 1-129.1.

9 (4) The person issued a permit conditioned on the use of an

10 ignition interlock device must pay to the Secretary of State

11 DUI Administration Fund an amount not to exceed $30 per month.

12 The Secretary shall establish by rule the amount and the

13 procedures, terms, and conditions relating to these fees.

14 (5) If the restricted driving permit is issued for

15 employment purposes, then the prohibition against operating a

16 motor vehicle that is not equipped with an ignition interlock

17 device does not apply to the operation of an occupational

18 vehicle owned or leased by that person's employer when used

19 solely for employment purposes. For any person who, within a

20 5-year period, is convicted of a second or subsequent offense

21 under Section 11-501 of this Code, or a similar provision of a

22 local ordinance or similar out-of-state offense, this

23 employment exemption does not apply until either a one-year

24 period has elapsed during which that person had his or her

25 driving privileges revoked or a one-year period has elapsed

26 during which that person had a restricted driving permit which

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1 required the use of an ignition interlock device on every

2 motor vehicle owned or operated by that person.

3 (6) In each case the Secretary of State may issue a

4 restricted driving permit for a period he deems appropriate,

5 except that the permit shall expire no later than 2 years from

6 the date of issuance. A restricted driving permit issued under

7 this Section shall be subject to cancellation, revocation, and

8 suspension by the Secretary of State in like manner and for

9 like cause as a driver's license issued under this Code may be

10 cancelled, revoked, or suspended; except that a conviction

11 upon one or more offenses against laws or ordinances

12 regulating the movement of traffic shall be deemed sufficient

13 cause for the revocation, suspension, or cancellation of a

14 restricted driving permit. The Secretary of State may, as a

15 condition to the issuance of a restricted driving permit,

16 require the petitioner to participate in a designated driver

17 remedial or rehabilitative program. The Secretary of State is

18 authorized to cancel a restricted driving permit if the permit

19 holder does not successfully complete the program. However, if

20 an individual's driving privileges have been revoked in

21 accordance with paragraph 13 of subsection (a) of this

22 Section, no restricted driving permit shall be issued until

23 the individual has served 6 months of the revocation period.

24 (c-5) (Blank).

25 (c-6) If a person is convicted of a second violation of

26 operating a motor vehicle while the person's driver's license,

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1 permit or privilege was revoked, where the revocation was for

2 a violation of Section 9-3 of the Criminal Code of 1961 or the

3 Criminal Code of 2012 relating to the offense of reckless

4 homicide or a similar out-of-state offense, the person's

5 driving privileges shall be revoked pursuant to subdivision

6 (a)(15) of this Section. The person may not make application

7 for a license or permit until the expiration of five years from

8 the effective date of the revocation or the expiration of five

9 years from the date of release from a term of imprisonment,

10 whichever is later.

11 (c-7) If a person is convicted of a third or subsequent

12 violation of operating a motor vehicle while the person's

13 driver's license, permit or privilege was revoked, where the

14 revocation was for a violation of Section 9-3 of the Criminal

15 Code of 1961 or the Criminal Code of 2012 relating to the

16 offense of reckless homicide or a similar out-of-state

17 offense, the person may never apply for a license or permit.

18 (d)(1) Whenever a person under the age of 21 is convicted

19 under Section 11-501 of this Code or a similar provision of a

20 local ordinance or a similar out-of-state offense, the

21 Secretary of State shall revoke the driving privileges of that

22 person. One year after the date of revocation, and upon

23 application, the Secretary of State may, if satisfied that the

24 person applying will not endanger the public safety or

25 welfare, issue a restricted driving permit granting the

26 privilege of driving a motor vehicle only between the hours of

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1 5 a.m. and 9 p.m. or as otherwise provided by this Section for

2 a period of one year. After this one-year period, and upon

3 reapplication for a license as provided in Section 6-106, upon

4 payment of the appropriate reinstatement fee provided under

5 paragraph (b) of Section 6-118, the Secretary of State, in his

6 discretion, may reinstate the petitioner's driver's license

7 and driving privileges, or extend the restricted driving

8 permit as many times as the Secretary of State deems

9 appropriate, by additional periods of not more than 24 months

10 each.

11 (2) If a person's license or permit is revoked or

12 suspended due to 2 or more convictions of violating Section

13 11-501 of this Code or a similar provision of a local ordinance

14 or a similar out-of-state offense, or Section 9-3 of the

15 Criminal Code of 1961 or the Criminal Code of 2012, where the

16 use of alcohol or other drugs is recited as an element of the

17 offense, or a similar out-of-state offense, or a combination

18 of these offenses, arising out of separate occurrences, that

19 person, if issued a restricted driving permit, may not operate

20 a vehicle unless it has been equipped with an ignition

21 interlock device as defined in Section 1-129.1.

22 (3) If a person's license or permit is revoked or

23 suspended 2 or more times due to any combination of:

24 (A) a single conviction of violating Section 11-501 of

25 this Code or a similar provision of a local ordinance or a

26 similar out-of-state offense, or Section 9-3 of the

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1 Criminal Code of 1961 or the Criminal Code of 2012, where

2 the use of alcohol or other drugs is recited as an element

3 of the offense, or a similar out-of-state offense; or

4 (B) a statutory summary suspension or revocation under

5 Section 11-501.1; or

6 (C) a suspension pursuant to Section 6-203.1;

7 arising out of separate occurrences, that person, if issued a

8 restricted driving permit, may not operate a vehicle unless it

9 has been equipped with an ignition interlock device as defined

10 in Section 1-129.1.

11 (3.5) If a person's license or permit is revoked or

12 suspended due to a conviction for a violation of subparagraph

13 (C) or (F) of paragraph (1) of subsection (d) of Section 11-501

14 of this Code, or a similar provision of a local ordinance or

15 similar out-of-state offense, that person, if issued a

16 restricted driving permit, may not operate a vehicle unless it

17 has been equipped with an ignition interlock device as defined

18 in Section 1-129.1.

19 (4) The person issued a permit conditioned upon the use of

20 an interlock device must pay to the Secretary of State DUI

21 Administration Fund an amount not to exceed $30 per month. The

22 Secretary shall establish by rule the amount and the

23 procedures, terms, and conditions relating to these fees.

24 (5) If the restricted driving permit is issued for

25 employment purposes, then the prohibition against driving a

26 vehicle that is not equipped with an ignition interlock device

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1 does not apply to the operation of an occupational vehicle

2 owned or leased by that person's employer when used solely for

3 employment purposes. For any person who, within a 5-year

4 period, is convicted of a second or subsequent offense under

5 Section 11-501 of this Code, or a similar provision of a local

6 ordinance or similar out-of-state offense, this employment

7 exemption does not apply until either a one-year period has

8 elapsed during which that person had his or her driving

9 privileges revoked or a one-year period has elapsed during

10 which that person had a restricted driving permit which

11 required the use of an ignition interlock device on every

12 motor vehicle owned or operated by that person.

13 (6) A restricted driving permit issued under this Section

14 shall be subject to cancellation, revocation, and suspension

15 by the Secretary of State in like manner and for like cause as

16 a driver's license issued under this Code may be cancelled,

17 revoked, or suspended; except that a conviction upon one or

18 more offenses against laws or ordinances regulating the

19 movement of traffic shall be deemed sufficient cause for the

20 revocation, suspension, or cancellation of a restricted

21 driving permit.

22 (d-5) The revocation of the license, permit, or driving

23 privileges of a person convicted of a third or subsequent

24 violation of Section 6-303 of this Code committed while his or

25 her driver's license, permit, or privilege was revoked because

26 of a violation of Section 9-3 of the Criminal Code of 1961 or

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1 the Criminal Code of 2012, relating to the offense of reckless

2 homicide, or a similar provision of a law of another state, is

3 permanent. The Secretary may not, at any time, issue a license

4 or permit to that person.

5 (e) This Section is subject to the provisions of the

6 Driver License Compact.

7 (f) Any revocation imposed upon any person under

8 subsections 2 and 3 of paragraph (b) that is in effect on

9 December 31, 1988 shall be converted to a suspension for a like

10 period of time.

11 (g) The Secretary of State shall not issue a restricted

12 driving permit to a person under the age of 16 years whose

13 driving privileges have been revoked under any provisions of

14 this Code.

15 (h) The Secretary of State shall require the use of

16 ignition interlock devices for a period not less than 5 years

17 on all vehicles owned by a person who has been convicted of a

18 second or subsequent offense under Section 11-501 of this Code

19 or a similar provision of a local ordinance. The person must

20 pay to the Secretary of State DUI Administration Fund an

21 amount not to exceed $30 for each month that he or she uses the

22 device. The Secretary shall establish by rule and regulation

23 the procedures for certification and use of the interlock

24 system, the amount of the fee, and the procedures, terms, and

25 conditions relating to these fees. During the time period in

26 which a person is required to install an ignition interlock

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1 device under this subsection (h), that person shall only

2 operate vehicles in which ignition interlock devices have been

3 installed, except as allowed by subdivision (c)(5) or (d)(5)

4 of this Section. Regardless of whether an exemption under

5 subdivision (c) (5) or (d) (5) applies, every person subject

6 to this subsection shall not be eligible for reinstatement

7 until the person installs an ignition interlock device and

8 maintains the ignition interlock device for 5 years.

9 (i) (Blank).

10 (j) In accordance with 49 C.F.R. 384, the Secretary of

11 State may not issue a restricted driving permit for the

12 operation of a commercial motor vehicle to a person holding a

13 CDL whose driving privileges have been revoked, suspended,

14 cancelled, or disqualified under any provisions of this Code.

15 (k) The Secretary of State shall notify by mail any person

16 whose driving privileges have been revoked under paragraph 16

17 of subsection (a) of this Section that his or her driving

18 privileges and driver's license will be revoked 90 days from

19 the date of the mailing of the notice.

20 (Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21.)

21 (Text of Section after amendment by P.A. 102-982)

22 Sec. 6-205. Mandatory revocation of license or permit;

23 hardship cases.

24 (a) Except as provided in this Section, the Secretary of

25 State shall immediately revoke the license, permit, or driving

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1 privileges of any driver upon receiving a report of the

2 driver's conviction of any of the following offenses:

3 1. Reckless homicide resulting from the operation of a

4 motor vehicle;

5 2. Violation of Section 11-501 of this Code or a

6 similar provision of a local ordinance relating to the

7 offense of operating or being in physical control of a

8 vehicle while under the influence of alcohol, other drug

9 or drugs, intoxicating compound or compounds, or any

10 combination thereof;

11 3. Any felony under the laws of any State or the

12 federal government in the commission of which a motor

13 vehicle was used;

14 4. Violation of Section 11-401 of this Code relating

15 to the offense of leaving the scene of a traffic crash

16 involving death or personal injury;

17 5. Perjury or the making of a false affidavit or

18 statement under oath to the Secretary of State under this

19 Code or under any other law relating to the ownership or

20 operation of motor vehicles;

21 6. Conviction upon 3 charges of violation of Section

22 11-503 of this Code relating to the offense of reckless

23 driving committed within a period of 12 months;

24 7. Conviction of any offense defined in Section 4-102

25 of this Code if the person exercised actual physical

26 control over the vehicle during the commission of the

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1 offense;

2 8. Violation of Section 11-504 of this Code relating

3 to the offense of drag racing;

4 9. Violation of Chapters 8 and 9 of this Code;

5 10. Violation of Section 12-5 of the Criminal Code of

6 1961 or the Criminal Code of 2012 arising from the use of a

7 motor vehicle;

8 11. Violation of Section 11-204.1 of this Code

9 relating to aggravated fleeing or attempting to elude a

10 peace officer;

11 12. Violation of paragraph (1) of subsection (b) of

12 Section 6-507, or a similar law of any other state,

13 relating to the unlawful operation of a commercial motor

14 vehicle;

15 13. Violation of paragraph (a) of Section 11-502 of

16 this Code or a similar provision of a local ordinance if

17 the driver has been previously convicted of a violation of

18 that Section or a similar provision of a local ordinance

19 and the driver was less than 21 years of age at the time of

20 the offense;

21 14. Violation of paragraph (a) of Section 11-506 of

22 this Code or a similar provision of a local ordinance

23 relating to the offense of street racing;

24 15. A second or subsequent conviction of driving while

25 the person's driver's license, permit or privileges was

26 revoked for reckless homicide or a similar out-of-state

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1 offense;

2 16. Any offense against any provision in this Code, or

3 any local ordinance, regulating the movement of traffic

4 when that offense was the proximate cause of the death of

5 any person. Any person whose driving privileges have been

6 revoked pursuant to this paragraph may seek to have the

7 revocation terminated or to have the length of revocation

8 reduced by requesting an administrative hearing with the

9 Secretary of State prior to the projected driver's license

10 application eligibility date;

11 17. Violation of subsection (a-2) of Section 11-1301.3

12 of this Code or a similar provision of a local ordinance;

13 18. A second or subsequent conviction of illegal

14 possession, while operating or in actual physical control,

15 as a driver, of a motor vehicle, of any controlled

16 substance prohibited under the Illinois Controlled

17 Substances Act, any cannabis prohibited under the Cannabis

18 Control Act, or any methamphetamine prohibited under the

19 Methamphetamine Control and Community Protection Act. A

20 defendant found guilty of this offense while operating a

21 motor vehicle shall have an entry made in the court record

22 by the presiding judge that this offense did occur while

23 the defendant was operating a motor vehicle and order the

24 clerk of the court to report the violation to the

25 Secretary of State;

26 19. Violation of subsection (a) of Section 11-1414 of

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1 this Code, or a similar provision of a local ordinance,

2 relating to the offense of overtaking or passing of a

3 school bus when the driver, in committing the violation,

4 is involved in a motor vehicle crash that results in death

5 to another and the violation is a proximate cause of the

6 death.

7 (b) The Secretary of State shall also immediately revoke

8 the license or permit of any driver in the following

9 situations:

10 1. Of any minor upon receiving the notice provided for

11 in Section 5-901 of the Juvenile Court Act of 1987 that the

12 minor has been adjudicated under that Act as having

13 committed an offense relating to motor vehicles prescribed

14 in Section 4-103 of this Code;

15 2. Of any person when any other law of this State

16 requires either the revocation or suspension of a license

17 or permit;

18 3. Of any person adjudicated under the Juvenile Court

19 Act of 1987 based on an offense determined to have been

20 committed in furtherance of the criminal activities of an

21 organized gang as provided in Section 5-710 of that Act,

22 and that involved the operation or use of a motor vehicle

23 or the use of a driver's license or permit. The revocation

24 shall remain in effect for the period determined by the

25 court.

26 (c)(1) Whenever a person is convicted of any of the

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1 offenses enumerated in this Section, the court may recommend

2 and the Secretary of State in his discretion, without regard

3 to whether the recommendation is made by the court may, upon

4 application, issue to the person a restricted driving permit

5 granting the privilege of driving a motor vehicle between the

6 petitioner's residence and petitioner's place of employment or

7 within the scope of the petitioner's employment related

8 duties, or to allow the petitioner to transport himself or

9 herself or a family member of the petitioner's household to a

10 medical facility for the receipt of necessary medical care or

11 to allow the petitioner to transport himself or herself to and

12 from alcohol or drug remedial or rehabilitative activity

13 recommended by a licensed service provider, or to allow the

14 petitioner to transport himself or herself or a family member

15 of the petitioner's household to classes, as a student, at an

16 accredited educational institution, or to allow the petitioner

17 to transport children, elderly persons, or persons with

18 disabilities who do not hold driving privileges and are living

19 in the petitioner's household to and from child care ~~daycare~~;

20 if the petitioner is able to demonstrate that no alternative

21 means of transportation is reasonably available and that the

22 petitioner will not endanger the public safety or welfare;

23 provided that the Secretary's discretion shall be limited to

24 cases where undue hardship, as defined by the rules of the

25 Secretary of State, would result from a failure to issue the

26 restricted driving permit.

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1 (1.5) A person subject to the provisions of paragraph 4 of

2 subsection (b) of Section 6-208 of this Code may make

3 application for a restricted driving permit at a hearing

4 conducted under Section 2-118 of this Code after the

5 expiration of 5 years from the effective date of the most

6 recent revocation, or after 5 years from the date of release

7 from a period of imprisonment resulting from a conviction of

8 the most recent offense, whichever is later, provided the

9 person, in addition to all other requirements of the

10 Secretary, shows by clear and convincing evidence:

11 (A) a minimum of 3 years of uninterrupted abstinence

12 from alcohol and the unlawful use or consumption of

13 cannabis under the Cannabis Control Act, a controlled

14 substance under the Illinois Controlled Substances Act, an

15 intoxicating compound under the Use of Intoxicating

16 Compounds Act, or methamphetamine under the

17 Methamphetamine Control and Community Protection Act; and

18 (B) the successful completion of any rehabilitative

19 treatment and involvement in any ongoing rehabilitative

20 activity that may be recommended by a properly licensed

21 service provider according to an assessment of the

22 person's alcohol or drug use under Section 11-501.01 of

23 this Code.

24 In determining whether an applicant is eligible for a

25 restricted driving permit under this paragraph (1.5), the

26 Secretary may consider any relevant evidence, including, but

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1 not limited to, testimony, affidavits, records, and the

2 results of regular alcohol or drug tests. Persons subject to

3 the provisions of paragraph 4 of subsection (b) of Section

4 6-208 of this Code and who have been convicted of more than one

5 violation of paragraph (3), paragraph (4), or paragraph (5) of

6 subsection (a) of Section 11-501 of this Code shall not be

7 eligible to apply for a restricted driving permit.

8 A restricted driving permit issued under this paragraph

9 (1.5) shall provide that the holder may only operate motor

10 vehicles equipped with an ignition interlock device as

11 required under paragraph (2) of subsection (c) of this Section

12 and subparagraph (A) of paragraph 3 of subsection (c) of

13 Section 6-206 of this Code. The Secretary may revoke a

14 restricted driving permit or amend the conditions of a

15 restricted driving permit issued under this paragraph (1.5) if

16 the holder operates a vehicle that is not equipped with an

17 ignition interlock device, or for any other reason authorized

18 under this Code.

19 A restricted driving permit issued under this paragraph

20 (1.5) shall be revoked, and the holder barred from applying

21 for or being issued a restricted driving permit in the future,

22 if the holder is subsequently convicted of a violation of

23 Section 11-501 of this Code, a similar provision of a local

24 ordinance, or a similar offense in another state.

25 (2) If a person's license or permit is revoked or

26 suspended due to 2 or more convictions of violating Section

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1 11-501 of this Code or a similar provision of a local ordinance

2 or a similar out-of-state offense, or Section 9-3 of the

3 Criminal Code of 1961 or the Criminal Code of 2012, where the

4 use of alcohol or other drugs is recited as an element of the

5 offense, or a similar out-of-state offense, or a combination

6 of these offenses, arising out of separate occurrences, that

7 person, if issued a restricted driving permit, may not operate

8 a vehicle unless it has been equipped with an ignition

9 interlock device as defined in Section 1-129.1.

10 (3) If:

11 (A) a person's license or permit is revoked or

12 suspended 2 or more times due to any combination of:

13 (i) a single conviction of violating Section

14 11-501 of this Code or a similar provision of a local

15 ordinance or a similar out-of-state offense, or

16 Section 9-3 of the Criminal Code of 1961 or the

17 Criminal Code of 2012, where the use of alcohol or

18 other drugs is recited as an element of the offense, or

19 a similar out-of-state offense; or

20 (ii) a statutory summary suspension or revocation

21 under Section 11-501.1; or

22 (iii) a suspension pursuant to Section 6-203.1;

23 arising out of separate occurrences; or

24 (B) a person has been convicted of one violation of

25 subparagraph (C) or (F) of paragraph (1) of subsection (d)

26 of Section 11-501 of this Code, Section 9-3 of the

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1 Criminal Code of 1961 or the Criminal Code of 2012,

2 relating to the offense of reckless homicide where the use

3 of alcohol or other drugs was recited as an element of the

4 offense, or a similar provision of a law of another state;

5 that person, if issued a restricted driving permit, may not

6 operate a vehicle unless it has been equipped with an ignition

7 interlock device as defined in Section 1-129.1.

8 (4) The person issued a permit conditioned on the use of an

9 ignition interlock device must pay to the Secretary of State

10 DUI Administration Fund an amount not to exceed $30 per month.

11 The Secretary shall establish by rule the amount and the

12 procedures, terms, and conditions relating to these fees.

13 (5) If the restricted driving permit is issued for

14 employment purposes, then the prohibition against operating a

15 motor vehicle that is not equipped with an ignition interlock

16 device does not apply to the operation of an occupational

17 vehicle owned or leased by that person's employer when used

18 solely for employment purposes. For any person who, within a

19 5-year period, is convicted of a second or subsequent offense

20 under Section 11-501 of this Code, or a similar provision of a

21 local ordinance or similar out-of-state offense, this

22 employment exemption does not apply until either a one-year

23 period has elapsed during which that person had his or her

24 driving privileges revoked or a one-year period has elapsed

25 during which that person had a restricted driving permit which

26 required the use of an ignition interlock device on every

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1 motor vehicle owned or operated by that person.

2 (6) In each case the Secretary of State may issue a

3 restricted driving permit for a period he deems appropriate,

4 except that the permit shall expire no later than 2 years from

5 the date of issuance. A restricted driving permit issued under

6 this Section shall be subject to cancellation, revocation, and

7 suspension by the Secretary of State in like manner and for

8 like cause as a driver's license issued under this Code may be

9 cancelled, revoked, or suspended; except that a conviction

10 upon one or more offenses against laws or ordinances

11 regulating the movement of traffic shall be deemed sufficient

12 cause for the revocation, suspension, or cancellation of a

13 restricted driving permit. The Secretary of State may, as a

14 condition to the issuance of a restricted driving permit,

15 require the petitioner to participate in a designated driver

16 remedial or rehabilitative program. The Secretary of State is

17 authorized to cancel a restricted driving permit if the permit

18 holder does not successfully complete the program. However, if

19 an individual's driving privileges have been revoked in

20 accordance with paragraph 13 of subsection (a) of this

21 Section, no restricted driving permit shall be issued until

22 the individual has served 6 months of the revocation period.

23 (c-5) (Blank).

24 (c-6) If a person is convicted of a second violation of

25 operating a motor vehicle while the person's driver's license,

26 permit or privilege was revoked, where the revocation was for

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1 a violation of Section 9-3 of the Criminal Code of 1961 or the

2 Criminal Code of 2012 relating to the offense of reckless

3 homicide or a similar out-of-state offense, the person's

4 driving privileges shall be revoked pursuant to subdivision

5 (a)(15) of this Section. The person may not make application

6 for a license or permit until the expiration of five years from

7 the effective date of the revocation or the expiration of five

8 years from the date of release from a term of imprisonment,

9 whichever is later.

10 (c-7) If a person is convicted of a third or subsequent

11 violation of operating a motor vehicle while the person's

12 driver's license, permit or privilege was revoked, where the

13 revocation was for a violation of Section 9-3 of the Criminal

14 Code of 1961 or the Criminal Code of 2012 relating to the

15 offense of reckless homicide or a similar out-of-state

16 offense, the person may never apply for a license or permit.

17 (d)(1) Whenever a person under the age of 21 is convicted

18 under Section 11-501 of this Code or a similar provision of a

19 local ordinance or a similar out-of-state offense, the

20 Secretary of State shall revoke the driving privileges of that

21 person. One year after the date of revocation, and upon

22 application, the Secretary of State may, if satisfied that the

23 person applying will not endanger the public safety or

24 welfare, issue a restricted driving permit granting the

25 privilege of driving a motor vehicle only between the hours of

26 5 a.m. and 9 p.m. or as otherwise provided by this Section for

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1 a period of one year. After this one-year period, and upon

2 reapplication for a license as provided in Section 6-106, upon

3 payment of the appropriate reinstatement fee provided under

4 paragraph (b) of Section 6-118, the Secretary of State, in his

5 discretion, may reinstate the petitioner's driver's license

6 and driving privileges, or extend the restricted driving

7 permit as many times as the Secretary of State deems

8 appropriate, by additional periods of not more than 24 months

9 each.

10 (2) If a person's license or permit is revoked or

11 suspended due to 2 or more convictions of violating Section

12 11-501 of this Code or a similar provision of a local ordinance

13 or a similar out-of-state offense, or Section 9-3 of the

14 Criminal Code of 1961 or the Criminal Code of 2012, where the

15 use of alcohol or other drugs is recited as an element of the

16 offense, or a similar out-of-state offense, or a combination

17 of these offenses, arising out of separate occurrences, that

18 person, if issued a restricted driving permit, may not operate

19 a vehicle unless it has been equipped with an ignition

20 interlock device as defined in Section 1-129.1.

21 (3) If a person's license or permit is revoked or

22 suspended 2 or more times due to any combination of:

23 (A) a single conviction of violating Section 11-501 of

24 this Code or a similar provision of a local ordinance or a

25 similar out-of-state offense, or Section 9-3 of the

26 Criminal Code of 1961 or the Criminal Code of 2012, where

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1 the use of alcohol or other drugs is recited as an element

2 of the offense, or a similar out-of-state offense; or

3 (B) a statutory summary suspension or revocation under

4 Section 11-501.1; or

5 (C) a suspension pursuant to Section 6-203.1;

6 arising out of separate occurrences, that person, if issued a

7 restricted driving permit, may not operate a vehicle unless it

8 has been equipped with an ignition interlock device as defined

9 in Section 1-129.1.

10 (3.5) If a person's license or permit is revoked or

11 suspended due to a conviction for a violation of subparagraph

12 (C) or (F) of paragraph (1) of subsection (d) of Section 11-501

13 of this Code, or a similar provision of a local ordinance or

14 similar out-of-state offense, that person, if issued a

15 restricted driving permit, may not operate a vehicle unless it

16 has been equipped with an ignition interlock device as defined

17 in Section 1-129.1.

18 (4) The person issued a permit conditioned upon the use of

19 an interlock device must pay to the Secretary of State DUI

20 Administration Fund an amount not to exceed $30 per month. The

21 Secretary shall establish by rule the amount and the

22 procedures, terms, and conditions relating to these fees.

23 (5) If the restricted driving permit is issued for

24 employment purposes, then the prohibition against driving a

25 vehicle that is not equipped with an ignition interlock device

26 does not apply to the operation of an occupational vehicle

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1 owned or leased by that person's employer when used solely for

2 employment purposes. For any person who, within a 5-year

3 period, is convicted of a second or subsequent offense under

4 Section 11-501 of this Code, or a similar provision of a local

5 ordinance or similar out-of-state offense, this employment

6 exemption does not apply until either a one-year period has

7 elapsed during which that person had his or her driving

8 privileges revoked or a one-year period has elapsed during

9 which that person had a restricted driving permit which

10 required the use of an ignition interlock device on every

11 motor vehicle owned or operated by that person.

12 (6) A restricted driving permit issued under this Section

13 shall be subject to cancellation, revocation, and suspension

14 by the Secretary of State in like manner and for like cause as

15 a driver's license issued under this Code may be cancelled,

16 revoked, or suspended; except that a conviction upon one or

17 more offenses against laws or ordinances regulating the

18 movement of traffic shall be deemed sufficient cause for the

19 revocation, suspension, or cancellation of a restricted

20 driving permit.

21 (d-5) The revocation of the license, permit, or driving

22 privileges of a person convicted of a third or subsequent

23 violation of Section 6-303 of this Code committed while his or

24 her driver's license, permit, or privilege was revoked because

25 of a violation of Section 9-3 of the Criminal Code of 1961 or

26 the Criminal Code of 2012, relating to the offense of reckless

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1 homicide, or a similar provision of a law of another state, is

2 permanent. The Secretary may not, at any time, issue a license

3 or permit to that person.

4 (e) This Section is subject to the provisions of the

5 Driver License Compact.

6 (f) Any revocation imposed upon any person under

7 subsections 2 and 3 of paragraph (b) that is in effect on

8 December 31, 1988 shall be converted to a suspension for a like

9 period of time.

10 (g) The Secretary of State shall not issue a restricted

11 driving permit to a person under the age of 16 years whose

12 driving privileges have been revoked under any provisions of

13 this Code.

14 (h) The Secretary of State shall require the use of

15 ignition interlock devices for a period not less than 5 years

16 on all vehicles owned by a person who has been convicted of a

17 second or subsequent offense under Section 11-501 of this Code

18 or a similar provision of a local ordinance. The person must

19 pay to the Secretary of State DUI Administration Fund an

20 amount not to exceed $30 for each month that he or she uses the

21 device. The Secretary shall establish by rule and regulation

22 the procedures for certification and use of the interlock

23 system, the amount of the fee, and the procedures, terms, and

24 conditions relating to these fees. During the time period in

25 which a person is required to install an ignition interlock

26 device under this subsection (h), that person shall only

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1 operate vehicles in which ignition interlock devices have been

2 installed, except as allowed by subdivision (c)(5) or (d)(5)

3 of this Section. Regardless of whether an exemption under

4 subdivision (c) (5) or (d) (5) applies, every person subject

5 to this subsection shall not be eligible for reinstatement

6 until the person installs an ignition interlock device and

7 maintains the ignition interlock device for 5 years.

8 (i) (Blank).

9 (j) In accordance with 49 C.F.R. 384, the Secretary of

10 State may not issue a restricted driving permit for the

11 operation of a commercial motor vehicle to a person holding a

12 CDL whose driving privileges have been revoked, suspended,

13 cancelled, or disqualified under any provisions of this Code.

14 (k) The Secretary of State shall notify by mail any person

15 whose driving privileges have been revoked under paragraph 16

16 of subsection (a) of this Section that his or her driving

17 privileges and driver's license will be revoked 90 days from

18 the date of the mailing of the notice.

19 (Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21;

20 102-982, eff. 7-1-23.)

21 (625 ILCS 5/6-206)

22 (Text of Section before amendment by P.A. 102-982)

23 Sec. 6-206. Discretionary authority to suspend or revoke

24 license or permit; right to a hearing.

25 (a) The Secretary of State is authorized to suspend or

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1 revoke the driving privileges of any person without

2 preliminary hearing upon a showing of the person's records or

3 other sufficient evidence that the person:

4 1. Has committed an offense for which mandatory

5 revocation of a driver's license or permit is required

6 upon conviction;

7 2. Has been convicted of not less than 3 offenses

8 against traffic regulations governing the movement of

9 vehicles committed within any 12-month period. No

10 revocation or suspension shall be entered more than 6

11 months after the date of last conviction;

12 3. Has been repeatedly involved as a driver in motor

13 vehicle collisions or has been repeatedly convicted of

14 offenses against laws and ordinances regulating the

15 movement of traffic, to a degree that indicates lack of

16 ability to exercise ordinary and reasonable care in the

17 safe operation of a motor vehicle or disrespect for the

18 traffic laws and the safety of other persons upon the

19 highway;

20 4. Has by the unlawful operation of a motor vehicle

21 caused or contributed to an accident resulting in injury

22 requiring immediate professional treatment in a medical

23 facility or doctor's office to any person, except that any

24 suspension or revocation imposed by the Secretary of State

25 under the provisions of this subsection shall start no

26 later than 6 months after being convicted of violating a

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1 law or ordinance regulating the movement of traffic, which

2 violation is related to the accident, or shall start not

3 more than one year after the date of the accident,

4 whichever date occurs later;

5 5. Has permitted an unlawful or fraudulent use of a

6 driver's license, identification card, or permit;

7 6. Has been lawfully convicted of an offense or

8 offenses in another state, including the authorization

9 contained in Section 6-203.1, which if committed within

10 this State would be grounds for suspension or revocation;

11 7. Has refused or failed to submit to an examination

12 provided for by Section 6-207 or has failed to pass the

13 examination;

14 8. Is ineligible for a driver's license or permit

15 under the provisions of Section 6-103;

16 9. Has made a false statement or knowingly concealed a

17 material fact or has used false information or

18 identification in any application for a license,

19 identification card, or permit;

20 10. Has possessed, displayed, or attempted to

21 fraudulently use any license, identification card, or

22 permit not issued to the person;

23 11. Has operated a motor vehicle upon a highway of

24 this State when the person's driving privilege or

25 privilege to obtain a driver's license or permit was

26 revoked or suspended unless the operation was authorized

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1 by a monitoring device driving permit, judicial driving

2 permit issued prior to January 1, 2009, probationary

3 license to drive, or restricted driving permit issued

4 under this Code;

5 12. Has submitted to any portion of the application

6 process for another person or has obtained the services of

7 another person to submit to any portion of the application

8 process for the purpose of obtaining a license,

9 identification card, or permit for some other person;

10 13. Has operated a motor vehicle upon a highway of

11 this State when the person's driver's license or permit

12 was invalid under the provisions of Sections 6-107.1 and

13 6-110;

14 14. Has committed a violation of Section 6-301,

15 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or

16 14B of the Illinois Identification Card Act or a similar

17 offense in another state if, at the time of the offense,

18 the person held an Illinois driver's license or

19 identification card;

20 15. Has been convicted of violating Section 21-2 of

21 the Criminal Code of 1961 or the Criminal Code of 2012

22 relating to criminal trespass to vehicles if the person

23 exercised actual physical control over the vehicle during

24 the commission of the offense, in which case the

25 suspension shall be for one year;

26 16. Has been convicted of violating Section 11-204 of

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1 this Code relating to fleeing from a peace officer;

2 17. Has refused to submit to a test, or tests, as

3 required under Section 11-501.1 of this Code and the

4 person has not sought a hearing as provided for in Section

5 11-501.1;

6 18. (Blank);

7 19. Has committed a violation of paragraph (a) or (b)

8 of Section 6-101 relating to driving without a driver's

9 license;

10 20. Has been convicted of violating Section 6-104

11 relating to classification of driver's license;

12 21. Has been convicted of violating Section 11-402 of

13 this Code relating to leaving the scene of an accident

14 resulting in damage to a vehicle in excess of $1,000, in

15 which case the suspension shall be for one year;

16 22. Has used a motor vehicle in violating paragraph

17 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of

18 the Criminal Code of 1961 or the Criminal Code of 2012

19 relating to unlawful use of weapons, in which case the

20 suspension shall be for one year;

21 23. Has, as a driver, been convicted of committing a

22 violation of paragraph (a) of Section 11-502 of this Code

23 for a second or subsequent time within one year of a

24 similar violation;

25 24. Has been convicted by a court-martial or punished

26 by non-judicial punishment by military authorities of the

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1 United States at a military installation in Illinois or in

2 another state of or for a traffic-related offense that is

3 the same as or similar to an offense specified under

4 Section 6-205 or 6-206 of this Code;

5 25. Has permitted any form of identification to be

6 used by another in the application process in order to

7 obtain or attempt to obtain a license, identification

8 card, or permit;

9 26. Has altered or attempted to alter a license or has

10 possessed an altered license, identification card, or

11 permit;

12 27. (Blank);

13 28. Has been convicted for a first time of the illegal

14 possession, while operating or in actual physical control,

15 as a driver, of a motor vehicle, of any controlled

16 substance prohibited under the Illinois Controlled

17 Substances Act, any cannabis prohibited under the Cannabis

18 Control Act, or any methamphetamine prohibited under the

19 Methamphetamine Control and Community Protection Act, in

20 which case the person's driving privileges shall be

21 suspended for one year. Any defendant found guilty of this

22 offense while operating a motor vehicle shall have an

23 entry made in the court record by the presiding judge that

24 this offense did occur while the defendant was operating a

25 motor vehicle and order the clerk of the court to report

26 the violation to the Secretary of State;

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1 29. Has been convicted of the following offenses that

2 were committed while the person was operating or in actual

3 physical control, as a driver, of a motor vehicle:

4 criminal sexual assault, predatory criminal sexual assault

5 of a child, aggravated criminal sexual assault, criminal

6 sexual abuse, aggravated criminal sexual abuse, juvenile

7 pimping, soliciting for a juvenile prostitute, promoting

8 juvenile prostitution as described in subdivision (a)(1),

9 (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code

10 of 1961 or the Criminal Code of 2012, and the manufacture,

11 sale or delivery of controlled substances or instruments

12 used for illegal drug use or abuse in which case the

13 driver's driving privileges shall be suspended for one

14 year;

15 30. Has been convicted a second or subsequent time for

16 any combination of the offenses named in paragraph 29 of

17 this subsection, in which case the person's driving

18 privileges shall be suspended for 5 years;

19 31. Has refused to submit to a test as required by

20 Section 11-501.6 of this Code or Section 5-16c of the Boat

21 Registration and Safety Act or has submitted to a test

22 resulting in an alcohol concentration of 0.08 or more or

23 any amount of a drug, substance, or compound resulting

24 from the unlawful use or consumption of cannabis as listed

25 in the Cannabis Control Act, a controlled substance as

26 listed in the Illinois Controlled Substances Act, an

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1 intoxicating compound as listed in the Use of Intoxicating

2 Compounds Act, or methamphetamine as listed in the

3 Methamphetamine Control and Community Protection Act, in

4 which case the penalty shall be as prescribed in Section

5 6-208.1;

6 32. Has been convicted of Section 24-1.2 of the

7 Criminal Code of 1961 or the Criminal Code of 2012

8 relating to the aggravated discharge of a firearm if the

9 offender was located in a motor vehicle at the time the

10 firearm was discharged, in which case the suspension shall

11 be for 3 years;

12 33. Has as a driver, who was less than 21 years of age

13 on the date of the offense, been convicted a first time of

14 a violation of paragraph (a) of Section 11-502 of this

15 Code or a similar provision of a local ordinance;

16 34. Has committed a violation of Section 11-1301.5 of

17 this Code or a similar provision of a local ordinance;

18 35. Has committed a violation of Section 11-1301.6 of

19 this Code or a similar provision of a local ordinance;

20 36. Is under the age of 21 years at the time of arrest

21 and has been convicted of not less than 2 offenses against

22 traffic regulations governing the movement of vehicles

23 committed within any 24-month period. No revocation or

24 suspension shall be entered more than 6 months after the

25 date of last conviction;

26 37. Has committed a violation of subsection (c) of

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1 Section 11-907 of this Code that resulted in damage to the

2 property of another or the death or injury of another;

3 38. Has been convicted of a violation of Section 6-20

4 of the Liquor Control Act of 1934 or a similar provision of

5 a local ordinance and the person was an occupant of a motor

6 vehicle at the time of the violation;

7 39. Has committed a second or subsequent violation of

8 Section 11-1201 of this Code;

9 40. Has committed a violation of subsection (a-1) of

10 Section 11-908 of this Code;

11 41. Has committed a second or subsequent violation of

12 Section 11-605.1 of this Code, a similar provision of a

13 local ordinance, or a similar violation in any other state

14 within 2 years of the date of the previous violation, in

15 which case the suspension shall be for 90 days;

16 42. Has committed a violation of subsection (a-1) of

17 Section 11-1301.3 of this Code or a similar provision of a

18 local ordinance;

19 43. Has received a disposition of court supervision

20 for a violation of subsection (a), (d), or (e) of Section

21 6-20 of the Liquor Control Act of 1934 or a similar

22 provision of a local ordinance and the person was an

23 occupant of a motor vehicle at the time of the violation,

24 in which case the suspension shall be for a period of 3

25 months;

26 44. Is under the age of 21 years at the time of arrest

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1 and has been convicted of an offense against traffic

2 regulations governing the movement of vehicles after

3 having previously had his or her driving privileges

4 suspended or revoked pursuant to subparagraph 36 of this

5 Section;

6 45. Has, in connection with or during the course of a

7 formal hearing conducted under Section 2-118 of this Code:

8 (i) committed perjury; (ii) submitted fraudulent or

9 falsified documents; (iii) submitted documents that have

10 been materially altered; or (iv) submitted, as his or her

11 own, documents that were in fact prepared or composed for

12 another person;

13 46. Has committed a violation of subsection (j) of

14 Section 3-413 of this Code;

15 47. Has committed a violation of subsection (a) of

16 Section 11-502.1 of this Code;

17 48. Has submitted a falsified or altered medical

18 examiner's certificate to the Secretary of State or

19 provided false information to obtain a medical examiner's

20 certificate;

21 49. Has been convicted of a violation of Section

22 11-1002 or 11-1002.5 that resulted in a Type A injury to

23 another, in which case the driving privileges of the

24 person shall be suspended for 12 months;

25 50. Has committed a violation of subsection (b-5) of

26 Section 12-610.2 that resulted in great bodily harm,

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1 permanent disability, or disfigurement, in which case the

2 driving privileges of the person shall be suspended for 12

3 months;

4 51. Has committed a violation of Section 10-15 Of the

5 Cannabis Regulation and Tax Act or a similar provision of

6 a local ordinance while in a motor vehicle; or

7 52. Has committed a violation of subsection (b) of

8 Section 10-20 of the Cannabis Regulation and Tax Act or a

9 similar provision of a local ordinance.

10 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,

11 and 27 of this subsection, license means any driver's license,

12 any traffic ticket issued when the person's driver's license

13 is deposited in lieu of bail, a suspension notice issued by the

14 Secretary of State, a duplicate or corrected driver's license,

15 a probationary driver's license, or a temporary driver's

16 license.

17 (b) If any conviction forming the basis of a suspension or

18 revocation authorized under this Section is appealed, the

19 Secretary of State may rescind or withhold the entry of the

20 order of suspension or revocation, as the case may be,

21 provided that a certified copy of a stay order of a court is

22 filed with the Secretary of State. If the conviction is

23 affirmed on appeal, the date of the conviction shall relate

24 back to the time the original judgment of conviction was

25 entered and the 6-month limitation prescribed shall not apply.

26 (c) 1. Upon suspending or revoking the driver's license or

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1 permit of any person as authorized in this Section, the

2 Secretary of State shall immediately notify the person in

3 writing of the revocation or suspension. The notice to be

4 deposited in the United States mail, postage prepaid, to the

5 last known address of the person.

6 2. If the Secretary of State suspends the driver's license

7 of a person under subsection 2 of paragraph (a) of this

8 Section, a person's privilege to operate a vehicle as an

9 occupation shall not be suspended, provided an affidavit is

10 properly completed, the appropriate fee received, and a permit

11 issued prior to the effective date of the suspension, unless 5

12 offenses were committed, at least 2 of which occurred while

13 operating a commercial vehicle in connection with the driver's

14 regular occupation. All other driving privileges shall be

15 suspended by the Secretary of State. Any driver prior to

16 operating a vehicle for occupational purposes only must submit

17 the affidavit on forms to be provided by the Secretary of State

18 setting forth the facts of the person's occupation. The

19 affidavit shall also state the number of offenses committed

20 while operating a vehicle in connection with the driver's

21 regular occupation. The affidavit shall be accompanied by the

22 driver's license. Upon receipt of a properly completed

23 affidavit, the Secretary of State shall issue the driver a

24 permit to operate a vehicle in connection with the driver's

25 regular occupation only. Unless the permit is issued by the

26 Secretary of State prior to the date of suspension, the

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1 privilege to drive any motor vehicle shall be suspended as set

2 forth in the notice that was mailed under this Section. If an

3 affidavit is received subsequent to the effective date of this

4 suspension, a permit may be issued for the remainder of the

5 suspension period.

6 The provisions of this subparagraph shall not apply to any

7 driver required to possess a CDL for the purpose of operating a

8 commercial motor vehicle.

9 Any person who falsely states any fact in the affidavit

10 required herein shall be guilty of perjury under Section 6-302

11 and upon conviction thereof shall have all driving privileges

12 revoked without further rights.

13 3. At the conclusion of a hearing under Section 2-118 of

14 this Code, the Secretary of State shall either rescind or

15 continue an order of revocation or shall substitute an order

16 of suspension; or, good cause appearing therefor, rescind,

17 continue, change, or extend the order of suspension. If the

18 Secretary of State does not rescind the order, the Secretary

19 may upon application, to relieve undue hardship (as defined by

20 the rules of the Secretary of State), issue a restricted

21 driving permit granting the privilege of driving a motor

22 vehicle between the petitioner's residence and petitioner's

23 place of employment or within the scope of the petitioner's

24 employment-related duties, or to allow the petitioner to

25 transport himself or herself, or a family member of the

26 petitioner's household to a medical facility, to receive

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1 necessary medical care, to allow the petitioner to transport

2 himself or herself to and from alcohol or drug remedial or

3 rehabilitative activity recommended by a licensed service

4 provider, or to allow the petitioner to transport himself or

5 herself or a family member of the petitioner's household to

6 classes, as a student, at an accredited educational

7 institution, or to allow the petitioner to transport children,

8 elderly persons, or persons with disabilities who do not hold

9 driving privileges and are living in the petitioner's

10 household to and from child care or adult day care ~~daycare~~. The

11 petitioner must demonstrate that no alternative means of

12 transportation is reasonably available and that the petitioner

13 will not endanger the public safety or welfare.

14 (A) If a person's license or permit is revoked or

15 suspended due to 2 or more convictions of violating

16 Section 11-501 of this Code or a similar provision of a

17 local ordinance or a similar out-of-state offense, or

18 Section 9-3 of the Criminal Code of 1961 or the Criminal

19 Code of 2012, where the use of alcohol or other drugs is

20 recited as an element of the offense, or a similar

21 out-of-state offense, or a combination of these offenses,

22 arising out of separate occurrences, that person, if

23 issued a restricted driving permit, may not operate a

24 vehicle unless it has been equipped with an ignition

25 interlock device as defined in Section 1-129.1.

26 (B) If a person's license or permit is revoked or

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1 suspended 2 or more times due to any combination of:

2 (i) a single conviction of violating Section

3 11-501 of this Code or a similar provision of a local

4 ordinance or a similar out-of-state offense or Section

5 9-3 of the Criminal Code of 1961 or the Criminal Code

6 of 2012, where the use of alcohol or other drugs is

7 recited as an element of the offense, or a similar

8 out-of-state offense; or

9 (ii) a statutory summary suspension or revocation

10 under Section 11-501.1; or

11 (iii) a suspension under Section 6-203.1;

12 arising out of separate occurrences; that person, if

13 issued a restricted driving permit, may not operate a

14 vehicle unless it has been equipped with an ignition

15 interlock device as defined in Section 1-129.1.

16 (B-5) If a person's license or permit is revoked or

17 suspended due to a conviction for a violation of

18 subparagraph (C) or (F) of paragraph (1) of subsection (d)

19 of Section 11-501 of this Code, or a similar provision of a

20 local ordinance or similar out-of-state offense, that

21 person, if issued a restricted driving permit, may not

22 operate a vehicle unless it has been equipped with an

23 ignition interlock device as defined in Section 1-129.1.

24 (C) The person issued a permit conditioned upon the

25 use of an ignition interlock device must pay to the

26 Secretary of State DUI Administration Fund an amount not

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1 to exceed $30 per month. The Secretary shall establish by

2 rule the amount and the procedures, terms, and conditions

3 relating to these fees.

4 (D) If the restricted driving permit is issued for

5 employment purposes, then the prohibition against

6 operating a motor vehicle that is not equipped with an

7 ignition interlock device does not apply to the operation

8 of an occupational vehicle owned or leased by that

9 person's employer when used solely for employment

10 purposes. For any person who, within a 5-year period, is

11 convicted of a second or subsequent offense under Section

12 11-501 of this Code, or a similar provision of a local

13 ordinance or similar out-of-state offense, this employment

14 exemption does not apply until either a one-year period

15 has elapsed during which that person had his or her

16 driving privileges revoked or a one-year period has

17 elapsed during which that person had a restricted driving

18 permit which required the use of an ignition interlock

19 device on every motor vehicle owned or operated by that

20 person.

21 (E) In each case the Secretary may issue a restricted

22 driving permit for a period deemed appropriate, except

23 that all permits shall expire no later than 2 years from

24 the date of issuance. A restricted driving permit issued

25 under this Section shall be subject to cancellation,

26 revocation, and suspension by the Secretary of State in

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1 like manner and for like cause as a driver's license

2 issued under this Code may be cancelled, revoked, or

3 suspended; except that a conviction upon one or more

4 offenses against laws or ordinances regulating the

5 movement of traffic shall be deemed sufficient cause for

6 the revocation, suspension, or cancellation of a

7 restricted driving permit. The Secretary of State may, as

8 a condition to the issuance of a restricted driving

9 permit, require the applicant to participate in a

10 designated driver remedial or rehabilitative program. The

11 Secretary of State is authorized to cancel a restricted

12 driving permit if the permit holder does not successfully

13 complete the program.

14 (F) A person subject to the provisions of paragraph 4

15 of subsection (b) of Section 6-208 of this Code may make

16 application for a restricted driving permit at a hearing

17 conducted under Section 2-118 of this Code after the

18 expiration of 5 years from the effective date of the most

19 recent revocation or after 5 years from the date of

20 release from a period of imprisonment resulting from a

21 conviction of the most recent offense, whichever is later,

22 provided the person, in addition to all other requirements

23 of the Secretary, shows by clear and convincing evidence:

24 (i) a minimum of 3 years of uninterrupted

25 abstinence from alcohol and the unlawful use or

26 consumption of cannabis under the Cannabis Control

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1 Act, a controlled substance under the Illinois

2 Controlled Substances Act, an intoxicating compound

3 under the Use of Intoxicating Compounds Act, or

4 methamphetamine under the Methamphetamine Control and

5 Community Protection Act; and

6 (ii) the successful completion of any

7 rehabilitative treatment and involvement in any

8 ongoing rehabilitative activity that may be

9 recommended by a properly licensed service provider

10 according to an assessment of the person's alcohol or

11 drug use under Section 11-501.01 of this Code.

12 In determining whether an applicant is eligible for a

13 restricted driving permit under this subparagraph (F), the

14 Secretary may consider any relevant evidence, including,

15 but not limited to, testimony, affidavits, records, and

16 the results of regular alcohol or drug tests. Persons

17 subject to the provisions of paragraph 4 of subsection (b)

18 of Section 6-208 of this Code and who have been convicted

19 of more than one violation of paragraph (3), paragraph

20 (4), or paragraph (5) of subsection (a) of Section 11-501

21 of this Code shall not be eligible to apply for a

22 restricted driving permit under this subparagraph (F).

23 A restricted driving permit issued under this

24 subparagraph (F) shall provide that the holder may only

25 operate motor vehicles equipped with an ignition interlock

26 device as required under paragraph (2) of subsection (c)

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1 of Section 6-205 of this Code and subparagraph (A) of

2 paragraph 3 of subsection (c) of this Section. The

3 Secretary may revoke a restricted driving permit or amend

4 the conditions of a restricted driving permit issued under

5 this subparagraph (F) if the holder operates a vehicle

6 that is not equipped with an ignition interlock device, or

7 for any other reason authorized under this Code.

8 A restricted driving permit issued under this

9 subparagraph (F) shall be revoked, and the holder barred

10 from applying for or being issued a restricted driving

11 permit in the future, if the holder is convicted of a

12 violation of Section 11-501 of this Code, a similar

13 provision of a local ordinance, or a similar offense in

14 another state.

15 (c-3) In the case of a suspension under paragraph 43 of

16 subsection (a), reports received by the Secretary of State

17 under this Section shall, except during the actual time the

18 suspension is in effect, be privileged information and for use

19 only by the courts, police officers, prosecuting authorities,

20 the driver licensing administrator of any other state, the

21 Secretary of State, or the parent or legal guardian of a driver

22 under the age of 18. However, beginning January 1, 2008, if the

23 person is a CDL holder, the suspension shall also be made

24 available to the driver licensing administrator of any other

25 state, the U.S. Department of Transportation, and the affected

26 driver or motor carrier or prospective motor carrier upon

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1 request.

2 (c-4) In the case of a suspension under paragraph 43 of

3 subsection (a), the Secretary of State shall notify the person

4 by mail that his or her driving privileges and driver's

5 license will be suspended one month after the date of the

6 mailing of the notice.

7 (c-5) The Secretary of State may, as a condition of the

8 reissuance of a driver's license or permit to an applicant

9 whose driver's license or permit has been suspended before he

10 or she reached the age of 21 years pursuant to any of the

11 provisions of this Section, require the applicant to

12 participate in a driver remedial education course and be

13 retested under Section 6-109 of this Code.

14 (d) This Section is subject to the provisions of the

15 Driver License Compact.

16 (e) The Secretary of State shall not issue a restricted

17 driving permit to a person under the age of 16 years whose

18 driving privileges have been suspended or revoked under any

19 provisions of this Code.

20 (f) In accordance with 49 CFR 384, the Secretary of State

21 may not issue a restricted driving permit for the operation of

22 a commercial motor vehicle to a person holding a CDL whose

23 driving privileges have been suspended, revoked, cancelled, or

24 disqualified under any provisions of this Code.

25 (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;

26 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.

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1 8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,

2 eff. 5-13-22; revised 12-14-22.)

3 (Text of Section after amendment by P.A. 102-982)

4 Sec. 6-206. Discretionary authority to suspend or revoke

5 license or permit; right to a hearing.

6 (a) The Secretary of State is authorized to suspend or

7 revoke the driving privileges of any person without

8 preliminary hearing upon a showing of the person's records or

9 other sufficient evidence that the person:

10 1. Has committed an offense for which mandatory

11 revocation of a driver's license or permit is required

12 upon conviction;

13 2. Has been convicted of not less than 3 offenses

14 against traffic regulations governing the movement of

15 vehicles committed within any 12-month period. No

16 revocation or suspension shall be entered more than 6

17 months after the date of last conviction;

18 3. Has been repeatedly involved as a driver in motor

19 vehicle collisions or has been repeatedly convicted of

20 offenses against laws and ordinances regulating the

21 movement of traffic, to a degree that indicates lack of

22 ability to exercise ordinary and reasonable care in the

23 safe operation of a motor vehicle or disrespect for the

24 traffic laws and the safety of other persons upon the

25 highway;

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1 4. Has by the unlawful operation of a motor vehicle

2 caused or contributed to a crash resulting in injury

3 requiring immediate professional treatment in a medical

4 facility or doctor's office to any person, except that any

5 suspension or revocation imposed by the Secretary of State

6 under the provisions of this subsection shall start no

7 later than 6 months after being convicted of violating a

8 law or ordinance regulating the movement of traffic, which

9 violation is related to the crash, or shall start not more

10 than one year after the date of the crash, whichever date

11 occurs later;

12 5. Has permitted an unlawful or fraudulent use of a

13 driver's license, identification card, or permit;

14 6. Has been lawfully convicted of an offense or

15 offenses in another state, including the authorization

16 contained in Section 6-203.1, which if committed within

17 this State would be grounds for suspension or revocation;

18 7. Has refused or failed to submit to an examination

19 provided for by Section 6-207 or has failed to pass the

20 examination;

21 8. Is ineligible for a driver's license or permit

22 under the provisions of Section 6-103;

23 9. Has made a false statement or knowingly concealed a

24 material fact or has used false information or

25 identification in any application for a license,

26 identification card, or permit;

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1 10. Has possessed, displayed, or attempted to

2 fraudulently use any license, identification card, or

3 permit not issued to the person;

4 11. Has operated a motor vehicle upon a highway of

5 this State when the person's driving privilege or

6 privilege to obtain a driver's license or permit was

7 revoked or suspended unless the operation was authorized

8 by a monitoring device driving permit, judicial driving

9 permit issued prior to January 1, 2009, probationary

10 license to drive, or restricted driving permit issued

11 under this Code;

12 12. Has submitted to any portion of the application

13 process for another person or has obtained the services of

14 another person to submit to any portion of the application

15 process for the purpose of obtaining a license,

16 identification card, or permit for some other person;

17 13. Has operated a motor vehicle upon a highway of

18 this State when the person's driver's license or permit

19 was invalid under the provisions of Sections 6-107.1 and

20 6-110;

21 14. Has committed a violation of Section 6-301,

22 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or

23 14B of the Illinois Identification Card Act or a similar

24 offense in another state if, at the time of the offense,

25 the person held an Illinois driver's license or

26 identification card;

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1 15. Has been convicted of violating Section 21-2 of

2 the Criminal Code of 1961 or the Criminal Code of 2012

3 relating to criminal trespass to vehicles if the person

4 exercised actual physical control over the vehicle during

5 the commission of the offense, in which case the

6 suspension shall be for one year;

7 16. Has been convicted of violating Section 11-204 of

8 this Code relating to fleeing from a peace officer;

9 17. Has refused to submit to a test, or tests, as

10 required under Section 11-501.1 of this Code and the

11 person has not sought a hearing as provided for in Section

12 11-501.1;

13 18. (Blank);

14 19. Has committed a violation of paragraph (a) or (b)

15 of Section 6-101 relating to driving without a driver's

16 license;

17 20. Has been convicted of violating Section 6-104

18 relating to classification of driver's license;

19 21. Has been convicted of violating Section 11-402 of

20 this Code relating to leaving the scene of a crash

21 resulting in damage to a vehicle in excess of $1,000, in

22 which case the suspension shall be for one year;

23 22. Has used a motor vehicle in violating paragraph

24 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of

25 the Criminal Code of 1961 or the Criminal Code of 2012

26 relating to unlawful use of weapons, in which case the

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1 suspension shall be for one year;

2 23. Has, as a driver, been convicted of committing a

3 violation of paragraph (a) of Section 11-502 of this Code

4 for a second or subsequent time within one year of a

5 similar violation;

6 24. Has been convicted by a court-martial or punished

7 by non-judicial punishment by military authorities of the

8 United States at a military installation in Illinois or in

9 another state of or for a traffic-related offense that is

10 the same as or similar to an offense specified under

11 Section 6-205 or 6-206 of this Code;

12 25. Has permitted any form of identification to be

13 used by another in the application process in order to

14 obtain or attempt to obtain a license, identification

15 card, or permit;

16 26. Has altered or attempted to alter a license or has

17 possessed an altered license, identification card, or

18 permit;

19 27. (Blank);

20 28. Has been convicted for a first time of the illegal

21 possession, while operating or in actual physical control,

22 as a driver, of a motor vehicle, of any controlled

23 substance prohibited under the Illinois Controlled

24 Substances Act, any cannabis prohibited under the Cannabis

25 Control Act, or any methamphetamine prohibited under the

26 Methamphetamine Control and Community Protection Act, in

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1 which case the person's driving privileges shall be

2 suspended for one year. Any defendant found guilty of this

3 offense while operating a motor vehicle shall have an

4 entry made in the court record by the presiding judge that

5 this offense did occur while the defendant was operating a

6 motor vehicle and order the clerk of the court to report

7 the violation to the Secretary of State;

8 29. Has been convicted of the following offenses that

9 were committed while the person was operating or in actual

10 physical control, as a driver, of a motor vehicle:

11 criminal sexual assault, predatory criminal sexual assault

12 of a child, aggravated criminal sexual assault, criminal

13 sexual abuse, aggravated criminal sexual abuse, juvenile

14 pimping, soliciting for a juvenile prostitute, promoting

15 juvenile prostitution as described in subdivision (a)(1),

16 (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code

17 of 1961 or the Criminal Code of 2012, and the manufacture,

18 sale or delivery of controlled substances or instruments

19 used for illegal drug use or abuse in which case the

20 driver's driving privileges shall be suspended for one

21 year;

22 30. Has been convicted a second or subsequent time for

23 any combination of the offenses named in paragraph 29 of

24 this subsection, in which case the person's driving

25 privileges shall be suspended for 5 years;

26 31. Has refused to submit to a test as required by

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1 Section 11-501.6 of this Code or Section 5-16c of the Boat

2 Registration and Safety Act or has submitted to a test

3 resulting in an alcohol concentration of 0.08 or more or

4 any amount of a drug, substance, or compound resulting

5 from the unlawful use or consumption of cannabis as listed

6 in the Cannabis Control Act, a controlled substance as

7 listed in the Illinois Controlled Substances Act, an

8 intoxicating compound as listed in the Use of Intoxicating

9 Compounds Act, or methamphetamine as listed in the

10 Methamphetamine Control and Community Protection Act, in

11 which case the penalty shall be as prescribed in Section

12 6-208.1;

13 32. Has been convicted of Section 24-1.2 of the

14 Criminal Code of 1961 or the Criminal Code of 2012

15 relating to the aggravated discharge of a firearm if the

16 offender was located in a motor vehicle at the time the

17 firearm was discharged, in which case the suspension shall

18 be for 3 years;

19 33. Has as a driver, who was less than 21 years of age

20 on the date of the offense, been convicted a first time of

21 a violation of paragraph (a) of Section 11-502 of this

22 Code or a similar provision of a local ordinance;

23 34. Has committed a violation of Section 11-1301.5 of

24 this Code or a similar provision of a local ordinance;

25 35. Has committed a violation of Section 11-1301.6 of

26 this Code or a similar provision of a local ordinance;

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1 36. Is under the age of 21 years at the time of arrest

2 and has been convicted of not less than 2 offenses against

3 traffic regulations governing the movement of vehicles

4 committed within any 24-month period. No revocation or

5 suspension shall be entered more than 6 months after the

6 date of last conviction;

7 37. Has committed a violation of subsection (c) of

8 Section 11-907 of this Code that resulted in damage to the

9 property of another or the death or injury of another;

10 38. Has been convicted of a violation of Section 6-20

11 of the Liquor Control Act of 1934 or a similar provision of

12 a local ordinance and the person was an occupant of a motor

13 vehicle at the time of the violation;

14 39. Has committed a second or subsequent violation of

15 Section 11-1201 of this Code;

16 40. Has committed a violation of subsection (a-1) of

17 Section 11-908 of this Code;

18 41. Has committed a second or subsequent violation of

19 Section 11-605.1 of this Code, a similar provision of a

20 local ordinance, or a similar violation in any other state

21 within 2 years of the date of the previous violation, in

22 which case the suspension shall be for 90 days;

23 42. Has committed a violation of subsection (a-1) of

24 Section 11-1301.3 of this Code or a similar provision of a

25 local ordinance;

26 43. Has received a disposition of court supervision

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1 for a violation of subsection (a), (d), or (e) of Section

2 6-20 of the Liquor Control Act of 1934 or a similar

3 provision of a local ordinance and the person was an

4 occupant of a motor vehicle at the time of the violation,

5 in which case the suspension shall be for a period of 3

6 months;

7 44. Is under the age of 21 years at the time of arrest

8 and has been convicted of an offense against traffic

9 regulations governing the movement of vehicles after

10 having previously had his or her driving privileges

11 suspended or revoked pursuant to subparagraph 36 of this

12 Section;

13 45. Has, in connection with or during the course of a

14 formal hearing conducted under Section 2-118 of this Code:

15 (i) committed perjury; (ii) submitted fraudulent or

16 falsified documents; (iii) submitted documents that have

17 been materially altered; or (iv) submitted, as his or her

18 own, documents that were in fact prepared or composed for

19 another person;

20 46. Has committed a violation of subsection (j) of

21 Section 3-413 of this Code;

22 47. Has committed a violation of subsection (a) of

23 Section 11-502.1 of this Code;

24 48. Has submitted a falsified or altered medical

25 examiner's certificate to the Secretary of State or

26 provided false information to obtain a medical examiner's

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1 certificate;

2 49. Has been convicted of a violation of Section

3 11-1002 or 11-1002.5 that resulted in a Type A injury to

4 another, in which case the driving privileges of the

5 person shall be suspended for 12 months;

6 50. Has committed a violation of subsection (b-5) of

7 Section 12-610.2 that resulted in great bodily harm,

8 permanent disability, or disfigurement, in which case the

9 driving privileges of the person shall be suspended for 12

10 months;

11 51. Has committed a violation of Section 10-15 Of the

12 Cannabis Regulation and Tax Act or a similar provision of

13 a local ordinance while in a motor vehicle; or

14 52. Has committed a violation of subsection (b) of

15 Section 10-20 of the Cannabis Regulation and Tax Act or a

16 similar provision of a local ordinance.

17 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,

18 and 27 of this subsection, license means any driver's license,

19 any traffic ticket issued when the person's driver's license

20 is deposited in lieu of bail, a suspension notice issued by the

21 Secretary of State, a duplicate or corrected driver's license,

22 a probationary driver's license, or a temporary driver's

23 license.

24 (b) If any conviction forming the basis of a suspension or

25 revocation authorized under this Section is appealed, the

26 Secretary of State may rescind or withhold the entry of the

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1 order of suspension or revocation, as the case may be,

2 provided that a certified copy of a stay order of a court is

3 filed with the Secretary of State. If the conviction is

4 affirmed on appeal, the date of the conviction shall relate

5 back to the time the original judgment of conviction was

6 entered and the 6-month limitation prescribed shall not apply.

7 (c) 1. Upon suspending or revoking the driver's license or

8 permit of any person as authorized in this Section, the

9 Secretary of State shall immediately notify the person in

10 writing of the revocation or suspension. The notice to be

11 deposited in the United States mail, postage prepaid, to the

12 last known address of the person.

13 2. If the Secretary of State suspends the driver's license

14 of a person under subsection 2 of paragraph (a) of this

15 Section, a person's privilege to operate a vehicle as an

16 occupation shall not be suspended, provided an affidavit is

17 properly completed, the appropriate fee received, and a permit

18 issued prior to the effective date of the suspension, unless 5

19 offenses were committed, at least 2 of which occurred while

20 operating a commercial vehicle in connection with the driver's

21 regular occupation. All other driving privileges shall be

22 suspended by the Secretary of State. Any driver prior to

23 operating a vehicle for occupational purposes only must submit

24 the affidavit on forms to be provided by the Secretary of State

25 setting forth the facts of the person's occupation. The

26 affidavit shall also state the number of offenses committed

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1 while operating a vehicle in connection with the driver's

2 regular occupation. The affidavit shall be accompanied by the

3 driver's license. Upon receipt of a properly completed

4 affidavit, the Secretary of State shall issue the driver a

5 permit to operate a vehicle in connection with the driver's

6 regular occupation only. Unless the permit is issued by the

7 Secretary of State prior to the date of suspension, the

8 privilege to drive any motor vehicle shall be suspended as set

9 forth in the notice that was mailed under this Section. If an

10 affidavit is received subsequent to the effective date of this

11 suspension, a permit may be issued for the remainder of the

12 suspension period.

13 The provisions of this subparagraph shall not apply to any

14 driver required to possess a CDL for the purpose of operating a

15 commercial motor vehicle.

16 Any person who falsely states any fact in the affidavit

17 required herein shall be guilty of perjury under Section 6-302

18 and upon conviction thereof shall have all driving privileges

19 revoked without further rights.

20 3. At the conclusion of a hearing under Section 2-118 of

21 this Code, the Secretary of State shall either rescind or

22 continue an order of revocation or shall substitute an order

23 of suspension; or, good cause appearing therefor, rescind,

24 continue, change, or extend the order of suspension. If the

25 Secretary of State does not rescind the order, the Secretary

26 may upon application, to relieve undue hardship (as defined by

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1 the rules of the Secretary of State), issue a restricted

2 driving permit granting the privilege of driving a motor

3 vehicle between the petitioner's residence and petitioner's

4 place of employment or within the scope of the petitioner's

5 employment-related duties, or to allow the petitioner to

6 transport himself or herself, or a family member of the

7 petitioner's household to a medical facility, to receive

8 necessary medical care, to allow the petitioner to transport

9 himself or herself to and from alcohol or drug remedial or

10 rehabilitative activity recommended by a licensed service

11 provider, or to allow the petitioner to transport himself or

12 herself or a family member of the petitioner's household to

13 classes, as a student, at an accredited educational

14 institution, or to allow the petitioner to transport children,

15 elderly persons, or persons with disabilities who do not hold

16 driving privileges and are living in the petitioner's

17 household to and from child care or adult day care ~~daycare~~. The

18 petitioner must demonstrate that no alternative means of

19 transportation is reasonably available and that the petitioner

20 will not endanger the public safety or welfare.

21 (A) If a person's license or permit is revoked or

22 suspended due to 2 or more convictions of violating

23 Section 11-501 of this Code or a similar provision of a

24 local ordinance or a similar out-of-state offense, or

25 Section 9-3 of the Criminal Code of 1961 or the Criminal

26 Code of 2012, where the use of alcohol or other drugs is

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1 recited as an element of the offense, or a similar

2 out-of-state offense, or a combination of these offenses,

3 arising out of separate occurrences, that person, if

4 issued a restricted driving permit, may not operate a

5 vehicle unless it has been equipped with an ignition

6 interlock device as defined in Section 1-129.1.

7 (B) If a person's license or permit is revoked or

8 suspended 2 or more times due to any combination of:

9 (i) a single conviction of violating Section

10 11-501 of this Code or a similar provision of a local

11 ordinance or a similar out-of-state offense or Section

12 9-3 of the Criminal Code of 1961 or the Criminal Code

13 of 2012, where the use of alcohol or other drugs is

14 recited as an element of the offense, or a similar

15 out-of-state offense; or

16 (ii) a statutory summary suspension or revocation

17 under Section 11-501.1; or

18 (iii) a suspension under Section 6-203.1;

19 arising out of separate occurrences; that person, if

20 issued a restricted driving permit, may not operate a

21 vehicle unless it has been equipped with an ignition

22 interlock device as defined in Section 1-129.1.

23 (B-5) If a person's license or permit is revoked or

24 suspended due to a conviction for a violation of

25 subparagraph (C) or (F) of paragraph (1) of subsection (d)

26 of Section 11-501 of this Code, or a similar provision of a

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1 local ordinance or similar out-of-state offense, that

2 person, if issued a restricted driving permit, may not

3 operate a vehicle unless it has been equipped with an

4 ignition interlock device as defined in Section 1-129.1.

5 (C) The person issued a permit conditioned upon the

6 use of an ignition interlock device must pay to the

7 Secretary of State DUI Administration Fund an amount not

8 to exceed $30 per month. The Secretary shall establish by

9 rule the amount and the procedures, terms, and conditions

10 relating to these fees.

11 (D) If the restricted driving permit is issued for

12 employment purposes, then the prohibition against

13 operating a motor vehicle that is not equipped with an

14 ignition interlock device does not apply to the operation

15 of an occupational vehicle owned or leased by that

16 person's employer when used solely for employment

17 purposes. For any person who, within a 5-year period, is

18 convicted of a second or subsequent offense under Section

19 11-501 of this Code, or a similar provision of a local

20 ordinance or similar out-of-state offense, this employment

21 exemption does not apply until either a one-year period

22 has elapsed during which that person had his or her

23 driving privileges revoked or a one-year period has

24 elapsed during which that person had a restricted driving

25 permit which required the use of an ignition interlock

26 device on every motor vehicle owned or operated by that

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1 person.

2 (E) In each case the Secretary may issue a restricted

3 driving permit for a period deemed appropriate, except

4 that all permits shall expire no later than 2 years from

5 the date of issuance. A restricted driving permit issued

6 under this Section shall be subject to cancellation,

7 revocation, and suspension by the Secretary of State in

8 like manner and for like cause as a driver's license

9 issued under this Code may be cancelled, revoked, or

10 suspended; except that a conviction upon one or more

11 offenses against laws or ordinances regulating the

12 movement of traffic shall be deemed sufficient cause for

13 the revocation, suspension, or cancellation of a

14 restricted driving permit. The Secretary of State may, as

15 a condition to the issuance of a restricted driving

16 permit, require the applicant to participate in a

17 designated driver remedial or rehabilitative program. The

18 Secretary of State is authorized to cancel a restricted

19 driving permit if the permit holder does not successfully

20 complete the program.

21 (F) A person subject to the provisions of paragraph 4

22 of subsection (b) of Section 6-208 of this Code may make

23 application for a restricted driving permit at a hearing

24 conducted under Section 2-118 of this Code after the

25 expiration of 5 years from the effective date of the most

26 recent revocation or after 5 years from the date of

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1 release from a period of imprisonment resulting from a

2 conviction of the most recent offense, whichever is later,

3 provided the person, in addition to all other requirements

4 of the Secretary, shows by clear and convincing evidence:

5 (i) a minimum of 3 years of uninterrupted

6 abstinence from alcohol and the unlawful use or

7 consumption of cannabis under the Cannabis Control

8 Act, a controlled substance under the Illinois

9 Controlled Substances Act, an intoxicating compound

10 under the Use of Intoxicating Compounds Act, or

11 methamphetamine under the Methamphetamine Control and

12 Community Protection Act; and

13 (ii) the successful completion of any

14 rehabilitative treatment and involvement in any

15 ongoing rehabilitative activity that may be

16 recommended by a properly licensed service provider

17 according to an assessment of the person's alcohol or

18 drug use under Section 11-501.01 of this Code.

19 In determining whether an applicant is eligible for a

20 restricted driving permit under this subparagraph (F), the

21 Secretary may consider any relevant evidence, including,

22 but not limited to, testimony, affidavits, records, and

23 the results of regular alcohol or drug tests. Persons

24 subject to the provisions of paragraph 4 of subsection (b)

25 of Section 6-208 of this Code and who have been convicted

26 of more than one violation of paragraph (3), paragraph

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1 (4), or paragraph (5) of subsection (a) of Section 11-501

2 of this Code shall not be eligible to apply for a

3 restricted driving permit under this subparagraph (F).

4 A restricted driving permit issued under this

5 subparagraph (F) shall provide that the holder may only

6 operate motor vehicles equipped with an ignition interlock

7 device as required under paragraph (2) of subsection (c)

8 of Section 6-205 of this Code and subparagraph (A) of

9 paragraph 3 of subsection (c) of this Section. The

10 Secretary may revoke a restricted driving permit or amend

11 the conditions of a restricted driving permit issued under

12 this subparagraph (F) if the holder operates a vehicle

13 that is not equipped with an ignition interlock device, or

14 for any other reason authorized under this Code.

15 A restricted driving permit issued under this

16 subparagraph (F) shall be revoked, and the holder barred

17 from applying for or being issued a restricted driving

18 permit in the future, if the holder is convicted of a

19 violation of Section 11-501 of this Code, a similar

20 provision of a local ordinance, or a similar offense in

21 another state.

22 (c-3) In the case of a suspension under paragraph 43 of

23 subsection (a), reports received by the Secretary of State

24 under this Section shall, except during the actual time the

25 suspension is in effect, be privileged information and for use

26 only by the courts, police officers, prosecuting authorities,

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1 the driver licensing administrator of any other state, the

2 Secretary of State, or the parent or legal guardian of a driver

3 under the age of 18. However, beginning January 1, 2008, if the

4 person is a CDL holder, the suspension shall also be made

5 available to the driver licensing administrator of any other

6 state, the U.S. Department of Transportation, and the affected

7 driver or motor carrier or prospective motor carrier upon

8 request.

9 (c-4) In the case of a suspension under paragraph 43 of

10 subsection (a), the Secretary of State shall notify the person

11 by mail that his or her driving privileges and driver's

12 license will be suspended one month after the date of the

13 mailing of the notice.

14 (c-5) The Secretary of State may, as a condition of the

15 reissuance of a driver's license or permit to an applicant

16 whose driver's license or permit has been suspended before he

17 or she reached the age of 21 years pursuant to any of the

18 provisions of this Section, require the applicant to

19 participate in a driver remedial education course and be

20 retested under Section 6-109 of this Code.

21 (d) This Section is subject to the provisions of the

22 Driver License Compact.

23 (e) The Secretary of State shall not issue a restricted

24 driving permit to a person under the age of 16 years whose

25 driving privileges have been suspended or revoked under any

26 provisions of this Code.

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1 (f) In accordance with 49 CFR 384, the Secretary of State

2 may not issue a restricted driving permit for the operation of

3 a commercial motor vehicle to a person holding a CDL whose

4 driving privileges have been suspended, revoked, cancelled, or

5 disqualified under any provisions of this Code.

6 (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;

7 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.

8 8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,

9 eff. 5-13-22; 102-982, eff. 7-1-23; revised 12-14-22.)

10 (625 ILCS 5/12-707.01) (from Ch. 95 1/2, par. 12-707.01)

11 (Text of Section before amendment by P.A. 102-982)

12 Sec. 12-707.01. Liability insurance.

13 (a) No school bus, first division vehicle including a taxi

14 which is used for a purpose that requires a school bus driver

15 permit, commuter van or motor vehicle owned by or used for hire

16 by and in connection with the operation of private or public

17 schools, day camps, summer camps or nursery schools, and no

18 commuter van or passenger car used for a for-profit

19 ridesharing arrangement, shall be operated for such purposes

20 unless the owner thereof shall carry a minimum of personal

21 injury liability insurance in the amount of $25,000 for any

22 one person in any one accident, and subject to the limit for

23 one person, $100,000 for two or more persons injured by reason

24 of the operation of the vehicle in any one accident. This

25 subsection (a) applies only to personal injury liability

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1 policies issued or renewed before January 1, 2013.

2 (b) Liability insurance policies issued or renewed on and

3 after January 1, 2013 shall comply with the following:

4 (1) except as provided in subparagraph (2) of this

5 subsection (b), any vehicle that is used for a purpose

6 that requires a school bus driver permit under Section

7 6-104 of this Code shall carry a minimum of liability

8 insurance in the amount of $2,000,000. This minimum

9 insurance requirement may be satisfied by either (i) a

10 $2,000,000 combined single limit primary commercial

11 automobile policy; or (ii) a $1 million primary commercial

12 automobile policy and a minimum $5,000,000 excess or

13 umbrella liability policy;

14 (2) any vehicle that is used for a purpose that

15 requires a school bus driver permit under Section 6-104 of

16 this Code and is used in connection with the operation of

17 private child ~~day~~ care facilities, day camps, summer

18 camps, or nursery schools shall carry a minimum of

19 liability insurance in the amount of $1,000,000 combined

20 single limit per accident;

21 (3) any commuter van or passenger car used for a

22 for-profit ridesharing arrangement shall carry a minimum

23 of liability insurance in the amount of $500,000 combined

24 single limit per accident.

25 (c) Primary insurance coverage under the provisions of

26 this Section must be provided by a licensed and admitted

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1 insurance carrier or an intergovernmental cooperative formed

2 under Section 10 of Article VII of the Illinois Constitution,

3 or Section 6 or 9 of the Intergovernmental Cooperation Act, or

4 provided by a certified self-insurer under Section 7-502 of

5 this Code. The excess or umbrella liability coverage

6 requirement may be met by securing surplus line insurance as

7 defined under Section 445 of the Illinois Insurance Code. If

8 the excess or umbrella liability coverage requirement is met

9 by securing surplus line insurance, that coverage must be

10 effected through a licensed surplus line producer acting under

11 the surplus line insurance laws and regulations of this State.

12 Nothing in this subsection (c) shall be construed as

13 prohibiting a licensed and admitted insurance carrier or an

14 intergovernmental cooperative formed under Section 10 of

15 Article VII of the Illinois Constitution, or Section 6 or 9 of

16 the Intergovernmental Cooperation Act, or a certified

17 self-insurer under Section 7-502 of this Code, from retaining

18 the risk required under paragraphs (1) and (2) of subsection

19 (b) of this Section or issuing a single primary policy meeting

20 the requirements of paragraphs (1) and (2) of subsection (b).

21 (d) Each owner of a vehicle required to obtain the minimum

22 liability requirements under subsection (b) of this Section

23 shall attest that the vehicle meets the minimum insurance

24 requirements under this Section. The Secretary of State shall

25 create a form for each owner of a vehicle to attest that the

26 owner meets the minimum insurance requirements and the owner

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1 of the vehicle shall submit the form with each registration

2 application. The form shall be valid for the full registration

3 period; however, if at any time the Secretary has reason to

4 believe that the owner does not have the minimum required

5 amount of insurance for a vehicle, then the Secretary may

6 require a certificate of insurance, or its equivalent, to

7 ensure the vehicle is insured. If the owner fails to produce a

8 certificate of insurance, or its equivalent, within 2 calendar

9 days after the request was made, then the Secretary may revoke

10 the vehicle owner's registration until the Secretary is

11 assured the vehicle meets the minimum insurance requirements.

12 If the owner of a vehicle participates in an intergovernmental

13 cooperative or is self-insured, then the owner shall attest

14 that the insurance required under this Section is equivalent

15 to or greater than the insurance required under paragraph (1)

16 of subsection (b) of this Section. The Secretary may adopt any

17 rules necessary to enforce the provisions of this subsection

18 (d).

19 (Source: P.A. 99-595, eff. 1-1-17.)

20 (Text of Section after amendment by P.A. 102-982)

21 Sec. 12-707.01. Liability insurance.

22 (a) No school bus, first division vehicle including a taxi

23 which is used for a purpose that requires a school bus driver

24 permit, commuter van or motor vehicle owned by or used for hire

25 by and in connection with the operation of private or public

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1 schools, day camps, summer camps or nursery schools, and no

2 commuter van or passenger car used for a for-profit

3 ridesharing arrangement, shall be operated for such purposes

4 unless the owner thereof shall carry a minimum of personal

5 injury liability insurance in the amount of $25,000 for any

6 one person in any one crash, and subject to the limit for one

7 person, $100,000 for two or more persons injured by reason of

8 the operation of the vehicle in any one crash. This subsection

9 (a) applies only to personal injury liability policies issued

10 or renewed before January 1, 2013.

11 (b) Liability insurance policies issued or renewed on and

12 after January 1, 2013 shall comply with the following:

13 (1) except as provided in subparagraph (2) of this

14 subsection (b), any vehicle that is used for a purpose

15 that requires a school bus driver permit under Section

16 6-104 of this Code shall carry a minimum of liability

17 insurance in the amount of $2,000,000. This minimum

18 insurance requirement may be satisfied by either (i) a

19 $2,000,000 combined single limit primary commercial

20 automobile policy; or (ii) a $1 million primary commercial

21 automobile policy and a minimum $5,000,000 excess or

22 umbrella liability policy;

23 (2) any vehicle that is used for a purpose that

24 requires a school bus driver permit under Section 6-104 of

25 this Code and is used in connection with the operation of

26 private child ~~day~~ care facilities, day camps, summer

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1 camps, or nursery schools shall carry a minimum of

2 liability insurance in the amount of $1,000,000 combined

3 single limit per crash;

4 (3) any commuter van or passenger car used for a

5 for-profit ridesharing arrangement shall carry a minimum

6 of liability insurance in the amount of $500,000 combined

7 single limit per crash.

8 (c) Primary insurance coverage under the provisions of

9 this Section must be provided by a licensed and admitted

10 insurance carrier or an intergovernmental cooperative formed

11 under Section 10 of Article VII of the Illinois Constitution,

12 or Section 6 or 9 of the Intergovernmental Cooperation Act, or

13 provided by a certified self-insurer under Section 7-502 of

14 this Code. The excess or umbrella liability coverage

15 requirement may be met by securing surplus line insurance as

16 defined under Section 445 of the Illinois Insurance Code. If

17 the excess or umbrella liability coverage requirement is met

18 by securing surplus line insurance, that coverage must be

19 effected through a licensed surplus line producer acting under

20 the surplus line insurance laws and regulations of this State.

21 Nothing in this subsection (c) shall be construed as

22 prohibiting a licensed and admitted insurance carrier or an

23 intergovernmental cooperative formed under Section 10 of

24 Article VII of the Illinois Constitution, or Section 6 or 9 of

25 the Intergovernmental Cooperation Act, or a certified

26 self-insurer under Section 7-502 of this Code, from retaining

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1 the risk required under paragraphs (1) and (2) of subsection

2 (b) of this Section or issuing a single primary policy meeting

3 the requirements of paragraphs (1) and (2) of subsection (b).

4 (d) Each owner of a vehicle required to obtain the minimum

5 liability requirements under subsection (b) of this Section

6 shall attest that the vehicle meets the minimum insurance

7 requirements under this Section. The Secretary of State shall

8 create a form for each owner of a vehicle to attest that the

9 owner meets the minimum insurance requirements and the owner

10 of the vehicle shall submit the form with each registration

11 application. The form shall be valid for the full registration

12 period; however, if at any time the Secretary has reason to

13 believe that the owner does not have the minimum required

14 amount of insurance for a vehicle, then the Secretary may

15 require a certificate of insurance, or its equivalent, to

16 ensure the vehicle is insured. If the owner fails to produce a

17 certificate of insurance, or its equivalent, within 2 calendar

18 days after the request was made, then the Secretary may revoke

19 the vehicle owner's registration until the Secretary is

20 assured the vehicle meets the minimum insurance requirements.

21 If the owner of a vehicle participates in an intergovernmental

22 cooperative or is self-insured, then the owner shall attest

23 that the insurance required under this Section is equivalent

24 to or greater than the insurance required under paragraph (1)

25 of subsection (b) of this Section. The Secretary may adopt any

26 rules necessary to enforce the provisions of this subsection

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1 (d).

2 (Source: P.A. 102-982, eff. 7-1-23.)

3 Section 280. The Criminal Code of 2012 is amended by

4 changing Sections 2-5.1, 2-5.2, 2-8.1, 11-0.1, 11-9.3, 11-24,

5 18-1, 19-1, and 48-1 as follows:

6 (720 ILCS 5/2-5.1)

7 Sec. 2-5.1. Child ~~Day~~ care center. "Child ~~Day~~ care center"

8 has the meaning ascribed to it in Section 2.09 of the Child

9 Care Act of 1969.

10 (Source: P.A. 96-556, eff. 1-1-10.)

11 (720 ILCS 5/2-5.2)

12 Sec. 2-5.2. Child ~~Day~~ care home. "Child ~~Day~~ care home" has

13 the meaning ascribed to it in Section 2.18 of the Child Care

14 Act of 1969.

15 (Source: P.A. 96-556, eff. 1-1-10.)

16 (720 ILCS 5/2-8.1)

17 Sec. 2-8.1. Group child ~~day~~ care home. "Group child ~~day~~

18 care home" has the meaning ascribed to it in Section 2.20 of

19 the Child Care Act of 1969.

20 (Source: P.A. 96-556, eff. 1-1-10.)

21 (720 ILCS 5/11-0.1)

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1 Sec. 11-0.1. Definitions. In this Article, unless the

2 context clearly requires otherwise, the following terms are

3 defined as indicated:

4 "Accused" means a person accused of an offense prohibited

5 by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of

6 this Code or a person for whose conduct the accused is legally

7 responsible under Article 5 of this Code.

8 "Adult obscenity or child pornography Internet site". See

9 Section 11-23.

10 "Advance prostitution" means:

11 (1) Soliciting for a prostitute by performing any of

12 the following acts when acting other than as a prostitute

13 or a patron of a prostitute:

14 (A) Soliciting another for the purpose of

15 prostitution.

16 (B) Arranging or offering to arrange a meeting of

17 persons for the purpose of prostitution.

18 (C) Directing another to a place knowing the

19 direction is for the purpose of prostitution.

20 (2) Keeping a place of prostitution by controlling or

21 exercising control over the use of any place that could

22 offer seclusion or shelter for the practice of

23 prostitution and performing any of the following acts when

24 acting other than as a prostitute or a patron of a

25 prostitute:

26 (A) Knowingly granting or permitting the use of

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1 the place for the purpose of prostitution.

2 (B) Granting or permitting the use of the place

3 under circumstances from which he or she could

4 reasonably know that the place is used or is to be used

5 for purposes of prostitution.

6 (C) Permitting the continued use of the place

7 after becoming aware of facts or circumstances from

8 which he or she should reasonably know that the place

9 is being used for purposes of prostitution.

10 "Agency". See Section 11-9.5.

11 "Arranges". See Section 11-6.5.

12 "Bodily harm" means physical harm, and includes, but is

13 not limited to, sexually transmitted disease, pregnancy, and

14 impotence.

15 "Care and custody". See Section 11-9.5.

16 "Child care institution". See Section 11-9.3.

17 "Child pornography". See Section 11-20.1.

18 "Child sex offender". See Section 11-9.3.

19 "Community agency". See Section 11-9.5.

20 "Conditional release". See Section 11-9.2.

21 "Consent" means a freely given agreement to the act of

22 sexual penetration or sexual conduct in question. Lack of

23 verbal or physical resistance or submission by the victim

24 resulting from the use of force or threat of force by the

25 accused shall not constitute consent. The manner of dress of

26 the victim at the time of the offense shall not constitute

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1 consent.

2 "Custody". See Section 11-9.2.

3 "Child ~~Day~~ care center". See Section 11-9.3.

4 "Depict by computer". See Section 11-20.1.

5 "Depiction by computer". See Section 11-20.1.

6 "Disseminate". See Section 11-20.1.

7 "Distribute". See Section 11-21.

8 "Family member" means a parent, grandparent, child, aunt,

9 uncle, great-aunt, or great-uncle, whether by whole blood,

10 half-blood, or adoption, and includes a step-grandparent,

11 step-parent, or step-child. "Family member" also means, if the

12 victim is a child under 18 years of age, an accused who has

13 resided in the household with the child continuously for at

14 least 6 months.

15 "Force or threat of force" means the use of force or

16 violence or the threat of force or violence, including, but

17 not limited to, the following situations:

18 (1) when the accused threatens to use force or

19 violence on the victim or on any other person, and the

20 victim under the circumstances reasonably believes that

21 the accused has the ability to execute that threat; or

22 (2) when the accused overcomes the victim by use of

23 superior strength or size, physical restraint, or physical

24 confinement.

25 "Harmful to minors". See Section 11-21.

26 "Loiter". See Section 9.3.

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1 "Material". See Section 11-21.

2 "Minor". See Section 11-21.

3 "Nudity". See Section 11-21.

4 "Obscene". See Section 11-20.

5 "Part day child care facility". See Section 11-9.3.

6 "Penal system". See Section 11-9.2.

7 "Person responsible for the child's welfare". See Section

8 11-9.1A.

9 "Person with a disability". See Section 11-9.5.

10 "Playground". See Section 11-9.3.

11 "Probation officer". See Section 11-9.2.

12 "Produce". See Section 11-20.1.

13 "Profit from prostitution" means, when acting other than

14 as a prostitute, to receive anything of value for personally

15 rendered prostitution services or to receive anything of value

16 from a prostitute, if the thing received is not for lawful

17 consideration and the person knows it was earned in whole or in

18 part from the practice of prostitution.

19 "Public park". See Section 11-9.3.

20 "Public place". See Section 11-30.

21 "Reproduce". See Section 11-20.1.

22 "Sado-masochistic abuse". See Section 11-21.

23 "School". See Section 11-9.3.

24 "School official". See Section 11-9.3.

25 "Sexual abuse". See Section 11-9.1A.

26 "Sexual act". See Section 11-9.1.

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1 "Sexual conduct" means any knowing touching or fondling by

2 the victim or the accused, either directly or through

3 clothing, of the sex organs, anus, or breast of the victim or

4 the accused, or any part of the body of a child under 13 years

5 of age, or any transfer or transmission of semen by the accused

6 upon any part of the clothed or unclothed body of the victim,

7 for the purpose of sexual gratification or arousal of the

8 victim or the accused.

9 "Sexual excitement". See Section 11-21.

10 "Sexual penetration" means any contact, however slight,

11 between the sex organ or anus of one person and an object or

12 the sex organ, mouth, or anus of another person, or any

13 intrusion, however slight, of any part of the body of one

14 person or of any animal or object into the sex organ or anus of

15 another person, including, but not limited to, cunnilingus,

16 fellatio, or anal penetration. Evidence of emission of semen

17 is not required to prove sexual penetration.

18 "Solicit". See Section 11-6.

19 "State-operated facility". See Section 11-9.5.

20 "Supervising officer". See Section 11-9.2.

21 "Surveillance agent". See Section 11-9.2.

22 "Treatment and detention facility". See Section 11-9.2.

23 "Unable to give knowing consent" includes when the accused

24 administers any intoxicating or anesthetic substance, or any

25 controlled substance causing the victim to become unconscious

26 of the nature of the act and this condition was known, or

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1 reasonably should have been known by the accused. "Unable to

2 give knowing consent" also includes when the victim has taken

3 an intoxicating substance or any controlled substance causing

4 the victim to become unconscious of the nature of the act, and

5 this condition was known or reasonably should have been known

6 by the accused, but the accused did not provide or administer

7 the intoxicating substance. As used in this paragraph,

8 "unconscious of the nature of the act" means incapable of

9 resisting because the victim meets any one of the following

10 conditions:

11 (1) was unconscious or asleep;

12 (2) was not aware, knowing, perceiving, or cognizant

13 that the act occurred;

14 (3) was not aware, knowing, perceiving, or cognizant

15 of the essential characteristics of the act due to the

16 perpetrator's fraud in fact; or

17 (4) was not aware, knowing, perceiving, or cognizant

18 of the essential characteristics of the act due to the

19 perpetrator's fraudulent representation that the sexual

20 penetration served a professional purpose when it served

21 no professional purpose.

22 A victim is presumed "unable to give knowing consent" when

23 the victim:

24 (1) is committed to the care and custody or

25 supervision of the Illinois Department of Corrections

26 (IDOC) and the accused is an employee or volunteer who is

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1 not married to the victim who knows or reasonably should

2 know that the victim is committed to the care and custody

3 or supervision of such department;

4 (2) is committed to or placed with the Department of

5 Children and Family Services (DCFS) and in residential

6 care, and the accused employee is not married to the

7 victim, and knows or reasonably should know that the

8 victim is committed to or placed with DCFS and in

9 residential care;

10 (3) is a client or patient and the accused is a health

11 care provider or mental health care provider and the

12 sexual conduct or sexual penetration occurs during a

13 treatment session, consultation, interview, or

14 examination;

15 (4) is a resident or inpatient of a residential

16 facility and the accused is an employee of the facility

17 who is not married to such resident or inpatient who

18 provides direct care services, case management services,

19 medical or other clinical services, habilitative services

20 or direct supervision of the residents in the facility in

21 which the resident resides; or an officer or other

22 employee, consultant, contractor or volunteer of the

23 residential facility, who knows or reasonably should know

24 that the person is a resident of such facility; or

25 (5) is detained or otherwise in the custody of a

26 police officer, peace officer, or other law enforcement

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1 official who: (i) is detaining or maintaining custody of

2 such person; or (ii) knows, or reasonably should know,

3 that at the time of the offense, such person was detained

4 or in custody and the police officer, peace officer, or

5 other law enforcement official is not married to such

6 detainee.

7 "Victim" means a person alleging to have been subjected to

8 an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,

9 11-1.50, or 11-1.60 of this Code.

10 (Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23.)

11 (720 ILCS 5/11-9.3)

12 Sec. 11-9.3. Presence within school zone by child sex

13 offenders prohibited; approaching, contacting, residing with,

14 or communicating with a child within certain places by child

15 sex offenders prohibited.

16 (a) It is unlawful for a child sex offender to knowingly be

17 present in any school building, on real property comprising

18 any school, or in any conveyance owned, leased, or contracted

19 by a school to transport students to or from school or a school

20 related activity when persons under the age of 18 are present

21 in the building, on the grounds or in the conveyance, unless

22 the offender is a parent or guardian of a student attending the

23 school and the parent or guardian is: (i) attending a

24 conference at the school with school personnel to discuss the

25 progress of his or her child academically or socially, (ii)

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1 participating in child review conferences in which evaluation

2 and placement decisions may be made with respect to his or her

3 child regarding special education services, or (iii) attending

4 conferences to discuss other student issues concerning his or

5 her child such as retention and promotion and notifies the

6 principal of the school of his or her presence at the school or

7 unless the offender has permission to be present from the

8 superintendent or the school board or in the case of a private

9 school from the principal. In the case of a public school, if

10 permission is granted, the superintendent or school board

11 president must inform the principal of the school where the

12 sex offender will be present. Notification includes the nature

13 of the sex offender's visit and the hours in which the sex

14 offender will be present in the school. The sex offender is

15 responsible for notifying the principal's office when he or

16 she arrives on school property and when he or she departs from

17 school property. If the sex offender is to be present in the

18 vicinity of children, the sex offender has the duty to remain

19 under the direct supervision of a school official.

20 (a-5) It is unlawful for a child sex offender to knowingly

21 be present within 100 feet of a site posted as a pick-up or

22 discharge stop for a conveyance owned, leased, or contracted

23 by a school to transport students to or from school or a school

24 related activity when one or more persons under the age of 18

25 are present at the site.

26 (a-10) It is unlawful for a child sex offender to

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1 knowingly be present in any public park building, a playground

2 or recreation area within any publicly accessible privately

3 owned building, or on real property comprising any public park

4 when persons under the age of 18 are present in the building or

5 on the grounds and to approach, contact, or communicate with a

6 child under 18 years of age, unless the offender is a parent or

7 guardian of a person under 18 years of age present in the

8 building or on the grounds.

9 (b) It is unlawful for a child sex offender to knowingly

10 loiter within 500 feet of a school building or real property

11 comprising any school while persons under the age of 18 are

12 present in the building or on the grounds, unless the offender

13 is a parent or guardian of a student attending the school and

14 the parent or guardian is: (i) attending a conference at the

15 school with school personnel to discuss the progress of his or

16 her child academically or socially, (ii) participating in

17 child review conferences in which evaluation and placement

18 decisions may be made with respect to his or her child

19 regarding special education services, or (iii) attending

20 conferences to discuss other student issues concerning his or

21 her child such as retention and promotion and notifies the

22 principal of the school of his or her presence at the school or

23 has permission to be present from the superintendent or the

24 school board or in the case of a private school from the

25 principal. In the case of a public school, if permission is

26 granted, the superintendent or school board president must

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1 inform the principal of the school where the sex offender will

2 be present. Notification includes the nature of the sex

3 offender's visit and the hours in which the sex offender will

4 be present in the school. The sex offender is responsible for

5 notifying the principal's office when he or she arrives on

6 school property and when he or she departs from school

7 property. If the sex offender is to be present in the vicinity

8 of children, the sex offender has the duty to remain under the

9 direct supervision of a school official.

10 (b-2) It is unlawful for a child sex offender to knowingly

11 loiter on a public way within 500 feet of a public park

12 building or real property comprising any public park while

13 persons under the age of 18 are present in the building or on

14 the grounds and to approach, contact, or communicate with a

15 child under 18 years of age, unless the offender is a parent or

16 guardian of a person under 18 years of age present in the

17 building or on the grounds.

18 (b-5) It is unlawful for a child sex offender to knowingly

19 reside within 500 feet of a school building or the real

20 property comprising any school that persons under the age of

21 18 attend. Nothing in this subsection (b-5) prohibits a child

22 sex offender from residing within 500 feet of a school

23 building or the real property comprising any school that

24 persons under 18 attend if the property is owned by the child

25 sex offender and was purchased before July 7, 2000 (the

26 effective date of Public Act 91-911).

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1 (b-10) It is unlawful for a child sex offender to

2 knowingly reside within 500 feet of a playground, child care

3 institution, child ~~day~~ care center, part day child care

4 facility, child ~~day~~ care home, group child ~~day~~ care home, or a

5 facility providing programs or services exclusively directed

6 toward persons under 18 years of age. Nothing in this

7 subsection (b-10) prohibits a child sex offender from residing

8 within 500 feet of a playground or a facility providing

9 programs or services exclusively directed toward persons under

10 18 years of age if the property is owned by the child sex

11 offender and was purchased before July 7, 2000. Nothing in

12 this subsection (b-10) prohibits a child sex offender from

13 residing within 500 feet of a child care institution,child

14 ~~day~~ care center, or part day child care facility if the

15 property is owned by the child sex offender and was purchased

16 before June 26, 2006. Nothing in this subsection (b-10)

17 prohibits a child sex offender from residing within 500 feet

18 of a child ~~day~~ care home or group child ~~day~~ care home if the

19 property is owned by the child sex offender and was purchased

20 before August 14, 2008 (the effective date of Public Act

21 95-821).

22 (b-15) It is unlawful for a child sex offender to

23 knowingly reside within 500 feet of the victim of the sex

24 offense. Nothing in this subsection (b-15) prohibits a child

25 sex offender from residing within 500 feet of the victim if the

26 property in which the child sex offender resides is owned by

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1 the child sex offender and was purchased before August 22,

2 2002.

3 This subsection (b-15) does not apply if the victim of the

4 sex offense is 21 years of age or older.

5 (b-20) It is unlawful for a child sex offender to

6 knowingly communicate, other than for a lawful purpose under

7 Illinois law, using the Internet or any other digital media,

8 with a person under 18 years of age or with a person whom he or

9 she believes to be a person under 18 years of age, unless the

10 offender is a parent or guardian of the person under 18 years

11 of age.

12 (c) It is unlawful for a child sex offender to knowingly

13 operate, manage, be employed by, volunteer at, be associated

14 with, or knowingly be present at any: (i) facility providing

15 programs or services exclusively directed toward persons under

16 the age of 18; (ii) child ~~day~~ care center; (iii) part day child

17 care facility; (iv) child care institution; (v) school

18 providing before and after school programs for children under

19 18 years of age; (vi) child ~~day~~ care home; or (vii) group child

20 ~~day~~care home. This does not prohibit a child sex offender from

21 owning the real property upon which the programs or services

22 are offered or upon which the child ~~day~~ care center, part day

23 child care facility, child care institution, or school

24 providing before and after school programs for children under

25 18 years of age is located, provided the child sex offender

26 refrains from being present on the premises for the hours

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1 during which: (1) the programs or services are being offered

2 or (2) the child ~~day~~ care center, part day child care facility,

3 child care institution, or school providing before and after

4 school programs for children under 18 years of age, child ~~day~~

5 care home, or group child ~~day~~ care home is operated.

6 (c-2) It is unlawful for a child sex offender to

7 participate in a holiday event involving children under 18

8 years of age, including but not limited to distributing candy

9 or other items to children on Halloween, wearing a Santa Claus

10 costume on or preceding Christmas, being employed as a

11 department store Santa Claus, or wearing an Easter Bunny

12 costume on or preceding Easter. For the purposes of this

13 subsection, child sex offender has the meaning as defined in

14 this Section, but does not include as a sex offense under

15 paragraph (2) of subsection (d) of this Section, the offense

16 under subsection (c) of Section 11-1.50 of this Code. This

17 subsection does not apply to a child sex offender who is a

18 parent or guardian of children under 18 years of age that are

19 present in the home and other non-familial minors are not

20 present.

21 (c-5) It is unlawful for a child sex offender to knowingly

22 operate, manage, be employed by, or be associated with any

23 carnival, amusement enterprise, or county or State fair when

24 persons under the age of 18 are present.

25 (c-6) It is unlawful for a child sex offender who owns and

26 resides at residential real estate to knowingly rent any

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1 residential unit within the same building in which he or she

2 resides to a person who is the parent or guardian of a child or

3 children under 18 years of age. This subsection shall apply

4 only to leases or other rental arrangements entered into after

5 January 1, 2009 (the effective date of Public Act 95-820).

6 (c-7) It is unlawful for a child sex offender to knowingly

7 offer or provide any programs or services to persons under 18

8 years of age in his or her residence or the residence of

9 another or in any facility for the purpose of offering or

10 providing such programs or services, whether such programs or

11 services are offered or provided by contract, agreement,

12 arrangement, or on a volunteer basis.

13 (c-8) It is unlawful for a child sex offender to knowingly

14 operate, whether authorized to do so or not, any of the

15 following vehicles: (1) a vehicle which is specifically

16 designed, constructed or modified and equipped to be used for

17 the retail sale of food or beverages, including but not

18 limited to an ice cream truck; (2) an authorized emergency

19 vehicle; or (3) a rescue vehicle.

20 (d) Definitions. In this Section:

21 (1) "Child sex offender" means any person who:

22 (i) has been charged under Illinois law, or any

23 substantially similar federal law or law of another

24 state, with a sex offense set forth in paragraph (2) of

25 this subsection (d) or the attempt to commit an

26 included sex offense, and the victim is a person under

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1 18 years of age at the time of the offense; and:

2 (A) is convicted of such offense or an attempt

3 to commit such offense; or

4 (B) is found not guilty by reason of insanity

5 of such offense or an attempt to commit such

6 offense; or

7 (C) is found not guilty by reason of insanity

8 pursuant to subsection (c) of Section 104-25 of

9 the Code of Criminal Procedure of 1963 of such

10 offense or an attempt to commit such offense; or

11 (D) is the subject of a finding not resulting

12 in an acquittal at a hearing conducted pursuant to

13 subsection (a) of Section 104-25 of the Code of

14 Criminal Procedure of 1963 for the alleged

15 commission or attempted commission of such

16 offense; or

17 (E) is found not guilty by reason of insanity

18 following a hearing conducted pursuant to a

19 federal law or the law of another state

20 substantially similar to subsection (c) of Section

21 104-25 of the Code of Criminal Procedure of 1963

22 of such offense or of the attempted commission of

23 such offense; or

24 (F) is the subject of a finding not resulting

25 in an acquittal at a hearing conducted pursuant to

26 a federal law or the law of another state

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1 substantially similar to subsection (a) of Section

2 104-25 of the Code of Criminal Procedure of 1963

3 for the alleged violation or attempted commission

4 of such offense; or

5 (ii) is certified as a sexually dangerous person

6 pursuant to the Illinois Sexually Dangerous Persons

7 Act, or any substantially similar federal law or the

8 law of another state, when any conduct giving rise to

9 such certification is committed or attempted against a

10 person less than 18 years of age; or

11 (iii) is subject to the provisions of Section 2 of

12 the Interstate Agreements on Sexually Dangerous

13 Persons Act.

14 Convictions that result from or are connected with the

15 same act, or result from offenses committed at the same

16 time, shall be counted for the purpose of this Section as

17 one conviction. Any conviction set aside pursuant to law

18 is not a conviction for purposes of this Section.

19 (2) Except as otherwise provided in paragraph (2.5),

20 "sex offense" means:

21 (i) A violation of any of the following Sections

22 of the Criminal Code of 1961 or the Criminal Code of

23 2012: 10-4 (forcible detention), 10-7 (aiding or

24 abetting child abduction under Section 10-5(b)(10)),

25 10-5(b)(10) (child luring), 11-1.40 (predatory

26 criminal sexual assault of a child), 11-6 (indecent

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1 solicitation of a child), 11-6.5 (indecent

2 solicitation of an adult), 11-9.1 (sexual exploitation

3 of a child), 11-9.2 (custodial sexual misconduct),

4 11-9.5 (sexual misconduct with a person with a

5 disability), 11-11 (sexual relations within families),

6 11-14.3(a)(1) (promoting prostitution by advancing

7 prostitution), 11-14.3(a)(2)(A) (promoting

8 prostitution by profiting from prostitution by

9 compelling a person to be a prostitute),

10 11-14.3(a)(2)(C) (promoting prostitution by profiting

11 from prostitution by means other than as described in

12 subparagraphs (A) and (B) of paragraph (2) of

13 subsection (a) of Section 11-14.3), 11-14.4 (promoting

14 juvenile prostitution), 11-18.1 (patronizing a

15 juvenile prostitute), 11-20.1 (child pornography),

16 11-20.1B (aggravated child pornography), 11-21

17 (harmful material), 11-25 (grooming), 11-26 (traveling

18 to meet a minor or traveling to meet a child), 12-33

19 (ritualized abuse of a child), 11-20 (obscenity) (when

20 that offense was committed in any school, on real

21 property comprising any school, in any conveyance

22 owned, leased, or contracted by a school to transport

23 students to or from school or a school related

24 activity, or in a public park), 11-30 (public

25 indecency) (when committed in a school, on real

26 property comprising a school, in any conveyance owned,

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1 leased, or contracted by a school to transport

2 students to or from school or a school related

3 activity, or in a public park). An attempt to commit

4 any of these offenses.

5 (ii) A violation of any of the following Sections

6 of the Criminal Code of 1961 or the Criminal Code of

7 2012, when the victim is a person under 18 years of

8 age: 11-1.20 (criminal sexual assault), 11-1.30

9 (aggravated criminal sexual assault), 11-1.50

10 (criminal sexual abuse), 11-1.60 (aggravated criminal

11 sexual abuse). An attempt to commit any of these

12 offenses.

13 (iii) A violation of any of the following Sections

14 of the Criminal Code of 1961 or the Criminal Code of

15 2012, when the victim is a person under 18 years of age

16 and the defendant is not a parent of the victim:

17 10-1 (kidnapping),

18 10-2 (aggravated kidnapping),

19 10-3 (unlawful restraint),

20 10-3.1 (aggravated unlawful restraint),

21 11-9.1(A) (permitting sexual abuse of a child).

22 An attempt to commit any of these offenses.

23 (iv) A violation of any former law of this State

24 substantially equivalent to any offense listed in

25 clause (2)(i) or (2)(ii) of subsection (d) of this

26 Section.

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1 (2.5) For the purposes of subsections (b-5) and (b-10)

2 only, a sex offense means:

3 (i) A violation of any of the following Sections

4 of the Criminal Code of 1961 or the Criminal Code of

5 2012:

6 10-5(b)(10) (child luring), 10-7 (aiding or

7 abetting child abduction under Section 10-5(b)(10)),

8 11-1.40 (predatory criminal sexual assault of a

9 child), 11-6 (indecent solicitation of a child),

10 11-6.5 (indecent solicitation of an adult), 11-9.2

11 (custodial sexual misconduct), 11-9.5 (sexual

12 misconduct with a person with a disability), 11-11

13 (sexual relations within families), 11-14.3(a)(1)

14 (promoting prostitution by advancing prostitution),

15 11-14.3(a)(2)(A) (promoting prostitution by profiting

16 from prostitution by compelling a person to be a

17 prostitute), 11-14.3(a)(2)(C) (promoting prostitution

18 by profiting from prostitution by means other than as

19 described in subparagraphs (A) and (B) of paragraph

20 (2) of subsection (a) of Section 11-14.3), 11-14.4

21 (promoting juvenile prostitution), 11-18.1

22 (patronizing a juvenile prostitute), 11-20.1 (child

23 pornography), 11-20.1B (aggravated child pornography),

24 11-25 (grooming), 11-26 (traveling to meet a minor or

25 traveling to meet a child), or 12-33 (ritualized abuse

26 of a child). An attempt to commit any of these

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1 offenses.

2 (ii) A violation of any of the following Sections

3 of the Criminal Code of 1961 or the Criminal Code of

4 2012, when the victim is a person under 18 years of

5 age: 11-1.20 (criminal sexual assault), 11-1.30

6 (aggravated criminal sexual assault), 11-1.60

7 (aggravated criminal sexual abuse), and subsection (a)

8 of Section 11-1.50 (criminal sexual abuse). An attempt

9 to commit any of these offenses.

10 (iii) A violation of any of the following Sections

11 of the Criminal Code of 1961 or the Criminal Code of

12 2012, when the victim is a person under 18 years of age

13 and the defendant is not a parent of the victim:

14 10-1 (kidnapping),

15 10-2 (aggravated kidnapping),

16 10-3 (unlawful restraint),

17 10-3.1 (aggravated unlawful restraint),

18 11-9.1(A) (permitting sexual abuse of a child).

19 An attempt to commit any of these offenses.

20 (iv) A violation of any former law of this State

21 substantially equivalent to any offense listed in this

22 paragraph (2.5) of this subsection.

23 (3) A conviction for an offense of federal law or the

24 law of another state that is substantially equivalent to

25 any offense listed in paragraph (2) of subsection (d) of

26 this Section shall constitute a conviction for the purpose

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1 of this Section. A finding or adjudication as a sexually

2 dangerous person under any federal law or law of another

3 state that is substantially equivalent to the Sexually

4 Dangerous Persons Act shall constitute an adjudication for

5 the purposes of this Section.

6 (4) "Authorized emergency vehicle", "rescue vehicle",

7 and "vehicle" have the meanings ascribed to them in

8 Sections 1-105, 1-171.8 and 1-217, respectively, of the

9 Illinois Vehicle Code.

10 (5) "Child care institution" has the meaning ascribed

11 to it in Section 2.06 of the Child Care Act of 1969.

12 (6) "Child ~~Day~~ care center" has the meaning ascribed

13 to it in Section 2.09 of the Child Care Act of 1969.

14 (7) "Child ~~Day~~ care home" has the meaning ascribed to

15 it in Section 2.18 of the Child Care Act of 1969.

16 (8) "Facility providing programs or services directed

17 towards persons under the age of 18" means any facility

18 providing programs or services exclusively directed

19 towards persons under the age of 18.

20 (9) "Group child ~~day~~ care home" has the meaning

21 ascribed to it in Section 2.20 of the Child Care Act of

22 1969.

23 (10) "Internet" has the meaning set forth in Section

24 16-0.1 of this Code.

25 (11) "Loiter" means:

26 (i) Standing, sitting idly, whether or not the

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1 person is in a vehicle, or remaining in or around

2 school or public park property.

3 (ii) Standing, sitting idly, whether or not the

4 person is in a vehicle, or remaining in or around

5 school or public park property, for the purpose of

6 committing or attempting to commit a sex offense.

7 (iii) Entering or remaining in a building in or

8 around school property, other than the offender's

9 residence.

10 (12) "Part day child care facility" has the meaning

11 ascribed to it in Section 2.10 of the Child Care Act of

12 1969.

13 (13) "Playground" means a piece of land owned or

14 controlled by a unit of local government that is

15 designated by the unit of local government for use solely

16 or primarily for children's recreation.

17 (14) "Public park" includes a park, forest preserve,

18 bikeway, trail, or conservation area under the

19 jurisdiction of the State or a unit of local government.

20 (15) "School" means a public or private preschool or

21 elementary or secondary school.

22 (16) "School official" means the principal, a teacher,

23 or any other certified employee of the school, the

24 superintendent of schools or a member of the school board.

25 (e) For the purposes of this Section, the 500 feet

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

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1 of the school building or the real property comprising the

2 school that is closest to the edge of the property of the child

3 sex offender's residence or where he or she is loitering, and

4 (2) the edge of the property comprising the public park

5 building or the real property comprising the public park,

6 playground, child care institution, child ~~day~~ care center,

7 part day child care facility, or facility providing programs

8 or services exclusively directed toward persons under 18 years

9 of age, or a victim of the sex offense who is under 21 years of

10 age, to the edge of the child sex offender's place of residence

11 or place where he or she is loitering.

12 (f) Sentence. A person who violates this Section is guilty

13 of a Class 4 felony.

14 (Source: P.A. 102-997, eff. 1-1-23.)

15 (720 ILCS 5/11-24)

16 Sec. 11-24. Child photography by sex offender.

17 (a) In this Section:

18 "Child" means a person under 18 years of age.

19 "Child sex offender" has the meaning ascribed to it in

20 Section 11-0.1 of this Code.

21 (b) It is unlawful for a child sex offender to knowingly:

22 (1) conduct or operate any type of business in which

23 he or she photographs, videotapes, or takes a digital

24 image of a child; or

25 (2) conduct or operate any type of business in which

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1 he or she instructs or directs another person to

2 photograph, videotape, or take a digital image of a child;

3 or

4 (3) photograph, videotape, or take a digital image of

5 a child, or instruct or direct another person to

6 photograph, videotape, or take a digital image of a child

7 without the consent of the parent or guardian.

8 (c) Sentence. A violation of this Section is a Class 2

9 felony. A person who violates this Section at a playground,

10 park facility, school, forest preserve, child ~~day~~ care

11 facility, or at a facility providing programs or services

12 directed to persons under 17 years of age is guilty of a Class

13 1 felony.

14 (Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.)

15 (720 ILCS 5/18-1) (from Ch. 38, par. 18-1)

16 Sec. 18-1. Robbery; aggravated robbery.

17 (a) Robbery. A person commits robbery when he or she

18 knowingly takes property, except a motor vehicle covered by

19 Section 18-3 or 18-4, from the person or presence of another by

20 the use of force or by threatening the imminent use of force.

21 (b) Aggravated robbery.

22 (1) A person commits aggravated robbery when he or she

23 violates subsection (a) while indicating verbally or by

24 his or her actions to the victim that he or she is

25 presently armed with a firearm or other dangerous weapon,

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1 including a knife, club, ax, or bludgeon. This offense

2 shall be applicable even though it is later determined

3 that he or she had no firearm or other dangerous weapon,

4 including a knife, club, ax, or bludgeon, in his or her

5 possession when he or she committed the robbery.

6 (2) A person commits aggravated robbery when he or she

7 knowingly takes property from the person or presence of

8 another by delivering (by injection, inhalation,

9 ingestion, transfer of possession, or any other means) to

10 the victim without his or her consent, or by threat or

11 deception, and for other than medical purposes, any

12 controlled substance.

13 (c) Sentence.

14 Robbery is a Class 2 felony, unless the victim is 60 years

15 of age or over or is a person with a physical disability, or

16 the robbery is committed in a school,child ~~day~~ care center,

17 child ~~day~~ care home, group child ~~day~~ care home, or part day

18 child care facility, or place of worship, in which case

19 robbery is a Class 1 felony. Aggravated robbery is a Class 1

20 felony.

21 (d) Regarding penalties prescribed in subsection (c) for

22 violations committed in a child ~~day~~ care center, child ~~day~~

23 care home, group child ~~day~~ care home, or part day child care

24 facility, the time of day, time of year, and whether children

25 under 18 years of age were present in the child ~~day~~ care

26 center, child ~~day~~ care home, group child ~~day~~ care home, or part

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1 day child care facility are irrelevant.

2 (Source: P.A. 99-143, eff. 7-27-15.)

3 (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)

4 Sec. 19-1. Burglary.

5 (a) A person commits burglary when without authority he or

6 she knowingly enters or without authority remains within a

7 building, housetrailer, watercraft, aircraft, motor vehicle,

8 railroad car, freight container, or any part thereof, with

9 intent to commit therein a felony or theft. This offense shall

10 not include the offenses set out in Section 4-102 of the

11 Illinois Vehicle Code.

12 (b) Sentence.

13 Burglary committed in, and without causing damage to, a

14 watercraft, aircraft, motor vehicle, railroad car, freight

15 container, or any part thereof is a Class 3 felony. Burglary

16 committed in a building, housetrailer, or any part thereof or

17 while causing damage to a watercraft, aircraft, motor vehicle,

18 railroad car, freight container, or any part thereof is a

19 Class 2 felony. A burglary committed in a school, child ~~day~~

20 care center, child ~~day~~ care home, group child ~~day~~ care home, or

21 part day child care facility, or place of worship is a Class 1

22 felony, except that this provision does not apply to a child

23 ~~day~~ care center, child ~~day~~ care home, group child ~~day~~ care

24 home, or part day child care facility operated in a private

25 residence used as a dwelling.

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1 (c) Regarding penalties prescribed in subsection (b) for

2 violations committed in a child ~~day~~ care center, child ~~day~~

3 care home, group child ~~day~~ care home, or part day child care

4 facility, the time of day, time of year, and whether children

5 under 18 years of age were present in the child ~~day~~ care

6 center, child ~~day~~ care home, group child ~~day~~ care home, or part

7 day child care facility are irrelevant.

8 (Source: P.A. 102-546, eff. 1-1-22.)

9 (720 ILCS 5/48-1) (was 720 ILCS 5/26-5)

10 Sec. 48-1. Dog fighting. (For other provisions that may

11 apply to dog fighting, see the Humane Care for Animals Act. For

12 provisions similar to this Section that apply to animals other

13 than dogs, see in particular Section 4.01 of the Humane Care

14 for Animals Act.)

15 (a) No person may own, capture, breed, train, or lease any

16 dog which he or she knows is intended for use in any show,

17 exhibition, program, or other activity featuring or otherwise

18 involving a fight between the dog and any other animal or

19 human, or the intentional killing of any dog for the purpose of

20 sport, wagering, or entertainment.

21 (b) No person may promote, conduct, carry on, advertise,

22 collect money for or in any other manner assist or aid in the

23 presentation for purposes of sport, wagering, or entertainment

24 of any show, exhibition, program, or other activity involving

25 a fight between 2 or more dogs or any dog and human, or the

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1 intentional killing of any dog.

2 (c) No person may sell or offer for sale, ship, transport,

3 or otherwise move, or deliver or receive any dog which he or

4 she knows has been captured, bred, or trained, or will be used,

5 to fight another dog or human or be intentionally killed for

6 purposes of sport, wagering, or entertainment.

7 (c-5) No person may solicit a minor to violate this

8 Section.

9 (d) No person may manufacture for sale, shipment,

10 transportation, or delivery any device or equipment which he

11 or she knows or should know is intended for use in any show,

12 exhibition, program, or other activity featuring or otherwise

13 involving a fight between 2 or more dogs, or any human and dog,

14 or the intentional killing of any dog for purposes of sport,

15 wagering, or entertainment.

16 (e) No person may own, possess, sell or offer for sale,

17 ship, transport, or otherwise move any equipment or device

18 which he or she knows or should know is intended for use in

19 connection with any show, exhibition, program, or activity

20 featuring or otherwise involving a fight between 2 or more

21 dogs, or any dog and human, or the intentional killing of any

22 dog for purposes of sport, wagering or entertainment.

23 (f) No person may knowingly make available any site,

24 structure, or facility, whether enclosed or not, that he or

25 she knows is intended to be used for the purpose of conducting

26 any show, exhibition, program, or other activity involving a

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1 fight between 2 or more dogs, or any dog and human, or the

2 intentional killing of any dog or knowingly manufacture,

3 distribute, or deliver fittings to be used in a fight between 2

4 or more dogs or a dog and human.

5 (g) No person may knowingly attend or otherwise patronize

6 any show, exhibition, program, or other activity featuring or

7 otherwise involving a fight between 2 or more dogs, or any dog

8 and human, or the intentional killing of any dog for purposes

9 of sport, wagering, or entertainment.

10 (h) No person may tie or attach or fasten any live animal

11 to any machine or device propelled by any power for the purpose

12 of causing the animal to be pursued by a dog or dogs. This

13 subsection (h) applies only when the dog is intended to be used

14 in a dog fight.

15 (i) Sentence.

16 (1) Any person convicted of violating subsection (a),

17 (b), (c), or (h) of this Section is guilty of a Class 4

18 felony for a first violation and a Class 3 felony for a

19 second or subsequent violation, and may be fined an amount

20 not to exceed $50,000.

21 (1.5) A person who knowingly owns a dog for fighting

22 purposes or for producing a fight between 2 or more dogs or

23 a dog and human or who knowingly offers for sale or sells a

24 dog bred for fighting is guilty of a Class 3 felony and may

25 be fined an amount not to exceed $50,000, if the dog

26 participates in a dogfight and any of the following

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1 factors is present:

2 (i) the dogfight is performed in the presence of a

3 person under 18 years of age;

4 (ii) the dogfight is performed for the purpose of

5 or in the presence of illegal wagering activity; or

6 (iii) the dogfight is performed in furtherance of

7 streetgang related activity as defined in Section 10

8 of the Illinois Streetgang Terrorism Omnibus

9 Prevention Act.

10 (1.7) A person convicted of violating subsection (c-5)

11 of this Section is guilty of a Class 4 felony.

12 (2) Any person convicted of violating subsection (d)

13 or (e) of this Section is guilty of a Class 4 felony for a

14 first violation. A second or subsequent violation of

15 subsection (d) or (e) of this Section is a Class 3 felony.

16 (2.5) Any person convicted of violating subsection (f)

17 of this Section is guilty of a Class 4 felony. Any person

18 convicted of violating subsection (f) of this Section in

19 which the site, structure, or facility made available to

20 violate subsection (f) is located within 1,000 feet of a

21 school, public park, playground, child care institution,

22 child ~~day~~ care center, part day child care facility, child

23 ~~day~~ care home, group child ~~day~~ care home, or a facility

24 providing programs or services exclusively directed toward

25 persons under 18 years of age is guilty of a Class 3 felony

26 for a first violation and a Class 2 felony for a second or

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1 subsequent violation.

2 (3) Any person convicted of violating subsection (g)

3 of this Section is guilty of a Class 4 felony for a first

4 violation. A second or subsequent violation of subsection

5 (g) of this Section is a Class 3 felony. If a person under

6 13 years of age is present at any show, exhibition,

7 program, or other activity prohibited in subsection (g),

8 the parent, legal guardian, or other person who is 18

9 years of age or older who brings that person under 13 years

10 of age to that show, exhibition, program, or other

11 activity is guilty of a Class 3 felony for a first

12 violation and a Class 2 felony for a second or subsequent

13 violation.

14 (i-5) A person who commits a felony violation of this

15 Section is subject to the property forfeiture provisions set

16 forth in Article 124B of the Code of Criminal Procedure of

17 1963.

18 (j) Any dog or equipment involved in a violation of this

19 Section shall be immediately seized and impounded under

20 Section 12 of the Humane Care for Animals Act when located at

21 any show, exhibition, program, or other activity featuring or

22 otherwise involving a dog fight for the purposes of sport,

23 wagering, or entertainment.

24 (k) Any vehicle or conveyance other than a common carrier

25 that is used in violation of this Section shall be seized,

26 held, and offered for sale at public auction by the sheriff's

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1 department of the proper jurisdiction, and the proceeds from

2 the sale shall be remitted to the general fund of the county

3 where the violation took place.

4 (l) Any veterinarian in this State who is presented with a

5 dog for treatment of injuries or wounds resulting from

6 fighting where there is a reasonable possibility that the dog

7 was engaged in or utilized for a fighting event for the

8 purposes of sport, wagering, or entertainment shall file a

9 report with the Department of Agriculture and cooperate by

10 furnishing the owners' names, dates, and descriptions of the

11 dog or dogs involved. Any veterinarian who in good faith

12 complies with the requirements of this subsection has immunity

13 from any liability, civil, criminal, or otherwise, that may

14 result from his or her actions. For the purposes of any

15 proceedings, civil or criminal, the good faith of the

16 veterinarian shall be rebuttably presumed.

17 (m) In addition to any other penalty provided by law, upon

18 conviction for violating this Section, the court may order

19 that the convicted person and persons dwelling in the same

20 household as the convicted person who conspired, aided, or

21 abetted in the unlawful act that was the basis of the

22 conviction, or who knew or should have known of the unlawful

23 act, may not own, harbor, or have custody or control of any dog

24 or other animal for a period of time that the court deems

25 reasonable.

26 (n) A violation of subsection (a) of this Section may be

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1 inferred from evidence that the accused possessed any device

2 or equipment described in subsection (d), (e), or (h) of this

3 Section, and also possessed any dog.

4 (o) When no longer required for investigations or court

5 proceedings relating to the events described or depicted

6 therein, evidence relating to convictions for violations of

7 this Section shall be retained and made available for use in

8 training peace officers in detecting and identifying

9 violations of this Section. Such evidence shall be made

10 available upon request to other law enforcement agencies and

11 to schools certified under the Illinois Police Training Act.

12 (p) For the purposes of this Section, "school" has the

13 meaning ascribed to it in Section 11-9.3 of this Code; and

14 "public park", "playground", "child care institution", "child

15 ~~day~~ care center", "part day child care facility", "child ~~day~~

16 care home", "group child ~~day~~ care home", and "facility

17 providing programs or services exclusively directed toward

18 persons under 18 years of age" have the meanings ascribed to

19 them in Section 11-9.4 of this Code.

20 (Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10;

21 96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11; 97-1108, eff.

22 1-1-13.)

23 Section 285. The Code of Criminal Procedure of 1963 is

24 amended by changing Sections 112A-14.5, 112A-14.7, and 112A-22

25 as follows:

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1 (725 ILCS 5/112A-14.5)

2 Sec. 112A-14.5. Civil no contact order; remedies.

3 (a) The court may order any of the remedies listed in this

4 Section. The remedies listed in this Section shall be in

5 addition to other civil or criminal remedies available to

6 petitioner:

7 (1) prohibit the respondent from knowingly coming

8 within, or knowingly remaining within, a specified

9 distance from the petitioner;

10 (2) restrain the respondent from having any contact,

11 including nonphysical contact, with the petitioner

12 directly, indirectly, or through third parties, regardless

13 of whether those third parties know of the order;

14 (3) prohibit the respondent from knowingly coming

15 within, or knowingly remaining within, a specified

16 distance from the petitioner's residence, school, child

17 ~~day~~ care or other specified location;

18 (4) order the respondent to stay away from any

19 property or animal owned, possessed, leased, kept, or held

20 by the petitioner and forbid the respondent from taking,

21 transferring, encumbering, concealing, harming, or

22 otherwise disposing of the property or animal; and

23 (5) order any other injunctive relief as necessary or

24 appropriate for the protection of the petitioner.

25 (b) When the petitioner and the respondent attend the same

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1 public or private elementary, middle, or high school, the

2 court when issuing a civil no contact order and providing

3 relief shall consider the severity of the act, any continuing

4 physical danger or emotional distress to the petitioner, the

5 educational rights guaranteed to the petitioner and respondent

6 under federal and State law, the availability of a transfer of

7 the respondent to another school, a change of placement or a

8 change of program of the respondent, the expense, difficulty,

9 and educational disruption that would be caused by a transfer

10 of the respondent to another school, and any other relevant

11 facts of the case. The court may order that the respondent not

12 attend the public, private, or non-public elementary, middle,

13 or high school attended by the petitioner, order that the

14 respondent accept a change of placement or program, as

15 determined by the school district or private or non-public

16 school, or place restrictions on the respondent's movements

17 within the school attended by the petitioner. The respondent

18 bears the burden of proving by a preponderance of the evidence

19 that a transfer, change of placement, or change of program of

20 the respondent is not available. The respondent also bears the

21 burden of production with respect to the expense, difficulty,

22 and educational disruption that would be caused by a transfer

23 of the respondent to another school. A transfer, change of

24 placement, or change of program is not unavailable to the

25 respondent solely on the ground that the respondent does not

26 agree with the school district's or private or non-public

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1 school's transfer, change of placement, or change of program

2 or solely on the ground that the respondent fails or refuses to

3 consent to or otherwise does not take an action required to

4 effectuate a transfer, change of placement, or change of

5 program. When a court orders a respondent to stay away from the

6 public, private, or non-public school attended by the

7 petitioner and the respondent requests a transfer to another

8 attendance center within the respondent's school district or

9 private or non-public school, the school district or private

10 or non-public school shall have sole discretion to determine

11 the attendance center to which the respondent is transferred.

12 If the court order results in a transfer of the minor

13 respondent to another attendance center, a change in the

14 respondent's placement, or a change of the respondent's

15 program, the parents, guardian, or legal custodian of the

16 respondent is responsible for transportation and other costs

17 associated with the transfer or change.

18 (c) The court may order the parents, guardian, or legal

19 custodian of a minor respondent to take certain actions or to

20 refrain from taking certain actions to ensure that the

21 respondent complies with the order. If the court orders a

22 transfer of the respondent to another school, the parents or

23 legal guardians of the respondent are responsible for

24 transportation and other costs associated with the change of

25 school by the respondent.

26 (d) Denial of a remedy may not be based, in whole or in

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1 part, on evidence that:

2 (1) the respondent has cause for any use of force,

3 unless that cause satisfies the standards for justifiable

4 use of force provided by Article 7 of the Criminal Code of

5 2012;

6 (2) the respondent was voluntarily intoxicated;

7 (3) the petitioner acted in self-defense or defense of

8 another, provided that, if the petitioner utilized force,

9 such force was justifiable under Article 7 of the Criminal

10 Code of 2012;

11 (4) the petitioner did not act in self-defense or

12 defense of another;

13 (5) the petitioner left the residence or household to

14 avoid further non-consensual sexual conduct or

15 non-consensual sexual penetration by the respondent; or

16 (6) the petitioner did not leave the residence or

17 household to avoid further non-consensual sexual conduct

18 or non-consensual sexual penetration by the respondent.

19 (e) Monetary damages are not recoverable as a remedy.

20 (Source: P.A. 100-199, eff. 1-1-18.)

21 (725 ILCS 5/112A-14.7)

22 Sec. 112A-14.7. Stalking no contact order; remedies.

23 (a) The court may order any of the remedies listed in this

24 Section. The remedies listed in this Section shall be in

25 addition to other civil or criminal remedies available to

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1 petitioner. A stalking no contact order shall order one or

2 more of the following:

3 (1) prohibit the respondent from threatening to commit

4 or committing stalking;

5 (2) order the respondent not to have any contact with

6 the petitioner or a third person specifically named by the

7 court;

8 (3) prohibit the respondent from knowingly coming

9 within, or knowingly remaining within a specified distance

10 of the petitioner or the petitioner's residence, school,

11 child care ~~daycare~~, or place of employment, or any

12 specified place frequented by the petitioner; however, the

13 court may order the respondent to stay away from the

14 respondent's own residence, school, or place of employment

15 only if the respondent has been provided actual notice of

16 the opportunity to appear and be heard on the petition;

17 (4) prohibit the respondent from possessing a Firearm

18 Owners Identification Card, or possessing or buying

19 firearms; and

20 (5) order other injunctive relief the court determines

21 to be necessary to protect the petitioner or third party

22 specifically named by the court.

23 (b) When the petitioner and the respondent attend the same

24 public, private, or non-public elementary, middle, or high

25 school, the court when issuing a stalking no contact order and

26 providing relief shall consider the severity of the act, any

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1 continuing physical danger or emotional distress to the

2 petitioner, the educational rights guaranteed to the

3 petitioner and respondent under federal and State law, the

4 availability of a transfer of the respondent to another

5 school, a change of placement or a change of program of the

6 respondent, the expense, difficulty, and educational

7 disruption that would be caused by a transfer of the

8 respondent to another school, and any other relevant facts of

9 the case. The court may order that the respondent not attend

10 the public, private, or non-public elementary, middle, or high

11 school attended by the petitioner, order that the respondent

12 accept a change of placement or program, as determined by the

13 school district or private or non-public school, or place

14 restrictions on the respondent's movements within the school

15 attended by the petitioner. The respondent bears the burden of

16 proving by a preponderance of the evidence that a transfer,

17 change of placement, or change of program of the respondent is

18 not available. The respondent also bears the burden of

19 production with respect to the expense, difficulty, and

20 educational disruption that would be caused by a transfer of

21 the respondent to another school. A transfer, change of

22 placement, or change of program is not unavailable to the

23 respondent solely on the ground that the respondent does not

24 agree with the school district's or private or non-public

25 school's transfer, change of placement, or change of program

26 or solely on the ground that the respondent fails or refuses to

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1 consent to or otherwise does not take an action required to

2 effectuate a transfer, change of placement, or change of

3 program. When a court orders a respondent to stay away from the

4 public, private, or non-public school attended by the

5 petitioner and the respondent requests a transfer to another

6 attendance center within the respondent's school district or

7 private or non-public school, the school district or private

8 or non-public school shall have sole discretion to determine

9 the attendance center to which the respondent is transferred.

10 If the court order results in a transfer of the minor

11 respondent to another attendance center, a change in the

12 respondent's placement, or a change of the respondent's

13 program, the parents, guardian, or legal custodian of the

14 respondent is responsible for transportation and other costs

15 associated with the transfer or change.

16 (c) The court may order the parents, guardian, or legal

17 custodian of a minor respondent to take certain actions or to

18 refrain from taking certain actions to ensure that the

19 respondent complies with the order. If the court orders a

20 transfer of the respondent to another school, the parents,

21 guardian, or legal custodian of the respondent are responsible

22 for transportation and other costs associated with the change

23 of school by the respondent.

24 (d) The court shall not hold a school district or private

25 or non-public school or any of its employees in civil or

26 criminal contempt unless the school district or private or

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1 non-public school has been allowed to intervene.

2 (e) The court may hold the parents, guardian, or legal

3 custodian of a minor respondent in civil or criminal contempt

4 for a violation of any provision of any order entered under

5 this Article for conduct of the minor respondent in violation

6 of this Article if the parents, guardian, or legal custodian

7 directed, encouraged, or assisted the respondent minor in the

8 conduct.

9 (f) Monetary damages are not recoverable as a remedy.

10 (g) If the stalking no contact order prohibits the

11 respondent from possessing a Firearm Owner's Identification

12 Card, or possessing or buying firearms; the court shall

13 confiscate the respondent's Firearm Owner's Identification

14 Card and immediately return the card to the Illinois State

15 Police Firearm Owner's Identification Card Office.

16 (Source: P.A. 102-538, eff. 8-20-21.)

17 (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)

18 Sec. 112A-22. Notice of orders.

19 (a) Entry and issuance. Upon issuance of any protective

20 order, the clerk shall immediately, or on the next court day if

21 an ex parte order is issued under subsection (e) of Section

22 112A-17.5 of this Code, (i) enter the order on the record and

23 file it in accordance with the circuit court procedures and

24 (ii) provide a file stamped copy of the order to respondent and

25 to petitioner, if present, and to the State's Attorney. If the

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1 victim is not present the State's Attorney shall (i) as soon as

2 practicable notify the petitioner the order has been entered

3 and (ii) provide a file stamped copy of the order to the

4 petitioner within 3 days.

5 (b) Filing with sheriff. The clerk of the issuing judge

6 shall, on the same day that a protective order is issued, file

7 a copy of that order with the sheriff or other law enforcement

8 officials charged with maintaining Illinois State Police

9 records or charged with serving the order upon respondent. If

10 the order was issued under subsection (e) of Section 112A-17.5

11 of this Code, the clerk on the next court day shall file a

12 certified copy of the order with the sheriff or other law

13 enforcement officials charged with maintaining Illinois State

14 Police records.

15 (c) (Blank).

16 (c-2) Service by sheriff. Unless respondent was present in

17 court when the order was issued, the sheriff, other law

18 enforcement official, or special process server shall promptly

19 serve that order upon respondent and file proof of the

20 service, in the manner provided for service of process in

21 civil proceedings. Instead of serving the order upon the

22 respondent; however, the sheriff, other law enforcement

23 official, special process server, or other persons defined in

24 Section 112A-22.1 of this Code may serve the respondent with a

25 short form notification as provided in Section 112A-22.1 of

26 this Code. If process has not yet been served upon the

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1 respondent, process shall be served with the order or short

2 form notification if the service is made by the sheriff, other

3 law enforcement official, or special process server.

4 (c-3) If the person against whom the protective order is

5 issued is arrested and the written order is issued under

6 subsection (e) of Section 112A-17.5 of this Code and received

7 by the custodial law enforcement agency before the respondent

8 or arrestee is released from custody, the custodial law

9 enforcement agency shall promptly serve the order upon the

10 respondent or arrestee before the respondent or arrestee is

11 released from custody. In no event shall detention of the

12 respondent or arrestee be extended for a hearing on the

13 petition for protective order or receipt of the order issued

14 under Section 112A-17 of this Code.

15 (c-4) Extensions, modifications, and revocations. Any

16 order extending, modifying, or revoking any protective order

17 shall be promptly recorded, issued, and served as provided in

18 this Section.

19 (c-5) (Blank).

20 (d) (Blank).

21 (e) Notice to health care facilities and health care

22 practitioners. Upon the request of the petitioner, the clerk

23 of the circuit court shall send a certified copy of the

24 protective order to any specified health care facility or

25 health care practitioner requested by the petitioner at the

26 mailing address provided by the petitioner.

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1 (f) Disclosure by health care facilities and health care

2 practitioners. After receiving a certified copy of a

3 protective order that prohibits a respondent's access to

4 records, no health care facility or health care practitioner

5 shall allow a respondent access to the records of any child who

6 is a protected person under the protective order, or release

7 information in those records to the respondent, unless the

8 order has expired or the respondent shows a certified copy of

9 the court order vacating the corresponding protective order

10 that was sent to the health care facility or practitioner.

11 Nothing in this Section shall be construed to require health

12 care facilities or health care practitioners to alter

13 procedures related to billing and payment. The health care

14 facility or health care practitioner may file the copy of the

15 protective order in the records of a child who is a protected

16 person under the protective order, or may employ any other

17 method to identify the records to which a respondent is

18 prohibited access. No health care facility or health care

19 practitioner shall be civilly or professionally liable for

20 reliance on a copy of a protective order, except for willful

21 and wanton misconduct.

22 (g) Notice to schools. Upon the request of the petitioner,

23 within 24 hours of the issuance of a protective order, the

24 clerk of the issuing judge shall send a certified copy of the

25 protective order to the child care ~~day-care~~facility,

26 pre-school or pre-kindergarten, or private school or the

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1 principal office of the public school district or any college

2 or university in which any child who is a protected person

3 under the protective order or any child of the petitioner is

4 enrolled as requested by the petitioner at the mailing address

5 provided by the petitioner. If the child transfers enrollment

6 to another child care ~~day-care~~facility, pre-school,

7 pre-kindergarten, private school, public school, college, or

8 university, the petitioner may, within 24 hours of the

9 transfer, send to the clerk written notice of the transfer,

10 including the name and address of the institution to which the

11 child is transferring. Within 24 hours of receipt of notice

12 from the petitioner that a child is transferring to another

13 child care ~~day-care~~facility, pre-school, pre-kindergarten,

14 private school, public school, college, or university, the

15 clerk shall send a certified copy of the order to the

16 institution to which the child is transferring.

17 (h) Disclosure by schools. After receiving a certified

18 copy of a protective order that prohibits a respondent's

19 access to records, neither a child care~~day-care~~ facility,

20 pre-school, pre-kindergarten, public or private school,

21 college, or university nor its employees shall allow a

22 respondent access to a protected child's records or release

23 information in those records to the respondent. The school

24 shall file the copy of the protective order in the records of a

25 child who is a protected person under the order. When a child

26 who is a protected person under the protective order transfers

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1 to another child care ~~day-care~~facility, pre-school,

2 pre-kindergarten, public or private school, college, or

3 university, the institution from which the child is

4 transferring may, at the request of the petitioner, provide,

5 within 24 hours of the transfer, written notice of the

6 protective order, along with a certified copy of the order, to

7 the institution to which the child is transferring.

8 (Source: P.A. 102-538, eff. 8-20-21.)

9 Section 290. The Sexually Violent Persons Commitment Act

10 is amended by changing Section 40 as follows:

11 (725 ILCS 207/40)

12 Sec. 40. Commitment.

13 (a) If a court or jury determines that the person who is

14 the subject of a petition under Section 15 of this Act is a

15 sexually violent person, the court shall order the person to

16 be committed to the custody of the Department for control,

17 care and treatment until such time as the person is no longer a

18 sexually violent person.

19 (b)(1) The court shall enter an initial commitment order

20 under this Section pursuant to a hearing held as soon as

21 practicable after the judgment is entered that the person who

22 is the subject of a petition under Section 15 is a sexually

23 violent person. If the court lacks sufficient information to

24 make the determination required by paragraph (b)(2) of this

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1 Section immediately after trial, it may adjourn the hearing

2 and order the Department to conduct a predisposition

3 investigation or a supplementary mental examination, or both,

4 to assist the court in framing the commitment order. If the

5 Department's examining evaluator previously rendered an

6 opinion that the person who is the subject of a petition under

7 Section 15 does not meet the criteria to be found a sexually

8 violent person, then another evaluator shall conduct the

9 predisposition investigation and/or supplementary mental

10 examination. A supplementary mental examination under this

11 Section shall be conducted in accordance with Section 3-804 of

12 the Mental Health and Developmental Disabilities Code. The

13 State has the right to have the person evaluated by experts

14 chosen by the State.

15 (2) An order for commitment under this Section shall

16 specify either institutional care in a secure facility, as

17 provided under Section 50 of this Act, or conditional release.

18 In determining whether commitment shall be for institutional

19 care in a secure facility or for conditional release, the

20 court shall consider the nature and circumstances of the

21 behavior that was the basis of the allegation in the petition

22 under paragraph (b)(1) of Section 15, the person's mental

23 history and present mental condition, and what arrangements

24 are available to ensure that the person has access to and will

25 participate in necessary treatment. All treatment, whether in

26 institutional care, in a secure facility, or while on

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1 conditional release, shall be conducted in conformance with

2 the standards developed under the Sex Offender Management

3 Board Act and conducted by a treatment provider licensed under

4 the Sex Offender Evaluation and Treatment Provider Act. The

5 Department shall arrange for control, care and treatment of

6 the person in the least restrictive manner consistent with the

7 requirements of the person and in accordance with the court's

8 commitment order.

9 (3) If the court finds that the person is appropriate for

10 conditional release, the court shall notify the Department.

11 The Department shall prepare a plan that identifies the

12 treatment and services, if any, that the person will receive

13 in the community. The plan shall address the person's need, if

14 any, for supervision, counseling, medication, community

15 support services, residential services, vocational services,

16 and alcohol or other drug abuse treatment. The Department may

17 contract with a county health department, with another public

18 agency or with a private agency to provide the treatment and

19 services identified in the plan. The plan shall specify who

20 will be responsible for providing the treatment and services

21 identified in the plan. The plan shall be presented to the

22 court for its approval within 60 days after the court finding

23 that the person is appropriate for conditional release, unless

24 the Department and the person to be released request

25 additional time to develop the plan. The conditional release

26 program operated under this Section is not subject to the

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1 provisions of the Mental Health and Developmental Disabilities

2 Confidentiality Act.

3 (4) An order for conditional release places the person in

4 the custody and control of the Department. A person on

5 conditional release is subject to the conditions set by the

6 court and to the rules of the Department. Before a person is

7 placed on conditional release by the court under this Section,

8 the court shall so notify the municipal police department and

9 county sheriff for the municipality and county in which the

10 person will be residing. The notification requirement under

11 this Section does not apply if a municipal police department

12 or county sheriff submits to the court a written statement

13 waiving the right to be notified. Notwithstanding any other

14 provision in the Act, the person being supervised on

15 conditional release shall not reside at the same street

16 address as another sex offender being supervised on

17 conditional release under this Act, mandatory supervised

18 release, parole, aftercare release, probation, or any other

19 manner of supervision. If the Department alleges that a

20 released person has violated any condition or rule, or that

21 the safety of others requires that conditional release be

22 revoked, he or she may be taken into custody under the rules of

23 the Department.

24 At any time during which the person is on conditional

25 release, if the Department determines that the person has

26 violated any condition or rule, or that the safety of others

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1 requires that conditional release be revoked, the Department

2 may request the Attorney General or State's Attorney to

3 request the court to issue an emergency ex parte order

4 directing any law enforcement officer to take the person into

5 custody and transport the person to the county jail. The

6 Department may request, or the Attorney General or State's

7 Attorney may request independently of the Department, that a

8 petition to revoke conditional release be filed. When a

9 petition is filed, the court may order the Department to issue

10 a notice to the person to be present at the Department or other

11 agency designated by the court, order a summons to the person

12 to be present, or order a body attachment for all law

13 enforcement officers to take the person into custody and

14 transport him or her to the county jail, hospital, or

15 treatment facility. The Department shall submit a statement

16 showing probable cause of the detention and a petition to

17 revoke the order for conditional release to the committing

18 court within 48 hours after the detention. The court shall

19 hear the petition within 30 days, unless the hearing or time

20 deadline is waived by the detained person. Pending the

21 revocation hearing, the Department may detain the person in a

22 jail, in a hospital or treatment facility. The State has the

23 burden of proving by clear and convincing evidence that any

24 rule or condition of release has been violated, or that the

25 safety of others requires that the conditional release be

26 revoked. If the court determines after hearing that any rule

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1 or condition of release has been violated, or that the safety

2 of others requires that conditional release be revoked, it may

3 revoke the order for conditional release and order that the

4 released person be placed in an appropriate institution until

5 the person is discharged from the commitment under Section 65

6 of this Act or until again placed on conditional release under

7 Section 60 of this Act.

8 (5) An order for conditional release places the person in

9 the custody, care, and control of the Department. The court

10 shall order the person be subject to the following rules of

11 conditional release, in addition to any other conditions

12 ordered, and the person shall be given a certificate setting

13 forth the conditions of conditional release. These conditions

14 shall be that the person:

15 (A) not violate any criminal statute of any

16 jurisdiction;

17 (B) report to or appear in person before such person

18 or agency as directed by the court and the Department;

19 (C) refrain from possession of a firearm or other

20 dangerous weapon;

21 (D) not leave the State without the consent of the

22 court or, in circumstances in which the reason for the

23 absence is of such an emergency nature, that prior consent

24 by the court is not possible without the prior

25 notification and approval of the Department;

26 (E) at the direction of the Department, notify third

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1 parties of the risks that may be occasioned by his or her

2 criminal record or sexual offending history or

3 characteristics, and permit the supervising officer or

4 agent to make the notification requirement;

5 (F) attend and fully participate in assessment,

6 treatment, and behavior monitoring including, but not

7 limited to, medical, psychological or psychiatric

8 treatment specific to sexual offending, drug addiction, or

9 alcoholism, to the extent appropriate to the person based

10 upon the recommendation and findings made in the

11 Department evaluation or based upon any subsequent

12 recommendations by the Department;

13 (G) waive confidentiality allowing the court and

14 Department access to assessment or treatment results or

15 both;

16 (H) work regularly at a Department approved occupation

17 or pursue a course of study or vocational training and

18 notify the Department within 72 hours of any change in

19 employment, study, or training;

20 (I) not be employed or participate in any volunteer

21 activity that involves contact with children, except under

22 circumstances approved in advance and in writing by the

23 Department officer;

24 (J) submit to the search of his or her person,

25 residence, vehicle, or any personal or real property under

26 his or her control at any time by the Department;

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1 (K) financially support his or her dependents and

2 provide the Department access to any requested financial

3 information;

4 (L) serve a term of home confinement, the conditions

5 of which shall be that the person:

6 (i) remain within the interior premises of the

7 place designated for his or her confinement during the

8 hours designated by the Department;

9 (ii) admit any person or agent designated by the

10 Department into the offender's place of confinement at

11 any time for purposes of verifying the person's

12 compliance with the condition of his or her

13 confinement;

14 (iii) if deemed necessary by the Department, be

15 placed on an electronic monitoring device;

16 (M) comply with the terms and conditions of an order

17 of protection issued by the court pursuant to the Illinois

18 Domestic Violence Act of 1986. A copy of the order of

19 protection shall be transmitted to the Department by the

20 clerk of the court;

21 (N) refrain from entering into a designated geographic

22 area except upon terms the Department finds appropriate.

23 The terms may include consideration of the purpose of the

24 entry, the time of day, others accompanying the person,

25 and advance approval by the Department;

26 (O) refrain from having any contact, including written

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1 or oral communications, directly or indirectly, with

2 certain specified persons including, but not limited to,

3 the victim or the victim's family, and report any

4 incidental contact with the victim or the victim's family

5 to the Department within 72 hours; refrain from entering

6 onto the premises of, traveling past, or loitering near

7 the victim's residence, place of employment, or other

8 places frequented by the victim;

9 (P) refrain from having any contact, including written

10 or oral communications, directly or indirectly, with

11 particular types of persons, including but not limited to

12 members of street gangs, drug users, drug dealers, or

13 prostitutes;

14 (Q) refrain from all contact, direct or indirect,

15 personally, by telephone, letter, or through another

16 person, with minor children without prior identification

17 and approval of the Department;

18 (R) refrain from having in his or her body the

19 presence of alcohol or any illicit drug prohibited by the

20 Cannabis Control Act, the Illinois Controlled Substances

21 Act, or the Methamphetamine Control and Community

22 Protection Act, unless prescribed by a physician, and

23 submit samples of his or her breath, saliva, blood, or

24 urine for tests to determine the presence of alcohol or

25 any illicit drug;

26 (S) not establish a dating, intimate, or sexual

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1 relationship with a person without prior written

2 notification to the Department;

3 (T) neither possess or have under his or her control

4 any material that is pornographic, sexually oriented, or

5 sexually stimulating, or that depicts or alludes to sexual

6 activity or depicts minors under the age of 18, including

7 but not limited to visual, auditory, telephonic,

8 electronic media, or any matter obtained through access to

9 any computer or material linked to computer access use;

10 (U) not patronize any business providing sexually

11 stimulating or sexually oriented entertainment nor utilize

12 "900" or adult telephone numbers or any other sex-related

13 telephone numbers;

14 (V) not reside near, visit, or be in or about parks,

15 schools, child ~~day~~care centers, swimming pools, beaches,

16 theaters, or any other places where minor children

17 congregate without advance approval of the Department and

18 report any incidental contact with minor children to the

19 Department within 72 hours;

20 (W) not establish any living arrangement or residence

21 without prior approval of the Department;

22 (X) not publish any materials or print any

23 advertisements without providing a copy of the proposed

24 publications to the Department officer and obtaining

25 permission prior to publication;

26 (Y) not leave the county except with prior permission

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1 of the Department and provide the Department officer or

2 agent with written travel routes to and from work and any

3 other designated destinations;

4 (Z) not possess or have under his or her control

5 certain specified items of contraband related to the

6 incidence of sexually offending items including video or

7 still camera items or children's toys;

8 (AA) provide a written daily log of activities as

9 directed by the Department;

10 (BB) comply with all other special conditions that the

11 Department may impose that restrict the person from

12 high-risk situations and limit access or potential

13 victims.

14 (6) A person placed on conditional release and who during

15 the term undergoes mandatory drug or alcohol testing or is

16 assigned to be placed on an approved electronic monitoring

17 device may be ordered to pay all costs incidental to the

18 mandatory drug or alcohol testing and all costs incidental to

19 the approved electronic monitoring in accordance with the

20 person's ability to pay those costs. The Department may

21 establish reasonable fees for the cost of maintenance,

22 testing, and incidental expenses related to the mandatory drug

23 or alcohol testing and all costs incidental to approved

24 electronic monitoring.

25 (Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A.

26 98-612 for the effective date of P.A. 97-1098); 98-558, eff.

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1 1-1-14.)

2 Section 295. The Unified Code of Corrections is amended by

3 changing Sections 3-2.5-95, 3-3-7, and 5-5-3.2 as follows:

4 (730 ILCS 5/3-2.5-95)

5 Sec. 3-2.5-95. Conditions of aftercare release.

6 (a) The conditions of aftercare release for all youth

7 committed to the Department under the Juvenile Court Act of

8 1987 shall be such as the Department of Juvenile Justice deems

9 necessary to assist the youth in leading a law-abiding life.

10 The conditions of every aftercare release are that the youth:

11 (1) not violate any criminal statute of any

12 jurisdiction during the aftercare release term;

13 (2) refrain from possessing a firearm or other

14 dangerous weapon;

15 (3) report to an agent of the Department;

16 (4) permit the agent or aftercare specialist to visit

17 the youth at his or her home, employment, or elsewhere to

18 the extent necessary for the agent or aftercare specialist

19 to discharge his or her duties;

20 (5) reside at a Department-approved host site;

21 (6) secure permission before visiting or writing a

22 committed person in an Illinois Department of Corrections

23 or Illinois Department of Juvenile Justice facility;

24 (7) report all arrests to an agent of the Department

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1 as soon as permitted by the arresting authority but in no

2 event later than 24 hours after release from custody and

3 immediately report service or notification of an order of

4 protection, a civil no contact order, or a stalking no

5 contact order to an agent of the Department;

6 (8) obtain permission of an agent of the Department

7 before leaving the State of Illinois;

8 (9) obtain permission of an agent of the Department

9 before changing his or her residence or employment;

10 (10) consent to a search of his or her person,

11 property, or residence under his or her control;

12 (11) refrain from the use or possession of narcotics

13 or other controlled substances in any form, or both, or

14 any paraphernalia related to those substances and submit

15 to a urinalysis test as instructed by an agent of the

16 Department;

17 (12) not frequent places where controlled substances

18 are illegally sold, used, distributed, or administered;

19 (13) not knowingly associate with other persons on

20 parole, aftercare release, or mandatory supervised release

21 without prior written permission of his or her aftercare

22 specialist and not associate with persons who are members

23 of an organized gang as that term is defined in the

24 Illinois Streetgang Terrorism Omnibus Prevention Act;

25 (14) provide true and accurate information, as it

26 relates to his or her adjustment in the community while on

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1 aftercare release or to his or her conduct while

2 incarcerated, in response to inquiries by an agent of the

3 Department;

4 (15) follow any specific instructions provided by the

5 agent that are consistent with furthering conditions set

6 and approved by the Department or by law to achieve the

7 goals and objectives of his or her aftercare release or to

8 protect the public; these instructions by the agent may be

9 modified at any time, as the agent deems appropriate;

10 (16) comply with the terms and conditions of an order

11 of protection issued under the Illinois Domestic Violence

12 Act of 1986; an order of protection issued by the court of

13 another state, tribe, or United States territory; a no

14 contact order issued under the Civil No Contact Order Act;

15 or a no contact order issued under the Stalking No Contact

16 Order Act;

17 (17) if convicted of a sex offense as defined in the

18 Sex Offender Management Board Act, and a sex offender

19 treatment provider has evaluated and recommended further

20 sex offender treatment while on aftercare release, the

21 youth shall undergo treatment by a sex offender treatment

22 provider or associate sex offender provider as defined in

23 the Sex Offender Management Board Act at his or her

24 expense based on his or her ability to pay for the

25 treatment;

26 (18) if convicted of a sex offense as defined in the

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1 Sex Offender Management Board Act, refrain from residing

2 at the same address or in the same condominium unit or

3 apartment unit or in the same condominium complex or

4 apartment complex with another person he or she knows or

5 reasonably should know is a convicted sex offender or has

6 been placed on supervision for a sex offense; the

7 provisions of this paragraph do not apply to a person

8 convicted of a sex offense who is placed in a Department of

9 Corrections licensed transitional housing facility for sex

10 offenders, or is in any facility operated or licensed by

11 the Department of Children and Family Services or by the

12 Department of Human Services, or is in any licensed

13 medical facility;

14 (19) if convicted for an offense that would qualify

15 the offender as a sexual predator under the Sex Offender

16 Registration Act wear an approved electronic monitoring

17 device as defined in Section 5-8A-2 for the duration of

18 the youth's aftercare release term and if convicted for an

19 offense of criminal sexual assault, aggravated criminal

20 sexual assault, predatory criminal sexual assault of a

21 child, criminal sexual abuse, aggravated criminal sexual

22 abuse, or ritualized abuse of a child when the victim was

23 under 18 years of age at the time of the commission of the

24 offense and the offender used force or the threat of force

25 in the commission of the offense wear an approved

26 electronic monitoring device as defined in Section 5-8A-2

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1 that has Global Positioning System (GPS) capability for

2 the duration of the youth's aftercare release term;

3 (20) if convicted for an offense that would qualify

4 the offender as a child sex offender as defined in Section

5 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the

6 Criminal Code of 2012, refrain from communicating with or

7 contacting, by means of the Internet, a person who is not

8 related to the offender and whom the offender reasonably

9 believes to be under 18 years of age; for purposes of this

10 paragraph (20), "Internet" has the meaning ascribed to it

11 in Section 16-0.1 of the Criminal Code of 2012; and a

12 person is not related to the offender if the person is not:

13 (A) the spouse, brother, or sister of the offender; (B) a

14 descendant of the offender; (C) a first or second cousin

15 of the offender; or (D) a step-child or adopted child of

16 the offender;

17 (21) if convicted under Section 11-6, 11-20.1,

18 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961

19 or the Criminal Code of 2012, consent to search of

20 computers, PDAs, cellular phones, and other devices under

21 his or her control that are capable of accessing the

22 Internet or storing electronic files, in order to confirm

23 Internet protocol addresses reported in accordance with

24 the Sex Offender Registration Act and compliance with

25 conditions in this Act;

26 (22) if convicted for an offense that would qualify

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1 the offender as a sex offender or sexual predator under

2 the Sex Offender Registration Act, not possess

3 prescription drugs for erectile dysfunction;

4 (23) if convicted for an offense under Section 11-6,

5 11-9.1, 11-14.4 that involves soliciting for a juvenile

6 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

7 of the Criminal Code of 1961 or the Criminal Code of 2012,

8 or any attempt to commit any of these offenses:

9 (A) not access or use a computer or any other

10 device with Internet capability without the prior

11 written approval of the Department;

12 (B) submit to periodic unannounced examinations of

13 the youth's computer or any other device with Internet

14 capability by the youth's aftercare specialist, a law

15 enforcement officer, or assigned computer or

16 information technology specialist, including the

17 retrieval and copying of all data from the computer or

18 device and any internal or external peripherals and

19 removal of the information, equipment, or device to

20 conduct a more thorough inspection;

21 (C) submit to the installation on the youth's

22 computer or device with Internet capability, at the

23 youth's expense, of one or more hardware or software

24 systems to monitor the Internet use; and

25 (D) submit to any other appropriate restrictions

26 concerning the youth's use of or access to a computer

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1 or any other device with Internet capability imposed

2 by the Department or the youth's aftercare specialist;

3 (24) if convicted of a sex offense as defined in the

4 Sex Offender Registration Act, refrain from accessing or

5 using a social networking website as defined in Section

6 17-0.5 of the Criminal Code of 2012;

7 (25) if convicted of a sex offense as defined in

8 Section 2 of the Sex Offender Registration Act that

9 requires the youth to register as a sex offender under

10 that Act, not knowingly use any computer scrub software on

11 any computer that the youth uses;

12 (26) if convicted of a sex offense as defined in

13 subsection (a-5) of Section 3-1-2 of this Code, unless the

14 youth is a parent or guardian of a person under 18 years of

15 age present in the home and no non-familial minors are

16 present, not participate in a holiday event involving

17 children under 18 years of age, such as distributing candy

18 or other items to children on Halloween, wearing a Santa

19 Claus costume on or preceding Christmas, being employed as

20 a department store Santa Claus, or wearing an Easter Bunny

21 costume on or preceding Easter;

22 (27) if convicted of a violation of an order of

23 protection under Section 12-3.4 or Section 12-30 of the

24 Criminal Code of 1961 or the Criminal Code of 2012, be

25 placed under electronic surveillance as provided in

26 Section 5-8A-7 of this Code; and

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1 (28) if convicted of a violation of the

2 Methamphetamine Control and Community Protection Act, the

3 Methamphetamine Precursor Control Act, or a

4 methamphetamine related offense, be:

5 (A) prohibited from purchasing, possessing, or

6 having under his or her control any product containing

7 pseudoephedrine unless prescribed by a physician; and

8 (B) prohibited from purchasing, possessing, or

9 having under his or her control any product containing

10 ammonium nitrate.

11 (b) The Department may in addition to other conditions

12 require that the youth:

13 (1) work or pursue a course of study or vocational

14 training;

15 (2) undergo medical or psychiatric treatment, or

16 treatment for drug addiction or alcoholism;

17 (3) attend or reside in a facility established for the

18 instruction or residence of persons on probation or

19 aftercare release;

20 (4) support his or her dependents;

21 (5) if convicted for an offense that would qualify the

22 youth as a child sex offender as defined in Section 11-9.3

23 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code

24 of 2012, refrain from communicating with or contacting, by

25 means of the Internet, a person who is related to the youth

26 and whom the youth reasonably believes to be under 18

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1 years of age; for purposes of this paragraph (5),

2 "Internet" has the meaning ascribed to it in Section

3 16-0.1 of the Criminal Code of 2012; and a person is

4 related to the youth if the person is: (A) the spouse,

5 brother, or sister of the youth; (B) a descendant of the

6 youth; (C) a first or second cousin of the youth; or (D) a

7 step-child or adopted child of the youth;

8 (6) if convicted for an offense that would qualify as

9 a sex offense as defined in the Sex Offender Registration

10 Act:

11 (A) not access or use a computer or any other

12 device with Internet capability without the prior

13 written approval of the Department;

14 (B) submit to periodic unannounced examinations of

15 the youth's computer or any other device with Internet

16 capability by the youth's aftercare specialist, a law

17 enforcement officer, or assigned computer or

18 information technology specialist, including the

19 retrieval and copying of all data from the computer or

20 device and any internal or external peripherals and

21 removal of the information, equipment, or device to

22 conduct a more thorough inspection;

23 (C) submit to the installation on the youth's

24 computer or device with Internet capability, at the

25 youth's offender's expense, of one or more hardware or

26 software systems to monitor the Internet use; and

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1 (D) submit to any other appropriate restrictions

2 concerning the youth's use of or access to a computer

3 or any other device with Internet capability imposed

4 by the Department or the youth's aftercare specialist;

5 and

6 (7) in addition to other conditions:

7 (A) reside with his or her parents or in a foster

8 home;

9 (B) attend school;

10 (C) attend a non-residential program for youth; or

11 (D) contribute to his or her own support at home or

12 in a foster home.

13 (c) In addition to the conditions under subsections (a)

14 and (b) of this Section, youths required to register as sex

15 offenders under the Sex Offender Registration Act, upon

16 release from the custody of the Department of Juvenile

17 Justice, may be required by the Department to comply with the

18 following specific conditions of release:

19 (1) reside only at a Department approved location;

20 (2) comply with all requirements of the Sex Offender

21 Registration Act;

22 (3) notify third parties of the risks that may be

23 occasioned by his or her criminal record;

24 (4) obtain the approval of an agent of the Department

25 prior to accepting employment or pursuing a course of

26 study or vocational training and notify the Department

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1 prior to any change in employment, study, or training;

2 (5) not be employed or participate in any volunteer

3 activity that involves contact with children, except under

4 circumstances approved in advance and in writing by an

5 agent of the Department;

6 (6) be electronically monitored for a specified period

7 of time from the date of release as determined by the

8 Department;

9 (7) refrain from entering into a designated geographic

10 area except upon terms approved in advance by an agent of

11 the Department; these terms may include consideration of

12 the purpose of the entry, the time of day, and others

13 accompanying the youth;

14 (8) refrain from having any contact, including written

15 or oral communications, directly or indirectly, personally

16 or by telephone, letter, or through a third party with

17 certain specified persons including, but not limited to,

18 the victim or the victim's family without the prior

19 written approval of an agent of the Department;

20 (9) refrain from all contact, directly or indirectly,

21 personally, by telephone, letter, or through a third

22 party, with minor children without prior identification

23 and approval of an agent of the Department;

24 (10) neither possess or have under his or her control

25 any material that is sexually oriented, sexually

26 stimulating, or that shows male or female sex organs or

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1 any pictures depicting children under 18 years of age nude

2 or any written or audio material describing sexual

3 intercourse or that depicts or alludes to sexual activity,

4 including, but not limited to, visual, auditory,

5 telephonic, or electronic media, or any matter obtained

6 through access to any computer or material linked to

7 computer access use;

8 (11) not patronize any business providing sexually

9 stimulating or sexually oriented entertainment nor utilize

10 "900" or adult telephone numbers;

11 (12) not reside near, visit, or be in or about parks,

12 schools, child ~~day~~ care centers, swimming pools, beaches,

13 theaters, or any other places where minor children

14 congregate without advance approval of an agent of the

15 Department and immediately report any incidental contact

16 with minor children to the Department;

17 (13) not possess or have under his or her control

18 certain specified items of contraband related to the

19 incidence of sexually offending as determined by an agent

20 of the Department;

21 (14) may be required to provide a written daily log of

22 activities if directed by an agent of the Department;

23 (15) comply with all other special conditions that the

24 Department may impose that restrict the youth from

25 high-risk situations and limit access to potential

26 victims;

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1 (16) take an annual polygraph exam;

2 (17) maintain a log of his or her travel; or

3 (18) obtain prior approval of an agent of the

4 Department before driving alone in a motor vehicle.

5 (d) The conditions under which the aftercare release is to

6 be served shall be communicated to the youth in writing prior

7 to his or her release, and he or she shall sign the same before

8 release. A signed copy of these conditions, including a copy

9 of an order of protection if one had been issued by the

10 criminal court, shall be retained by the youth and another

11 copy forwarded to the officer or aftercare specialist in

12 charge of his or her supervision.

13 (e) After a revocation hearing under Section 3-3-9.5, the

14 Department of Juvenile Justice may modify or enlarge the

15 conditions of aftercare release.

16 (f) The Department shall inform all youth of the optional

17 services available to them upon release and shall assist youth

18 in availing themselves of the optional services upon their

19 release on a voluntary basis.

20 (Source: P.A. 99-628, eff. 1-1-17.)

21 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)

22 Sec. 3-3-7. Conditions of parole or mandatory supervised

23 release.

24 (a) The conditions of parole or mandatory supervised

25 release shall be such as the Prisoner Review Board deems

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1 necessary to assist the subject in leading a law-abiding life.

2 The conditions of every parole and mandatory supervised

3 release are that the subject:

4 (1) not violate any criminal statute of any

5 jurisdiction during the parole or release term;

6 (2) refrain from possessing a firearm or other

7 dangerous weapon;

8 (3) report to an agent of the Department of

9 Corrections;

10 (4) permit the agent to visit him or her at his or her

11 home, employment, or elsewhere to the extent necessary for

12 the agent to discharge his or her duties;

13 (5) attend or reside in a facility established for the

14 instruction or residence of persons on parole or mandatory

15 supervised release;

16 (6) secure permission before visiting or writing a

17 committed person in an Illinois Department of Corrections

18 facility;

19 (7) report all arrests to an agent of the Department

20 of Corrections as soon as permitted by the arresting

21 authority but in no event later than 24 hours after

22 release from custody and immediately report service or

23 notification of an order of protection, a civil no contact

24 order, or a stalking no contact order to an agent of the

25 Department of Corrections;

26 (7.5) if convicted of a sex offense as defined in the

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1 Sex Offender Management Board Act, the individual shall

2 undergo and successfully complete sex offender treatment

3 conducted in conformance with the standards developed by

4 the Sex Offender Management Board Act by a treatment

5 provider approved by the Board;

6 (7.6) if convicted of a sex offense as defined in the

7 Sex Offender Management Board Act, refrain from residing

8 at the same address or in the same condominium unit or

9 apartment unit or in the same condominium complex or

10 apartment complex with another person he or she knows or

11 reasonably should know is a convicted sex offender or has

12 been placed on supervision for a sex offense; the

13 provisions of this paragraph do not apply to a person

14 convicted of a sex offense who is placed in a Department of

15 Corrections licensed transitional housing facility for sex

16 offenders, or is in any facility operated or licensed by

17 the Department of Children and Family Services or by the

18 Department of Human Services, or is in any licensed

19 medical facility;

20 (7.7) if convicted for an offense that would qualify

21 the accused as a sexual predator under the Sex Offender

22 Registration Act on or after January 1, 2007 (the

23 effective date of Public Act 94-988), wear an approved

24 electronic monitoring device as defined in Section 5-8A-2

25 for the duration of the person's parole, mandatory

26 supervised release term, or extended mandatory supervised

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1 release term and if convicted for an offense of criminal

2 sexual assault, aggravated criminal sexual assault,

3 predatory criminal sexual assault of a child, criminal

4 sexual abuse, aggravated criminal sexual abuse, or

5 ritualized abuse of a child committed on or after August

6 11, 2009 (the effective date of Public Act 96-236) when

7 the victim was under 18 years of age at the time of the

8 commission of the offense and the defendant used force or

9 the threat of force in the commission of the offense wear

10 an approved electronic monitoring device as defined in

11 Section 5-8A-2 that has Global Positioning System (GPS)

12 capability for the duration of the person's parole,

13 mandatory supervised release term, or extended mandatory

14 supervised release term;

15 (7.8) if convicted for an offense committed on or

16 after June 1, 2008 (the effective date of Public Act

17 95-464) that would qualify the accused as a child sex

18 offender as defined in Section 11-9.3 or 11-9.4 of the

19 Criminal Code of 1961 or the Criminal Code of 2012,

20 refrain from communicating with or contacting, by means of

21 the Internet, a person who is not related to the accused

22 and whom the accused reasonably believes to be under 18

23 years of age; for purposes of this paragraph (7.8),

24 "Internet" has the meaning ascribed to it in Section

25 16-0.1 of the Criminal Code of 2012; and a person is not

26 related to the accused if the person is not: (i) the

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1 spouse, brother, or sister of the accused; (ii) a

2 descendant of the accused; (iii) a first or second cousin

3 of the accused; or (iv) a step-child or adopted child of

4 the accused;

5 (7.9) if convicted under Section 11-6, 11-20.1,

6 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961

7 or the Criminal Code of 2012, consent to search of

8 computers, PDAs, cellular phones, and other devices under

9 his or her control that are capable of accessing the

10 Internet or storing electronic files, in order to confirm

11 Internet protocol addresses reported in accordance with

12 the Sex Offender Registration Act and compliance with

13 conditions in this Act;

14 (7.10) if convicted for an offense that would qualify

15 the accused as a sex offender or sexual predator under the

16 Sex Offender Registration Act on or after June 1, 2008

17 (the effective date of Public Act 95-640), not possess

18 prescription drugs for erectile dysfunction;

19 (7.11) if convicted for an offense under Section 11-6,

20 11-9.1, 11-14.4 that involves soliciting for a juvenile

21 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

22 of the Criminal Code of 1961 or the Criminal Code of 2012,

23 or any attempt to commit any of these offenses, committed

24 on or after June 1, 2009 (the effective date of Public Act

25 95-983):

26 (i) not access or use a computer or any other

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1 device with Internet capability without the prior

2 written approval of the Department;

3 (ii) submit to periodic unannounced examinations

4 of the offender's computer or any other device with

5 Internet capability by the offender's supervising

6 agent, a law enforcement officer, or assigned computer

7 or information technology specialist, including the

8 retrieval and copying of all data from the computer or

9 device and any internal or external peripherals and

10 removal of such information, equipment, or device to

11 conduct a more thorough inspection;

12 (iii) submit to the installation on the offender's

13 computer or device with Internet capability, at the

14 offender's expense, of one or more hardware or

15 software systems to monitor the Internet use; and

16 (iv) submit to any other appropriate restrictions

17 concerning the offender's use of or access to a

18 computer or any other device with Internet capability

19 imposed by the Board, the Department or the offender's

20 supervising agent;

21 (7.12) if convicted of a sex offense as defined in the

22 Sex Offender Registration Act committed on or after

23 January 1, 2010 (the effective date of Public Act 96-262),

24 refrain from accessing or using a social networking

25 website as defined in Section 17-0.5 of the Criminal Code

26 of 2012;

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1 (7.13) if convicted of a sex offense as defined in

2 Section 2 of the Sex Offender Registration Act committed

3 on or after January 1, 2010 (the effective date of Public

4 Act 96-362) that requires the person to register as a sex

5 offender under that Act, may not knowingly use any

6 computer scrub software on any computer that the sex

7 offender uses;

8 (8) obtain permission of an agent of the Department of

9 Corrections before leaving the State of Illinois;

10 (9) obtain permission of an agent of the Department of

11 Corrections before changing his or her residence or

12 employment;

13 (10) consent to a search of his or her person,

14 property, or residence under his or her control;

15 (11) refrain from the use or possession of narcotics

16 or other controlled substances in any form, or both, or

17 any paraphernalia related to those substances and submit

18 to a urinalysis test as instructed by a parole agent of the

19 Department of Corrections;

20 (12) not knowingly frequent places where controlled

21 substances are illegally sold, used, distributed, or

22 administered;

23 (13) except when the association described in either

24 subparagraph (A) or (B) of this paragraph (13) involves

25 activities related to community programs, worship

26 services, volunteering, engaging families, or some other

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1 pro-social activity in which there is no evidence of

2 criminal intent:

3 (A) not knowingly associate with other persons on

4 parole or mandatory supervised release without prior

5 written permission of his or her parole agent; or

6 (B) not knowingly associate with persons who are

7 members of an organized gang as that term is defined in

8 the Illinois Streetgang Terrorism Omnibus Prevention

9 Act;

10 (14) provide true and accurate information, as it

11 relates to his or her adjustment in the community while on

12 parole or mandatory supervised release or to his or her

13 conduct while incarcerated, in response to inquiries by

14 his or her parole agent or of the Department of

15 Corrections;

16 (15) follow any specific instructions provided by the

17 parole agent that are consistent with furthering

18 conditions set and approved by the Prisoner Review Board

19 or by law, exclusive of placement on electronic detention,

20 to achieve the goals and objectives of his or her parole or

21 mandatory supervised release or to protect the public.

22 These instructions by the parole agent may be modified at

23 any time, as the agent deems appropriate;

24 (16) if convicted of a sex offense as defined in

25 subsection (a-5) of Section 3-1-2 of this Code, unless the

26 offender is a parent or guardian of the person under 18

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1 years of age present in the home and no non-familial

2 minors are present, not participate in a holiday event

3 involving children under 18 years of age, such as

4 distributing candy or other items to children on

5 Halloween, wearing a Santa Claus costume on or preceding

6 Christmas, being employed as a department store Santa

7 Claus, or wearing an Easter Bunny costume on or preceding

8 Easter;

9 (17) if convicted of a violation of an order of

10 protection under Section 12-3.4 or Section 12-30 of the

11 Criminal Code of 1961 or the Criminal Code of 2012, be

12 placed under electronic surveillance as provided in

13 Section 5-8A-7 of this Code;

14 (18) comply with the terms and conditions of an order

15 of protection issued pursuant to the Illinois Domestic

16 Violence Act of 1986; an order of protection issued by the

17 court of another state, tribe, or United States territory;

18 a no contact order issued pursuant to the Civil No Contact

19 Order Act; or a no contact order issued pursuant to the

20 Stalking No Contact Order Act;

21 (19) if convicted of a violation of the

22 Methamphetamine Control and Community Protection Act, the

23 Methamphetamine Precursor Control Act, or a

24 methamphetamine related offense, be:

25 (A) prohibited from purchasing, possessing, or

26 having under his or her control any product containing

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1 pseudoephedrine unless prescribed by a physician; and

2 (B) prohibited from purchasing, possessing, or

3 having under his or her control any product containing

4 ammonium nitrate;

5 (20) if convicted of a hate crime under Section 12-7.1

6 of the Criminal Code of 2012, perform public or community

7 service of no less than 200 hours and enroll in an

8 educational program discouraging hate crimes involving the

9 protected class identified in subsection (a) of Section

10 12-7.1 of the Criminal Code of 2012 that gave rise to the

11 offense the offender committed ordered by the court; and

12 (21) be evaluated by the Department of Corrections

13 prior to release using a validated risk assessment and be

14 subject to a corresponding level of supervision. In

15 accordance with the findings of that evaluation:

16 (A) All subjects found to be at a moderate or high

17 risk to recidivate, or on parole or mandatory

18 supervised release for first degree murder, a forcible

19 felony as defined in Section 2-8 of the Criminal Code

20 of 2012, any felony that requires registration as a

21 sex offender under the Sex Offender Registration Act,

22 or a Class X felony or Class 1 felony that is not a

23 violation of the Cannabis Control Act, the Illinois

24 Controlled Substances Act, or the Methamphetamine

25 Control and Community Protection Act, shall be subject

26 to high level supervision. The Department shall define

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1 high level supervision based upon evidence-based and

2 research-based practices. Notwithstanding this

3 placement on high level supervision, placement of the

4 subject on electronic monitoring or detention shall

5 not occur unless it is required by law or expressly

6 ordered or approved by the Prisoner Review Board.

7 (B) All subjects found to be at a low risk to

8 recidivate shall be subject to low-level supervision,

9 except for those subjects on parole or mandatory

10 supervised release for first degree murder, a forcible

11 felony as defined in Section 2-8 of the Criminal Code

12 of 2012, any felony that requires registration as a

13 sex offender under the Sex Offender Registration Act,

14 or a Class X felony or Class 1 felony that is not a

15 violation of the Cannabis Control Act, the Illinois

16 Controlled Substances Act, or the Methamphetamine

17 Control and Community Protection Act. Low level

18 supervision shall require the subject to check in with

19 the supervising officer via phone or other electronic

20 means. Notwithstanding this placement on low level

21 supervision, placement of the subject on electronic

22 monitoring or detention shall not occur unless it is

23 required by law or expressly ordered or approved by

24 the Prisoner Review Board.

25 (b) The Board may in addition to other conditions require

26 that the subject:

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1 (1) work or pursue a course of study or vocational

2 training;

3 (2) undergo medical or psychiatric treatment, or

4 treatment for drug addiction or alcoholism;

5 (3) attend or reside in a facility established for the

6 instruction or residence of persons on probation or

7 parole;

8 (4) support his or her dependents;

9 (5) (blank);

10 (6) (blank);

11 (7) (blank);

12 (7.5) if convicted for an offense committed on or

13 after the effective date of this amendatory Act of the

14 95th General Assembly that would qualify the accused as a

15 child sex offender as defined in Section 11-9.3 or 11-9.4

16 of the Criminal Code of 1961 or the Criminal Code of 2012,

17 refrain from communicating with or contacting, by means of

18 the Internet, a person who is related to the accused and

19 whom the accused reasonably believes to be under 18 years

20 of age; for purposes of this paragraph (7.5), "Internet"

21 has the meaning ascribed to it in Section 16-0.1 of the

22 Criminal Code of 2012; and a person is related to the

23 accused if the person is: (i) the spouse, brother, or

24 sister of the accused; (ii) a descendant of the accused;

25 (iii) a first or second cousin of the accused; or (iv) a

26 step-child or adopted child of the accused;

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1 (7.6) if convicted for an offense committed on or

2 after June 1, 2009 (the effective date of Public Act

3 95-983) that would qualify as a sex offense as defined in

4 the Sex Offender Registration Act:

5 (i) not access or use a computer or any other

6 device with Internet capability without the prior

7 written approval of the Department;

8 (ii) submit to periodic unannounced examinations

9 of the offender's computer or any other device with

10 Internet capability by the offender's supervising

11 agent, a law enforcement officer, or assigned computer

12 or information technology specialist, including the

13 retrieval and copying of all data from the computer or

14 device and any internal or external peripherals and

15 removal of such information, equipment, or device to

16 conduct a more thorough inspection;

17 (iii) submit to the installation on the offender's

18 computer or device with Internet capability, at the

19 offender's expense, of one or more hardware or

20 software systems to monitor the Internet use; and

21 (iv) submit to any other appropriate restrictions

22 concerning the offender's use of or access to a

23 computer or any other device with Internet capability

24 imposed by the Board, the Department or the offender's

25 supervising agent; and

26 (8) in addition, if a minor:

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1 (i) reside with his or her parents or in a foster

2 home;

3 (ii) attend school;

4 (iii) attend a non-residential program for youth;

5 or

6 (iv) contribute to his or her own support at home

7 or in a foster home.

8 (b-1) In addition to the conditions set forth in

9 subsections (a) and (b), persons required to register as sex

10 offenders pursuant to the Sex Offender Registration Act, upon

11 release from the custody of the Illinois Department of

12 Corrections, may be required by the Board to comply with the

13 following specific conditions of release:

14 (1) reside only at a Department approved location;

15 (2) comply with all requirements of the Sex Offender

16 Registration Act;

17 (3) notify third parties of the risks that may be

18 occasioned by his or her criminal record;

19 (4) obtain the approval of an agent of the Department

20 of Corrections prior to accepting employment or pursuing a

21 course of study or vocational training and notify the

22 Department prior to any change in employment, study, or

23 training;

24 (5) not be employed or participate in any volunteer

25 activity that involves contact with children, except under

26 circumstances approved in advance and in writing by an

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1 agent of the Department of Corrections;

2 (6) be electronically monitored for a minimum of 12

3 months from the date of release as determined by the

4 Board;

5 (7) refrain from entering into a designated geographic

6 area except upon terms approved in advance by an agent of

7 the Department of Corrections. The terms may include

8 consideration of the purpose of the entry, the time of

9 day, and others accompanying the person;

10 (8) refrain from having any contact, including written

11 or oral communications, directly or indirectly, personally

12 or by telephone, letter, or through a third party with

13 certain specified persons including, but not limited to,

14 the victim or the victim's family without the prior

15 written approval of an agent of the Department of

16 Corrections;

17 (9) refrain from all contact, directly or indirectly,

18 personally, by telephone, letter, or through a third

19 party, with minor children without prior identification

20 and approval of an agent of the Department of Corrections;

21 (10) neither possess or have under his or her control

22 any material that is sexually oriented, sexually

23 stimulating, or that shows male or female sex organs or

24 any pictures depicting children under 18 years of age nude

25 or any written or audio material describing sexual

26 intercourse or that depicts or alludes to sexual activity,

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1 including but not limited to visual, auditory, telephonic,

2 or electronic media, or any matter obtained through access

3 to any computer or material linked to computer access use;

4 (11) not patronize any business providing sexually

5 stimulating or sexually oriented entertainment nor utilize

6 "900" or adult telephone numbers;

7 (12) not reside near, visit, or be in or about parks,

8 schools, child ~~day~~ care centers, swimming pools, beaches,

9 theaters, or any other places where minor children

10 congregate without advance approval of an agent of the

11 Department of Corrections and immediately report any

12 incidental contact with minor children to the Department;

13 (13) not possess or have under his or her control

14 certain specified items of contraband related to the

15 incidence of sexually offending as determined by an agent

16 of the Department of Corrections;

17 (14) may be required to provide a written daily log of

18 activities if directed by an agent of the Department of

19 Corrections;

20 (15) comply with all other special conditions that the

21 Department may impose that restrict the person from

22 high-risk situations and limit access to potential

23 victims;

24 (16) take an annual polygraph exam;

25 (17) maintain a log of his or her travel; or

26 (18) obtain prior approval of his or her parole

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1 officer before driving alone in a motor vehicle.

2 (c) The conditions under which the parole or mandatory

3 supervised release is to be served shall be communicated to

4 the person in writing prior to his or her release, and he or

5 she shall sign the same before release. A signed copy of these

6 conditions, including a copy of an order of protection where

7 one had been issued by the criminal court, shall be retained by

8 the person and another copy forwarded to the officer in charge

9 of his or her supervision.

10 (d) After a hearing under Section 3-3-9, the Prisoner

11 Review Board may modify or enlarge the conditions of parole or

12 mandatory supervised release.

13 (e) The Department shall inform all offenders committed to

14 the Department of the optional services available to them upon

15 release and shall assist inmates in availing themselves of

16 such optional services upon their release on a voluntary

17 basis.

18 (f) (Blank).

19 (Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;

20 100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)

21 (730 ILCS 5/5-5-3.2)

22 (Text of Section before amendment by P.A. 102-982)

23 Sec. 5-5-3.2. Factors in aggravation and extended-term

24 sentencing.

25 (a) The following factors shall be accorded weight in

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1 favor of imposing a term of imprisonment or may be considered

2 by the court as reasons to impose a more severe sentence under

3 Section 5-8-1 or Article 4.5 of Chapter V:

4 (1) the defendant's conduct caused or threatened

5 serious harm;

6 (2) the defendant received compensation for committing

7 the offense;

8 (3) the defendant has a history of prior delinquency

9 or criminal activity;

10 (4) the defendant, by the duties of his office or by

11 his position, was obliged to prevent the particular

12 offense committed or to bring the offenders committing it

13 to justice;

14 (5) the defendant held public office at the time of

15 the offense, and the offense related to the conduct of

16 that office;

17 (6) the defendant utilized his professional reputation

18 or position in the community to commit the offense, or to

19 afford him an easier means of committing it;

20 (7) the sentence is necessary to deter others from

21 committing the same crime;

22 (8) the defendant committed the offense against a

23 person 60 years of age or older or such person's property;

24 (9) the defendant committed the offense against a

25 person who has a physical disability or such person's

26 property;

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1 (10) by reason of another individual's actual or

2 perceived race, color, creed, religion, ancestry, gender,

3 sexual orientation, physical or mental disability, or

4 national origin, the defendant committed the offense

5 against (i) the person or property of that individual;

6 (ii) the person or property of a person who has an

7 association with, is married to, or has a friendship with

8 the other individual; or (iii) the person or property of a

9 relative (by blood or marriage) of a person described in

10 clause (i) or (ii). For the purposes of this Section,

11 "sexual orientation" has the meaning ascribed to it in

12 paragraph (O-1) of Section 1-103 of the Illinois Human

13 Rights Act;

14 (11) the offense took place in a place of worship or on

15 the grounds of a place of worship, immediately prior to,

16 during or immediately following worship services. For

17 purposes of this subparagraph, "place of worship" shall

18 mean any church, synagogue or other building, structure or

19 place used primarily for religious worship;

20 (12) the defendant was convicted of a felony committed

21 while he was on pretrial release or his own recognizance

22 pending trial for a prior felony and was convicted of such

23 prior felony, or the defendant was convicted of a felony

24 committed while he was serving a period of probation,

25 conditional discharge, or mandatory supervised release

26 under subsection (d) of Section 5-8-1 for a prior felony;

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1 (13) the defendant committed or attempted to commit a

2 felony while he was wearing a bulletproof vest. For the

3 purposes of this paragraph (13), a bulletproof vest is any

4 device which is designed for the purpose of protecting the

5 wearer from bullets, shot or other lethal projectiles;

6 (14) the defendant held a position of trust or

7 supervision such as, but not limited to, family member as

8 defined in Section 11-0.1 of the Criminal Code of 2012,

9 teacher, scout leader, baby sitter, or day care worker, in

10 relation to a victim under 18 years of age, and the

11 defendant committed an offense in violation of Section

12 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

13 11-14.4 except for an offense that involves keeping a

14 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

15 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

16 or 12-16 of the Criminal Code of 1961 or the Criminal Code

17 of 2012 against that victim;

18 (15) the defendant committed an offense related to the

19 activities of an organized gang. For the purposes of this

20 factor, "organized gang" has the meaning ascribed to it in

21 Section 10 of the Streetgang Terrorism Omnibus Prevention

22 Act;

23 (16) the defendant committed an offense in violation

24 of one of the following Sections while in a school,

25 regardless of the time of day or time of year; on any

26 conveyance owned, leased, or contracted by a school to

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1 transport students to or from school or a school related

2 activity; on the real property of a school; or on a public

3 way within 1,000 feet of the real property comprising any

4 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,

5 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,

6 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,

7 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,

8 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except

9 for subdivision (a)(4) or (g)(1), of the Criminal Code of

10 1961 or the Criminal Code of 2012;

11 (16.5) the defendant committed an offense in violation

12 of one of the following Sections while in a day care

13 center, regardless of the time of day or time of year; on

14 the real property of a day care center, regardless of the

15 time of day or time of year; or on a public way within

16 1,000 feet of the real property comprising any day care

17 center, regardless of the time of day or time of year:

18 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

19 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

20 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

21 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

22 18-2, or 33A-2, or Section 12-3.05 except for subdivision

23 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

24 Criminal Code of 2012;

25 (17) the defendant committed the offense by reason of

26 any person's activity as a community policing volunteer or

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1 to prevent any person from engaging in activity as a

2 community policing volunteer. For the purpose of this

3 Section, "community policing volunteer" has the meaning

4 ascribed to it in Section 2-3.5 of the Criminal Code of

5 2012;

6 (18) the defendant committed the offense in a nursing

7 home or on the real property comprising a nursing home.

8 For the purposes of this paragraph (18), "nursing home"

9 means a skilled nursing or intermediate long term care

10 facility that is subject to license by the Illinois

11 Department of Public Health under the Nursing Home Care

12 Act, the Specialized Mental Health Rehabilitation Act of

13 2013, the ID/DD Community Care Act, or the MC/DD Act;

14 (19) the defendant was a federally licensed firearm

15 dealer and was previously convicted of a violation of

16 subsection (a) of Section 3 of the Firearm Owners

17 Identification Card Act and has now committed either a

18 felony violation of the Firearm Owners Identification Card

19 Act or an act of armed violence while armed with a firearm;

20 (20) the defendant (i) committed the offense of

21 reckless homicide under Section 9-3 of the Criminal Code

22 of 1961 or the Criminal Code of 2012 or the offense of

23 driving under the influence of alcohol, other drug or

24 drugs, intoxicating compound or compounds or any

25 combination thereof under Section 11-501 of the Illinois

26 Vehicle Code or a similar provision of a local ordinance

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1 and (ii) was operating a motor vehicle in excess of 20

2 miles per hour over the posted speed limit as provided in

3 Article VI of Chapter 11 of the Illinois Vehicle Code;

4 (21) the defendant (i) committed the offense of

5 reckless driving or aggravated reckless driving under

6 Section 11-503 of the Illinois Vehicle Code and (ii) was

7 operating a motor vehicle in excess of 20 miles per hour

8 over the posted speed limit as provided in Article VI of

9 Chapter 11 of the Illinois Vehicle Code;

10 (22) the defendant committed the offense against a

11 person that the defendant knew, or reasonably should have

12 known, was a member of the Armed Forces of the United

13 States serving on active duty. For purposes of this clause

14 (22), the term "Armed Forces" means any of the Armed

15 Forces of the United States, including a member of any

16 reserve component thereof or National Guard unit called to

17 active duty;

18 (23) the defendant committed the offense against a

19 person who was elderly or infirm or who was a person with a

20 disability by taking advantage of a family or fiduciary

21 relationship with the elderly or infirm person or person

22 with a disability;

23 (24) the defendant committed any offense under Section

24 11-20.1 of the Criminal Code of 1961 or the Criminal Code

25 of 2012 and possessed 100 or more images;

26 (25) the defendant committed the offense while the

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1 defendant or the victim was in a train, bus, or other

2 vehicle used for public transportation;

3 (26) the defendant committed the offense of child

4 pornography or aggravated child pornography, specifically

5 including paragraph (1), (2), (3), (4), (5), or (7) of

6 subsection (a) of Section 11-20.1 of the Criminal Code of

7 1961 or the Criminal Code of 2012 where a child engaged in,

8 solicited for, depicted in, or posed in any act of sexual

9 penetration or bound, fettered, or subject to sadistic,

10 masochistic, or sadomasochistic abuse in a sexual context

11 and specifically including paragraph (1), (2), (3), (4),

12 (5), or (7) of subsection (a) of Section 11-20.1B or

13 Section 11-20.3 of the Criminal Code of 1961 where a child

14 engaged in, solicited for, depicted in, or posed in any

15 act of sexual penetration or bound, fettered, or subject

16 to sadistic, masochistic, or sadomasochistic abuse in a

17 sexual context;

18 (27) the defendant committed the offense of first

19 degree murder, assault, aggravated assault, battery,

20 aggravated battery, robbery, armed robbery, or aggravated

21 robbery against a person who was a veteran and the

22 defendant knew, or reasonably should have known, that the

23 person was a veteran performing duties as a representative

24 of a veterans' organization. For the purposes of this

25 paragraph (27), "veteran" means an Illinois resident who

26 has served as a member of the United States Armed Forces, a

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1 member of the Illinois National Guard, or a member of the

2 United States Reserve Forces; and "veterans' organization"

3 means an organization comprised of members of which

4 substantially all are individuals who are veterans or

5 spouses, widows, or widowers of veterans, the primary

6 purpose of which is to promote the welfare of its members

7 and to provide assistance to the general public in such a

8 way as to confer a public benefit;

9 (28) the defendant committed the offense of assault,

10 aggravated assault, battery, aggravated battery, robbery,

11 armed robbery, or aggravated robbery against a person that

12 the defendant knew or reasonably should have known was a

13 letter carrier or postal worker while that person was

14 performing his or her duties delivering mail for the

15 United States Postal Service;

16 (29) the defendant committed the offense of criminal

17 sexual assault, aggravated criminal sexual assault,

18 criminal sexual abuse, or aggravated criminal sexual abuse

19 against a victim with an intellectual disability, and the

20 defendant holds a position of trust, authority, or

21 supervision in relation to the victim;

22 (30) the defendant committed the offense of promoting

23 juvenile prostitution, patronizing a prostitute, or

24 patronizing a minor engaged in prostitution and at the

25 time of the commission of the offense knew that the

26 prostitute or minor engaged in prostitution was in the

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1 custody or guardianship of the Department of Children and

2 Family Services;

3 (31) the defendant (i) committed the offense of

4 driving while under the influence of alcohol, other drug

5 or drugs, intoxicating compound or compounds or any

6 combination thereof in violation of Section 11-501 of the

7 Illinois Vehicle Code or a similar provision of a local

8 ordinance and (ii) the defendant during the commission of

9 the offense was driving his or her vehicle upon a roadway

10 designated for one-way traffic in the opposite direction

11 of the direction indicated by official traffic control

12 devices;

13 (32) the defendant committed the offense of reckless

14 homicide while committing a violation of Section 11-907 of

15 the Illinois Vehicle Code;

16 (33) the defendant was found guilty of an

17 administrative infraction related to an act or acts of

18 public indecency or sexual misconduct in the penal

19 institution. In this paragraph (33), "penal institution"

20 has the same meaning as in Section 2-14 of the Criminal

21 Code of 2012; or

22 (34) the defendant committed the offense of leaving

23 the scene of an accident in violation of subsection (b) of

24 Section 11-401 of the Illinois Vehicle Code and the

25 accident resulted in the death of a person and at the time

26 of the offense, the defendant was: (i) driving under the

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1 influence of alcohol, other drug or drugs, intoxicating

2 compound or compounds or any combination thereof as

3 defined by Section 11-501 of the Illinois Vehicle Code; or

4 (ii) operating the motor vehicle while using an electronic

5 communication device as defined in Section 12-610.2 of the

6 Illinois Vehicle Code.

7 For the purposes of this Section:

8 "School" is defined as a public or private elementary or

9 secondary school, community college, college, or university.

10 "Day care center" means a public or private State

11 certified and licensed day care center as defined in Section

12 2.09 of the Child Care Act of 1969 that displays a sign in

13 plain view stating that the property is a day care center.

14 "Intellectual disability" means significantly subaverage

15 intellectual functioning which exists concurrently with

16 impairment in adaptive behavior.

17 "Public transportation" means the transportation or

18 conveyance of persons by means available to the general

19 public, and includes paratransit services.

20 "Traffic control devices" means all signs, signals,

21 markings, and devices that conform to the Illinois Manual on

22 Uniform Traffic Control Devices, placed or erected by

23 authority of a public body or official having jurisdiction,

24 for the purpose of regulating, warning, or guiding traffic.

25 (b) The following factors, related to all felonies, may be

26 considered by the court as reasons to impose an extended term

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1 sentence under Section 5-8-2 upon any offender:

2 (1) When a defendant is convicted of any felony, after

3 having been previously convicted in Illinois or any other

4 jurisdiction of the same or similar class felony or

5 greater class felony, when such conviction has occurred

6 within 10 years after the previous conviction, excluding

7 time spent in custody, and such charges are separately

8 brought and tried and arise out of different series of

9 acts; or

10 (2) When a defendant is convicted of any felony and

11 the court finds that the offense was accompanied by

12 exceptionally brutal or heinous behavior indicative of

13 wanton cruelty; or

14 (3) When a defendant is convicted of any felony

15 committed against:

16 (i) a person under 12 years of age at the time of

17 the offense or such person's property;

18 (ii) a person 60 years of age or older at the time

19 of the offense or such person's property; or

20 (iii) a person who had a physical disability at

21 the time of the offense or such person's property; or

22 (4) When a defendant is convicted of any felony and

23 the offense involved any of the following types of

24 specific misconduct committed as part of a ceremony, rite,

25 initiation, observance, performance, practice or activity

26 of any actual or ostensible religious, fraternal, or

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1 social group:

2 (i) the brutalizing or torturing of humans or

3 animals;

4 (ii) the theft of human corpses;

5 (iii) the kidnapping of humans;

6 (iv) the desecration of any cemetery, religious,

7 fraternal, business, governmental, educational, or

8 other building or property; or

9 (v) ritualized abuse of a child; or

10 (5) When a defendant is convicted of a felony other

11 than conspiracy and the court finds that the felony was

12 committed under an agreement with 2 or more other persons

13 to commit that offense and the defendant, with respect to

14 the other individuals, occupied a position of organizer,

15 supervisor, financier, or any other position of management

16 or leadership, and the court further finds that the felony

17 committed was related to or in furtherance of the criminal

18 activities of an organized gang or was motivated by the

19 defendant's leadership in an organized gang; or

20 (6) When a defendant is convicted of an offense

21 committed while using a firearm with a laser sight

22 attached to it. For purposes of this paragraph, "laser

23 sight" has the meaning ascribed to it in Section 26-7 of

24 the Criminal Code of 2012; or

25 (7) When a defendant who was at least 17 years of age

26 at the time of the commission of the offense is convicted

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1 of a felony and has been previously adjudicated a

2 delinquent minor under the Juvenile Court Act of 1987 for

3 an act that if committed by an adult would be a Class X or

4 Class 1 felony when the conviction has occurred within 10

5 years after the previous adjudication, excluding time

6 spent in custody; or

7 (8) When a defendant commits any felony and the

8 defendant used, possessed, exercised control over, or

9 otherwise directed an animal to assault a law enforcement

10 officer engaged in the execution of his or her official

11 duties or in furtherance of the criminal activities of an

12 organized gang in which the defendant is engaged; or

13 (9) When a defendant commits any felony and the

14 defendant knowingly video or audio records the offense

15 with the intent to disseminate the recording.

16 (c) The following factors may be considered by the court

17 as reasons to impose an extended term sentence under Section

18 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed

19 offenses:

20 (1) When a defendant is convicted of first degree

21 murder, after having been previously convicted in Illinois

22 of any offense listed under paragraph (c)(2) of Section

23 5-5-3 (730 ILCS 5/5-5-3), when that conviction has

24 occurred within 10 years after the previous conviction,

25 excluding time spent in custody, and the charges are

26 separately brought and tried and arise out of different

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1 series of acts.

2 (1.5) When a defendant is convicted of first degree

3 murder, after having been previously convicted of domestic

4 battery (720 ILCS 5/12-3.2) or aggravated domestic battery

5 (720 ILCS 5/12-3.3) committed on the same victim or after

6 having been previously convicted of violation of an order

7 of protection (720 ILCS 5/12-30) in which the same victim

8 was the protected person.

9 (2) When a defendant is convicted of voluntary

10 manslaughter, second degree murder, involuntary

11 manslaughter, or reckless homicide in which the defendant

12 has been convicted of causing the death of more than one

13 individual.

14 (3) When a defendant is convicted of aggravated

15 criminal sexual assault or criminal sexual assault, when

16 there is a finding that aggravated criminal sexual assault

17 or criminal sexual assault was also committed on the same

18 victim by one or more other individuals, and the defendant

19 voluntarily participated in the crime with the knowledge

20 of the participation of the others in the crime, and the

21 commission of the crime was part of a single course of

22 conduct during which there was no substantial change in

23 the nature of the criminal objective.

24 (4) If the victim was under 18 years of age at the time

25 of the commission of the offense, when a defendant is

26 convicted of aggravated criminal sexual assault or

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1 predatory criminal sexual assault of a child under

2 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

3 of Section 12-14.1 of the Criminal Code of 1961 or the

4 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

5 (5) When a defendant is convicted of a felony

6 violation of Section 24-1 of the Criminal Code of 1961 or

7 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

8 finding that the defendant is a member of an organized

9 gang.

10 (6) When a defendant was convicted of unlawful use of

11 weapons under Section 24-1 of the Criminal Code of 1961 or

12 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing

13 a weapon that is not readily distinguishable as one of the

14 weapons enumerated in Section 24-1 of the Criminal Code of

15 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).

16 (7) When a defendant is convicted of an offense

17 involving the illegal manufacture of a controlled

18 substance under Section 401 of the Illinois Controlled

19 Substances Act (720 ILCS 570/401), the illegal manufacture

20 of methamphetamine under Section 25 of the Methamphetamine

21 Control and Community Protection Act (720 ILCS 646/25), or

22 the illegal possession of explosives and an emergency

23 response officer in the performance of his or her duties

24 is killed or injured at the scene of the offense while

25 responding to the emergency caused by the commission of

26 the offense. In this paragraph, "emergency" means a

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1 situation in which a person's life, health, or safety is

2 in jeopardy; and "emergency response officer" means a

3 peace officer, community policing volunteer, fireman,

4 emergency medical technician-ambulance, emergency medical

5 technician-intermediate, emergency medical

6 technician-paramedic, ambulance driver, other medical

7 assistance or first aid personnel, or hospital emergency

8 room personnel.

9 (8) When the defendant is convicted of attempted mob

10 action, solicitation to commit mob action, or conspiracy

11 to commit mob action under Section 8-1, 8-2, or 8-4 of the

12 Criminal Code of 2012, where the criminal object is a

13 violation of Section 25-1 of the Criminal Code of 2012,

14 and an electronic communication is used in the commission

15 of the offense. For the purposes of this paragraph (8),

16 "electronic communication" shall have the meaning provided

17 in Section 26.5-0.1 of the Criminal Code of 2012.

18 (d) For the purposes of this Section, "organized gang" has

19 the meaning ascribed to it in Section 10 of the Illinois

20 Streetgang Terrorism Omnibus Prevention Act.

21 (e) The court may impose an extended term sentence under

22 Article 4.5 of Chapter V upon an offender who has been

23 convicted of a felony violation of Section 11-1.20, 11-1.30,

24 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

25 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

26 when the victim of the offense is under 18 years of age at the

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1 time of the commission of the offense and, during the

2 commission of the offense, the victim was under the influence

3 of alcohol, regardless of whether or not the alcohol was

4 supplied by the offender; and the offender, at the time of the

5 commission of the offense, knew or should have known that the

6 victim had consumed alcohol.

7 (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;

8 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.

9 8-20-21.)

10 (Text of Section after amendment by P.A. 102-982)

11 Sec. 5-5-3.2. Factors in aggravation and extended-term

12 sentencing.

13 (a) The following factors shall be accorded weight in

14 favor of imposing a term of imprisonment or may be considered

15 by the court as reasons to impose a more severe sentence under

16 Section 5-8-1 or Article 4.5 of Chapter V:

17 (1) the defendant's conduct caused or threatened

18 serious harm;

19 (2) the defendant received compensation for committing

20 the offense;

21 (3) the defendant has a history of prior delinquency

22 or criminal activity;

23 (4) the defendant, by the duties of his office or by

24 his position, was obliged to prevent the particular

25 offense committed or to bring the offenders committing it

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1 to justice;

2 (5) the defendant held public office at the time of

3 the offense, and the offense related to the conduct of

4 that office;

5 (6) the defendant utilized his professional reputation

6 or position in the community to commit the offense, or to

7 afford him an easier means of committing it;

8 (7) the sentence is necessary to deter others from

9 committing the same crime;

10 (8) the defendant committed the offense against a

11 person 60 years of age or older or such person's property;

12 (9) the defendant committed the offense against a

13 person who has a physical disability or such person's

14 property;

15 (10) by reason of another individual's actual or

16 perceived race, color, creed, religion, ancestry, gender,

17 sexual orientation, physical or mental disability, or

18 national origin, the defendant committed the offense

19 against (i) the person or property of that individual;

20 (ii) the person or property of a person who has an

21 association with, is married to, or has a friendship with

22 the other individual; or (iii) the person or property of a

23 relative (by blood or marriage) of a person described in

24 clause (i) or (ii). For the purposes of this Section,

25 "sexual orientation" has the meaning ascribed to it in

26 paragraph (O-1) of Section 1-103 of the Illinois Human

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1 Rights Act;

2 (11) the offense took place in a place of worship or on

3 the grounds of a place of worship, immediately prior to,

4 during or immediately following worship services. For

5 purposes of this subparagraph, "place of worship" shall

6 mean any church, synagogue or other building, structure or

7 place used primarily for religious worship;

8 (12) the defendant was convicted of a felony committed

9 while he was on pretrial release or his own recognizance

10 pending trial for a prior felony and was convicted of such

11 prior felony, or the defendant was convicted of a felony

12 committed while he was serving a period of probation,

13 conditional discharge, or mandatory supervised release

14 under subsection (d) of Section 5-8-1 for a prior felony;

15 (13) the defendant committed or attempted to commit a

16 felony while he was wearing a bulletproof vest. For the

17 purposes of this paragraph (13), a bulletproof vest is any

18 device which is designed for the purpose of protecting the

19 wearer from bullets, shot or other lethal projectiles;

20 (14) the defendant held a position of trust or

21 supervision such as, but not limited to, family member as

22 defined in Section 11-0.1 of the Criminal Code of 2012,

23 teacher, scout leader, baby sitter, or child ~~day~~ care

24 worker, in relation to a victim under 18 years of age, and

25 the defendant committed an offense in violation of Section

26 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

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1 11-14.4 except for an offense that involves keeping a

2 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

3 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

4 or 12-16 of the Criminal Code of 1961 or the Criminal Code

5 of 2012 against that victim;

6 (15) the defendant committed an offense related to the

7 activities of an organized gang. For the purposes of this

8 factor, "organized gang" has the meaning ascribed to it in

9 Section 10 of the Streetgang Terrorism Omnibus Prevention

10 Act;

11 (16) the defendant committed an offense in violation

12 of one of the following Sections while in a school,

13 regardless of the time of day or time of year; on any

14 conveyance owned, leased, or contracted by a school to

15 transport students to or from school or a school related

16 activity; on the real property of a school; or on a public

17 way within 1,000 feet of the real property comprising any

18 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,

19 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,

20 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,

21 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,

22 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except

23 for subdivision (a)(4) or (g)(1), of the Criminal Code of

24 1961 or the Criminal Code of 2012;

25 (16.5) the defendant committed an offense in violation

26 of one of the following Sections while in achild ~~day~~ care

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1 center, regardless of the time of day or time of year; on

2 the real property of a child ~~day~~ care center, regardless

3 of the time of day or time of year; or on a public way

4 within 1,000 feet of the real property comprising any

5 child ~~day~~care center, regardless of the time of day or

6 time of year: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,

7 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,

8 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,

9 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,

10 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except

11 for subdivision (a)(4) or (g)(1), of the Criminal Code of

12 1961 or the Criminal Code of 2012;

13 (17) the defendant committed the offense by reason of

14 any person's activity as a community policing volunteer or

15 to prevent any person from engaging in activity as a

16 community policing volunteer. For the purpose of this

17 Section, "community policing volunteer" has the meaning

18 ascribed to it in Section 2-3.5 of the Criminal Code of

19 2012;

20 (18) the defendant committed the offense in a nursing

21 home or on the real property comprising a nursing home.

22 For the purposes of this paragraph (18), "nursing home"

23 means a skilled nursing or intermediate long term care

24 facility that is subject to license by the Illinois

25 Department of Public Health under the Nursing Home Care

26 Act, the Specialized Mental Health Rehabilitation Act of

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1 2013, the ID/DD Community Care Act, or the MC/DD Act;

2 (19) the defendant was a federally licensed firearm

3 dealer and was previously convicted of a violation of

4 subsection (a) of Section 3 of the Firearm Owners

5 Identification Card Act and has now committed either a

6 felony violation of the Firearm Owners Identification Card

7 Act or an act of armed violence while armed with a firearm;

8 (20) the defendant (i) committed the offense of

9 reckless homicide under Section 9-3 of the Criminal Code

10 of 1961 or the Criminal Code of 2012 or the offense of

11 driving under the influence of alcohol, other drug or

12 drugs, intoxicating compound or compounds or any

13 combination thereof under Section 11-501 of the Illinois

14 Vehicle Code or a similar provision of a local ordinance

15 and (ii) was operating a motor vehicle in excess of 20

16 miles per hour over the posted speed limit as provided in

17 Article VI of Chapter 11 of the Illinois Vehicle Code;

18 (21) the defendant (i) committed the offense of

19 reckless driving or aggravated reckless driving under

20 Section 11-503 of the Illinois Vehicle Code and (ii) was

21 operating a motor vehicle in excess of 20 miles per hour

22 over the posted speed limit as provided in Article VI of

23 Chapter 11 of the Illinois Vehicle Code;

24 (22) the defendant committed the offense against a

25 person that the defendant knew, or reasonably should have

26 known, was a member of the Armed Forces of the United

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1 States serving on active duty. For purposes of this clause

2 (22), the term "Armed Forces" means any of the Armed

3 Forces of the United States, including a member of any

4 reserve component thereof or National Guard unit called to

5 active duty;

6 (23) the defendant committed the offense against a

7 person who was elderly or infirm or who was a person with a

8 disability by taking advantage of a family or fiduciary

9 relationship with the elderly or infirm person or person

10 with a disability;

11 (24) the defendant committed any offense under Section

12 11-20.1 of the Criminal Code of 1961 or the Criminal Code

13 of 2012 and possessed 100 or more images;

14 (25) the defendant committed the offense while the

15 defendant or the victim was in a train, bus, or other

16 vehicle used for public transportation;

17 (26) the defendant committed the offense of child

18 pornography or aggravated child pornography, specifically

19 including paragraph (1), (2), (3), (4), (5), or (7) of

20 subsection (a) of Section 11-20.1 of the Criminal Code of

21 1961 or the Criminal Code of 2012 where a child engaged in,

22 solicited for, depicted in, or posed in any act of sexual

23 penetration or bound, fettered, or subject to sadistic,

24 masochistic, or sadomasochistic abuse in a sexual context

25 and specifically including paragraph (1), (2), (3), (4),

26 (5), or (7) of subsection (a) of Section 11-20.1B or

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1 Section 11-20.3 of the Criminal Code of 1961 where a child

2 engaged in, solicited for, depicted in, or posed in any

3 act of sexual penetration or bound, fettered, or subject

4 to sadistic, masochistic, or sadomasochistic abuse in a

5 sexual context;

6 (27) the defendant committed the offense of first

7 degree murder, assault, aggravated assault, battery,

8 aggravated battery, robbery, armed robbery, or aggravated

9 robbery against a person who was a veteran and the

10 defendant knew, or reasonably should have known, that the

11 person was a veteran performing duties as a representative

12 of a veterans' organization. For the purposes of this

13 paragraph (27), "veteran" means an Illinois resident who

14 has served as a member of the United States Armed Forces, a

15 member of the Illinois National Guard, or a member of the

16 United States Reserve Forces; and "veterans' organization"

17 means an organization comprised of members of which

18 substantially all are individuals who are veterans or

19 spouses, widows, or widowers of veterans, the primary

20 purpose of which is to promote the welfare of its members

21 and to provide assistance to the general public in such a

22 way as to confer a public benefit;

23 (28) the defendant committed the offense of assault,

24 aggravated assault, battery, aggravated battery, robbery,

25 armed robbery, or aggravated robbery against a person that

26 the defendant knew or reasonably should have known was a

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1 letter carrier or postal worker while that person was

2 performing his or her duties delivering mail for the

3 United States Postal Service;

4 (29) the defendant committed the offense of criminal

5 sexual assault, aggravated criminal sexual assault,

6 criminal sexual abuse, or aggravated criminal sexual abuse

7 against a victim with an intellectual disability, and the

8 defendant holds a position of trust, authority, or

9 supervision in relation to the victim;

10 (30) the defendant committed the offense of promoting

11 juvenile prostitution, patronizing a prostitute, or

12 patronizing a minor engaged in prostitution and at the

13 time of the commission of the offense knew that the

14 prostitute or minor engaged in prostitution was in the

15 custody or guardianship of the Department of Children and

16 Family Services;

17 (31) the defendant (i) committed the offense of

18 driving while under the influence of alcohol, other drug

19 or drugs, intoxicating compound or compounds or any

20 combination thereof in violation of Section 11-501 of the

21 Illinois Vehicle Code or a similar provision of a local

22 ordinance and (ii) the defendant during the commission of

23 the offense was driving his or her vehicle upon a roadway

24 designated for one-way traffic in the opposite direction

25 of the direction indicated by official traffic control

26 devices;

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1 (32) the defendant committed the offense of reckless

2 homicide while committing a violation of Section 11-907 of

3 the Illinois Vehicle Code;

4 (33) the defendant was found guilty of an

5 administrative infraction related to an act or acts of

6 public indecency or sexual misconduct in the penal

7 institution. In this paragraph (33), "penal institution"

8 has the same meaning as in Section 2-14 of the Criminal

9 Code of 2012; or

10 (34) the defendant committed the offense of leaving

11 the scene of a crash in violation of subsection (b) of

12 Section 11-401 of the Illinois Vehicle Code and the crash

13 resulted in the death of a person and at the time of the

14 offense, the defendant was: (i) driving under the

15 influence of alcohol, other drug or drugs, intoxicating

16 compound or compounds or any combination thereof as

17 defined by Section 11-501 of the Illinois Vehicle Code; or

18 (ii) operating the motor vehicle while using an electronic

19 communication device as defined in Section 12-610.2 of the

20 Illinois Vehicle Code.

21 For the purposes of this Section:

22 "School" is defined as a public or private elementary or

23 secondary school, community college, college, or university.

24 "Child ~~Day~~ care center" means a public or private State

25 certified and licensedchild ~~day~~ care center as defined in

26 Section 2.09 of the Child Care Act of 1969 that displays a sign

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1 in plain view stating that the property is achild ~~day~~ care

2 center.

3 "Intellectual disability" means significantly subaverage

4 intellectual functioning which exists concurrently with

5 impairment in adaptive behavior.

6 "Public transportation" means the transportation or

7 conveyance of persons by means available to the general

8 public, and includes paratransit services.

9 "Traffic control devices" means all signs, signals,

10 markings, and devices that conform to the Illinois Manual on

11 Uniform Traffic Control Devices, placed or erected by

12 authority of a public body or official having jurisdiction,

13 for the purpose of regulating, warning, or guiding traffic.

14 (b) The following factors, related to all felonies, may be

15 considered by the court as reasons to impose an extended term

16 sentence under Section 5-8-2 upon any offender:

17 (1) When a defendant is convicted of any felony, after

18 having been previously convicted in Illinois or any other

19 jurisdiction of the same or similar class felony or

20 greater class felony, when such conviction has occurred

21 within 10 years after the previous conviction, excluding

22 time spent in custody, and such charges are separately

23 brought and tried and arise out of different series of

24 acts; or

25 (2) When a defendant is convicted of any felony and

26 the court finds that the offense was accompanied by

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1 exceptionally brutal or heinous behavior indicative of

2 wanton cruelty; or

3 (3) When a defendant is convicted of any felony

4 committed against:

5 (i) a person under 12 years of age at the time of

6 the offense or such person's property;

7 (ii) a person 60 years of age or older at the time

8 of the offense or such person's property; or

9 (iii) a person who had a physical disability at

10 the time of the offense or such person's property; or

11 (4) When a defendant is convicted of any felony and

12 the offense involved any of the following types of

13 specific misconduct committed as part of a ceremony, rite,

14 initiation, observance, performance, practice or activity

15 of any actual or ostensible religious, fraternal, or

16 social group:

17 (i) the brutalizing or torturing of humans or

18 animals;

19 (ii) the theft of human corpses;

20 (iii) the kidnapping of humans;

21 (iv) the desecration of any cemetery, religious,

22 fraternal, business, governmental, educational, or

23 other building or property; or

24 (v) ritualized abuse of a child; or

25 (5) When a defendant is convicted of a felony other

26 than conspiracy and the court finds that the felony was

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1 committed under an agreement with 2 or more other persons

2 to commit that offense and the defendant, with respect to

3 the other individuals, occupied a position of organizer,

4 supervisor, financier, or any other position of management

5 or leadership, and the court further finds that the felony

6 committed was related to or in furtherance of the criminal

7 activities of an organized gang or was motivated by the

8 defendant's leadership in an organized gang; or

9 (6) When a defendant is convicted of an offense

10 committed while using a firearm with a laser sight

11 attached to it. For purposes of this paragraph, "laser

12 sight" has the meaning ascribed to it in Section 26-7 of

13 the Criminal Code of 2012; or

14 (7) When a defendant who was at least 17 years of age

15 at the time of the commission of the offense is convicted

16 of a felony and has been previously adjudicated a

17 delinquent minor under the Juvenile Court Act of 1987 for

18 an act that if committed by an adult would be a Class X or

19 Class 1 felony when the conviction has occurred within 10

20 years after the previous adjudication, excluding time

21 spent in custody; or

22 (8) When a defendant commits any felony and the

23 defendant used, possessed, exercised control over, or

24 otherwise directed an animal to assault a law enforcement

25 officer engaged in the execution of his or her official

26 duties or in furtherance of the criminal activities of an

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1 organized gang in which the defendant is engaged; or

2 (9) When a defendant commits any felony and the

3 defendant knowingly video or audio records the offense

4 with the intent to disseminate the recording.

5 (c) The following factors may be considered by the court

6 as reasons to impose an extended term sentence under Section

7 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed

8 offenses:

9 (1) When a defendant is convicted of first degree

10 murder, after having been previously convicted in Illinois

11 of any offense listed under paragraph (c)(2) of Section

12 5-5-3 (730 ILCS 5/5-5-3), when that conviction has

13 occurred within 10 years after the previous conviction,

14 excluding time spent in custody, and the charges are

15 separately brought and tried and arise out of different

16 series of acts.

17 (1.5) When a defendant is convicted of first degree

18 murder, after having been previously convicted of domestic

19 battery (720 ILCS 5/12-3.2) or aggravated domestic battery

20 (720 ILCS 5/12-3.3) committed on the same victim or after

21 having been previously convicted of violation of an order

22 of protection (720 ILCS 5/12-30) in which the same victim

23 was the protected person.

24 (2) When a defendant is convicted of voluntary

25 manslaughter, second degree murder, involuntary

26 manslaughter, or reckless homicide in which the defendant

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1 has been convicted of causing the death of more than one

2 individual.

3 (3) When a defendant is convicted of aggravated

4 criminal sexual assault or criminal sexual assault, when

5 there is a finding that aggravated criminal sexual assault

6 or criminal sexual assault was also committed on the same

7 victim by one or more other individuals, and the defendant

8 voluntarily participated in the crime with the knowledge

9 of the participation of the others in the crime, and the

10 commission of the crime was part of a single course of

11 conduct during which there was no substantial change in

12 the nature of the criminal objective.

13 (4) If the victim was under 18 years of age at the time

14 of the commission of the offense, when a defendant is

15 convicted of aggravated criminal sexual assault or

16 predatory criminal sexual assault of a child under

17 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

18 of Section 12-14.1 of the Criminal Code of 1961 or the

19 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

20 (5) When a defendant is convicted of a felony

21 violation of Section 24-1 of the Criminal Code of 1961 or

22 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

23 finding that the defendant is a member of an organized

24 gang.

25 (6) When a defendant was convicted of unlawful use of

26 weapons under Section 24-1 of the Criminal Code of 1961 or

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1 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing

2 a weapon that is not readily distinguishable as one of the

3 weapons enumerated in Section 24-1 of the Criminal Code of

4 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).

5 (7) When a defendant is convicted of an offense

6 involving the illegal manufacture of a controlled

7 substance under Section 401 of the Illinois Controlled

8 Substances Act (720 ILCS 570/401), the illegal manufacture

9 of methamphetamine under Section 25 of the Methamphetamine

10 Control and Community Protection Act (720 ILCS 646/25), or

11 the illegal possession of explosives and an emergency

12 response officer in the performance of his or her duties

13 is killed or injured at the scene of the offense while

14 responding to the emergency caused by the commission of

15 the offense. In this paragraph, "emergency" means a

16 situation in which a person's life, health, or safety is

17 in jeopardy; and "emergency response officer" means a

18 peace officer, community policing volunteer, fireman,

19 emergency medical technician-ambulance, emergency medical

20 technician-intermediate, emergency medical

21 technician-paramedic, ambulance driver, other medical

22 assistance or first aid personnel, or hospital emergency

23 room personnel.

24 (8) When the defendant is convicted of attempted mob

25 action, solicitation to commit mob action, or conspiracy

26 to commit mob action under Section 8-1, 8-2, or 8-4 of the

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1 Criminal Code of 2012, where the criminal object is a

2 violation of Section 25-1 of the Criminal Code of 2012,

3 and an electronic communication is used in the commission

4 of the offense. For the purposes of this paragraph (8),

5 "electronic communication" shall have the meaning provided

6 in Section 26.5-0.1 of the Criminal Code of 2012.

7 (d) For the purposes of this Section, "organized gang" has

8 the meaning ascribed to it in Section 10 of the Illinois

9 Streetgang Terrorism Omnibus Prevention Act.

10 (e) The court may impose an extended term sentence under

11 Article 4.5 of Chapter V upon an offender who has been

12 convicted of a felony violation of Section 11-1.20, 11-1.30,

13 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

14 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

15 when the victim of the offense is under 18 years of age at the

16 time of the commission of the offense and, during the

17 commission of the offense, the victim was under the influence

18 of alcohol, regardless of whether or not the alcohol was

19 supplied by the offender; and the offender, at the time of the

20 commission of the offense, knew or should have known that the

21 victim had consumed alcohol.

22 (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;

23 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.

24 8-20-21; 102-982, eff. 7-1-23.)

25 Section 300. The Stalking No Contact Order Act is amended

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1 by changing Sections 80 and 115 as follows:

2 (740 ILCS 21/80)

3 Sec. 80. Stalking no contact orders; remedies.

4 (a) If the court finds that the petitioner has been a

5 victim of stalking, a stalking no contact order shall issue;

6 provided that the petitioner must also satisfy the

7 requirements of Section 95 on emergency orders or Section 100

8 on plenary orders. The petitioner shall not be denied a

9 stalking no contact order because the petitioner or the

10 respondent is a minor. The court, when determining whether or

11 not to issue a stalking no contact order, may not require

12 physical injury on the person of the petitioner. Modification

13 and extension of prior stalking no contact orders shall be in

14 accordance with this Act.

15 (b) A stalking no contact order shall order one or more of

16 the following:

17 (1) prohibit the respondent from threatening to commit

18 or committing stalking;

19 (2) order the respondent not to have any contact with

20 the petitioner or a third person specifically named by the

21 court;

22 (3) prohibit the respondent from knowingly coming

23 within, or knowingly remaining within a specified distance

24 of the petitioner or the petitioner's residence, school,

25 child care ~~daycare~~, or place of employment, or any

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1 specified place frequented by the petitioner; however, the

2 court may order the respondent to stay away from the

3 respondent's own residence, school, or place of employment

4 only if the respondent has been provided actual notice of

5 the opportunity to appear and be heard on the petition;

6 (4) prohibit the respondent from possessing a Firearm

7 Owners Identification Card, or possessing or buying

8 firearms; and

9 (5) order other injunctive relief the court determines

10 to be necessary to protect the petitioner or third party

11 specifically named by the court.

12 (b-5) When the petitioner and the respondent attend the

13 same public, private, or non-public elementary, middle, or

14 high school, the court when issuing a stalking no contact

15 order and providing relief shall consider the severity of the

16 act, any continuing physical danger or emotional distress to

17 the petitioner, the educational rights guaranteed to the

18 petitioner and respondent under federal and State law, the

19 availability of a transfer of the respondent to another

20 school, a change of placement or a change of program of the

21 respondent, the expense, difficulty, and educational

22 disruption that would be caused by a transfer of the

23 respondent to another school, and any other relevant facts of

24 the case. The court may order that the respondent not attend

25 the public, private, or non-public elementary, middle, or high

26 school attended by the petitioner, order that the respondent

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1 accept a change of placement or program, as determined by the

2 school district or private or non-public school, or place

3 restrictions on the respondent's movements within the school

4 attended by the petitioner. The respondent bears the burden of

5 proving by a preponderance of the evidence that a transfer,

6 change of placement, or change of program of the respondent is

7 not available. The respondent also bears the burden of

8 production with respect to the expense, difficulty, and

9 educational disruption that would be caused by a transfer of

10 the respondent to another school. A transfer, change of

11 placement, or change of program is not unavailable to the

12 respondent solely on the ground that the respondent does not

13 agree with the school district's or private or non-public

14 school's transfer, change of placement, or change of program

15 or solely on the ground that the respondent fails or refuses to

16 consent to or otherwise does not take an action required to

17 effectuate a transfer, change of placement, or change of

18 program. When a court orders a respondent to stay away from the

19 public, private, or non-public school attended by the

20 petitioner and the respondent requests a transfer to another

21 attendance center within the respondent's school district or

22 private or non-public school, the school district or private

23 or non-public school shall have sole discretion to determine

24 the attendance center to which the respondent is transferred.

25 In the event the court order results in a transfer of the minor

26 respondent to another attendance center, a change in the

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1 respondent's placement, or a change of the respondent's

2 program, the parents, guardian, or legal custodian of the

3 respondent is responsible for transportation and other costs

4 associated with the transfer or change.

5 (b-6) The court may order the parents, guardian, or legal

6 custodian of a minor respondent to take certain actions or to

7 refrain from taking certain actions to ensure that the

8 respondent complies with the order. In the event the court

9 orders a transfer of the respondent to another school, the

10 parents, guardian, or legal custodian of the respondent are

11 responsible for transportation and other costs associated with

12 the change of school by the respondent.

13 (b-7) The court shall not hold a school district or

14 private or non-public school or any of its employees in civil

15 or criminal contempt unless the school district or private or

16 non-public school has been allowed to intervene.

17 (b-8) The court may hold the parents, guardian, or legal

18 custodian of a minor respondent in civil or criminal contempt

19 for a violation of any provision of any order entered under

20 this Act for conduct of the minor respondent in violation of

21 this Act if the parents, guardian, or legal custodian

22 directed, encouraged, or assisted the respondent minor in such

23 conduct.

24 (c) The court may award the petitioner costs and attorneys

25 fees if a stalking no contact order is granted.

26 (d) Monetary damages are not recoverable as a remedy.

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1 (e) If the stalking no contact order prohibits the

2 respondent from possessing a Firearm Owner's Identification

3 Card, or possessing or buying firearms; the court shall

4 confiscate the respondent's Firearm Owner's Identification

5 Card and immediately return the card to the Illinois State

6 Police Firearm Owner's Identification Card Office.

7 (Source: P.A. 102-538, eff. 8-20-21.)

8 (740 ILCS 21/115)

9 Sec. 115. Notice of orders.

10 (a) Upon issuance of any stalking no contact order, the

11 clerk shall immediately:

12 (1) enter the order on the record and file it in

13 accordance with the circuit court procedures; and

14 (2) provide a file stamped copy of the order to the

15 respondent, if present, and to the petitioner.

16 (b) The clerk of the issuing judge shall, or the

17 petitioner may, on the same day that a stalking no contact

18 order is issued, file a certified copy of that order with the

19 sheriff or other law enforcement officials charged with

20 maintaining Illinois State Police records or charged with

21 serving the order upon the respondent. If the respondent, at

22 the time of the issuance of the order, is committed to the

23 custody of the Illinois Department of Corrections or Illinois

24 Department of Juvenile Justice or is on parole, aftercare

25 release, or mandatory supervised release, the sheriff or other

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1 law enforcement officials charged with maintaining Illinois

2 State Police records shall notify the Department of

3 Corrections or Department of Juvenile Justice within 48 hours

4 of receipt of a copy of the stalking no contact order from the

5 clerk of the issuing judge or the petitioner. Such notice

6 shall include the name of the respondent, the respondent's

7 IDOC inmate number or IDJJ youth identification number, the

8 respondent's date of birth, and the LEADS Record Index Number.

9 (c) Unless the respondent was present in court when the

10 order was issued, the sheriff, other law enforcement official,

11 or special process server shall promptly serve that order upon

12 the respondent and file proof of such service in the manner

13 provided for service of process in civil proceedings. Instead

14 of serving the order upon the respondent, however, the

15 sheriff, other law enforcement official, special process

16 server, or other persons defined in Section 117 may serve the

17 respondent with a short form notification as provided in

18 Section 117. If process has not yet been served upon the

19 respondent, it shall be served with the order or short form

20 notification if such service is made by the sheriff, other law

21 enforcement official, or special process server.

22 (d) If the person against whom the stalking no contact

23 order is issued is arrested and the written order is issued in

24 accordance with subsection (c) of Section 95 and received by

25 the custodial law enforcement agency before the respondent or

26 arrestee is released from custody, the custodial law

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1 enforcement agent shall promptly serve the order upon the

2 respondent or arrestee before the respondent or arrestee is

3 released from custody. In no event shall detention of the

4 respondent or arrestee be extended for hearing on the petition

5 for stalking no contact order or receipt of the order issued

6 under Section 95 of this Act.

7 (e) Any order extending, modifying, or revoking any

8 stalking no contact order shall be promptly recorded, issued,

9 and served as provided in this Section.

10 (f) Upon the request of the petitioner, within 24 hours of

11 the issuance of a stalking no contact order, the clerk of the

12 issuing judge shall send written notice of the order along

13 with a certified copy of the order to any school, child care

14 ~~daycare~~, college, or university at which the petitioner is

15 enrolled.

16 (Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)

17 Section 305. The Civil No Contact Order Act is amended by

18 changing Section 213 as follows:

19 (740 ILCS 22/213)

20 Sec. 213. Civil no contact order; remedies.

21 (a) If the court finds that the petitioner has been a

22 victim of non-consensual sexual conduct or non-consensual

23 sexual penetration, a civil no contact order shall issue;

24 provided that the petitioner must also satisfy the

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1 requirements of Section 214 on emergency orders or Section 215

2 on plenary orders. The petitioner shall not be denied a civil

3 no contact order because the petitioner or the respondent is a

4 minor. The court, when determining whether or not to issue a

5 civil no contact order, may not require physical injury on the

6 person of the victim. Modification and extension of prior

7 civil no contact orders shall be in accordance with this Act.

8 (a-5) (Blank).

9 (b) (Blank).

10 (b-5) The court may provide relief as follows:

11 (1) prohibit the respondent from knowingly coming

12 within, or knowingly remaining within, a specified

13 distance from the petitioner;

14 (2) restrain the respondent from having any contact,

15 including nonphysical contact and electronic communication

16 as defined in Section 26.5-0.1 of the Criminal Code of

17 2012, with the petitioner directly, indirectly, or through

18 third parties, regardless of whether those third parties

19 know of the order;

20 (3) prohibit the respondent from knowingly coming

21 within, or knowingly remaining within, a specified

22 distance from the petitioner's residence, school, child

23 ~~day~~ care or other specified location;

24 (4) order the respondent to stay away from any

25 property or animal owned, possessed, leased, kept, or held

26 by the petitioner and forbid the respondent from taking,

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1 transferring, encumbering, concealing, harming, or

2 otherwise disposing of the property or animal; and

3 (5) order any other injunctive relief as necessary or

4 appropriate for the protection of the petitioner.

5 (b-6) When the petitioner and the respondent attend the

6 same public or private elementary, middle, or high school, the

7 court when issuing a civil no contact order and providing

8 relief shall consider the severity of the act, any continuing

9 physical danger or emotional distress to the petitioner, the

10 educational rights guaranteed to the petitioner and respondent

11 under federal and State law, the availability of a transfer of

12 the respondent to another school, a change of placement or a

13 change of program of the respondent, the expense, difficulty,

14 and educational disruption that would be caused by a transfer

15 of the respondent to another school, and any other relevant

16 facts of the case. The court may order that the respondent not

17 attend the public, private, or non-public elementary, middle,

18 or high school attended by the petitioner, order that the

19 respondent accept a change of placement or program, as

20 determined by the school district or private or non-public

21 school, or place restrictions on the respondent's movements

22 within the school attended by the petitioner. The respondent

23 bears the burden of proving by a preponderance of the evidence

24 that a transfer, change of placement, or change of program of

25 the respondent is not available. The respondent also bears the

26 burden of production with respect to the expense, difficulty,

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1 and educational disruption that would be caused by a transfer

2 of the respondent to another school. A transfer, change of

3 placement, or change of program is not unavailable to the

4 respondent solely on the ground that the respondent does not

5 agree with the school district's or private or non-public

6 school's transfer, change of placement, or change of program

7 or solely on the ground that the respondent fails or refuses to

8 consent to or otherwise does not take an action required to

9 effectuate a transfer, change of placement, or change of

10 program. When a court orders a respondent to stay away from the

11 public, private, or non-public school attended by the

12 petitioner and the respondent requests a transfer to another

13 attendance center within the respondent's school district or

14 private or non-public school, the school district or private

15 or non-public school shall have sole discretion to determine

16 the attendance center to which the respondent is transferred.

17 In the event the court order results in a transfer of the minor

18 respondent to another attendance center, a change in the

19 respondent's placement, or a change of the respondent's

20 program, the parents, guardian, or legal custodian of the

21 respondent is responsible for transportation and other costs

22 associated with the transfer or change.

23 (b-7) The court may order the parents, guardian, or legal

24 custodian of a minor respondent to take certain actions or to

25 refrain from taking certain actions to ensure that the

26 respondent complies with the order. In the event the court

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1 orders a transfer of the respondent to another school, the

2 parents or legal guardians of the respondent are responsible

3 for transportation and other costs associated with the change

4 of school by the respondent.

5 (c) Denial of a remedy may not be based, in whole or in

6 part, on evidence that:

7 (1) the respondent has cause for any use of force,

8 unless that cause satisfies the standards for justifiable

9 use of force provided by Article 7 of the Criminal Code of

10 2012;

11 (2) the respondent was voluntarily intoxicated;

12 (3) the petitioner acted in self-defense or defense of

13 another, provided that, if the petitioner utilized force,

14 such force was justifiable under Article 7 of the Criminal

15 Code of 2012;

16 (4) the petitioner did not act in self-defense or

17 defense of another;

18 (5) the petitioner left the residence or household to

19 avoid further non-consensual sexual conduct or

20 non-consensual sexual penetration by the respondent; or

21 (6) the petitioner did not leave the residence or

22 household to avoid further non-consensual sexual conduct

23 or non-consensual sexual penetration by the respondent.

24 (d) Monetary damages are not recoverable as a remedy.

25 (Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22;

26 102-831, eff. 5-13-22.)

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1 Section 310. The Illinois Parentage Act of 2015 is amended

2 by changing Section 106 as follows:

3 (750 ILCS 46/106)

4 Sec. 106. Protection of participants. Proceedings under

5 this Act are subject to other law of this State governing the

6 health, safety, privacy, and liberty of a child or other

7 individual who could be jeopardized by disclosure of

8 identifying information, including address, telephone number,

9 place of employment, social security number, and the child's

10 child care ~~day-care~~ facility and school.

11 (Source: P.A. 99-85, eff. 1-1-16.)

12 Section 315. The Illinois Domestic Violence Act of 1986 is

13 amended by changing Sections 203 and 222 as follows:

14 (750 ILCS 60/203) (from Ch. 40, par. 2312-3)

15 Sec. 203. Pleading; non-disclosure of address;

16 non-disclosure of schools.

17 (a) A petition for an order of protection shall be in

18 writing and verified or accompanied by affidavit and shall

19 allege that petitioner has been abused by respondent, who is a

20 family or household member. The petition shall further set

21 forth whether there is any other pending action between the

22 parties. During the pendency of this proceeding, each party

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1 has a continuing duty to inform the court of any subsequent

2 proceeding for an order of protection in this or any other

3 state.

4 (b) If the petition states that disclosure of petitioner's

5 address would risk abuse of petitioner or any member of

6 petitioner's family or household or reveal the confidential

7 address of a shelter for domestic violence victims, that

8 address may be omitted from all documents filed with the

9 court. If disclosure is necessary to determine jurisdiction or

10 consider any venue issue, it shall be made orally and in

11 camera. If petitioner has not disclosed an address under this

12 subsection, petitioner shall designate an alternative address

13 at which respondent may serve notice of any motions.

14 (c) If the petitioner is seeking to have a child protected

15 by the order of protection, and if that child is enrolled in

16 any child care ~~day-care~~facility, pre-school,

17 pre-kindergarten, private school, public school district,

18 college, or university, the petitioner may provide the name

19 and address of the child care ~~day-care~~ facility, pre-school,

20 pre-kindergarten, private school, public school district,

21 college, or university to the court. However, if the petition

22 states that disclosure of this information would risk abuse to

23 petitioner or to the child protected under the order, this

24 information may be omitted from all documents filed with the

25 court.

26 (Source: P.A. 92-90, eff. 7-18-01.)

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1 (750 ILCS 60/222) (from Ch. 40, par. 2312-22)

2 Sec. 222. Notice of orders.

3 (a) Entry and issuance. Upon issuance of any order of

4 protection, the clerk shall immediately (i) enter the order on

5 the record and file it in accordance with the circuit court

6 procedures and (ii) provide a file stamped copy of the order to

7 respondent, if present, and to petitioner.

8 (b) Filing with sheriff. The clerk of the issuing judge

9 shall, or the petitioner may, on the same day that an order of

10 protection is issued, file a certified copy of that order with

11 the sheriff or other law enforcement officials charged with

12 maintaining Illinois State Police records or charged with

13 serving the order upon respondent. If the respondent, at the

14 time of the issuance of the order, is committed to the custody

15 of the Illinois Department of Corrections or Illinois

16 Department of Juvenile Justice or is on parole, aftercare

17 release, or mandatory supervised release, the sheriff or other

18 law enforcement officials charged with maintaining Illinois

19 State Police records shall notify the Department of

20 Corrections or Department of Juvenile Justice within 48 hours

21 of receipt of a copy of the order of protection from the clerk

22 of the issuing judge or the petitioner. Such notice shall

23 include the name of the respondent, the respondent's IDOC

24 inmate number or IDJJ youth identification number, the

25 respondent's date of birth, and the LEADS Record Index Number.

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1 (c) Service by sheriff. Unless respondent was present in

2 court when the order was issued, the sheriff, other law

3 enforcement official or special process server shall promptly

4 serve that order upon respondent and file proof of such

5 service, in the manner provided for service of process in

6 civil proceedings. Instead of serving the order upon the

7 respondent, however, the sheriff, other law enforcement

8 official, special process server, or other persons defined in

9 Section 222.10 may serve the respondent with a short form

10 notification as provided in Section 222.10. If process has not

11 yet been served upon the respondent, it shall be served with

12 the order or short form notification if such service is made by

13 the sheriff, other law enforcement official, or special

14 process server. A single fee may be charged for service of an

15 order obtained in civil court, or for service of such an order

16 together with process, unless waived or deferred under Section

17 210.

18 (c-5) If the person against whom the order of protection

19 is issued is arrested and the written order is issued in

20 accordance with subsection (c) of Section 217 and received by

21 the custodial law enforcement agency before the respondent or

22 arrestee is released from custody, the custodial law

23 enforcement agent shall promptly serve the order upon the

24 respondent or arrestee before the respondent or arrestee is

25 released from custody. In no event shall detention of the

26 respondent or arrestee be extended for hearing on the petition

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1 for order of protection or receipt of the order issued under

2 Section 217 of this Act.

3 (d) Extensions, modifications and revocations. Any order

4 extending, modifying or revoking any order of protection shall

5 be promptly recorded, issued and served as provided in this

6 Section.

7 (e) Notice to schools. Upon the request of the petitioner,

8 within 24 hours of the issuance of an order of protection, the

9 clerk of the issuing judge shall send a certified copy of the

10 order of protection to the child care ~~day-care~~facility,

11 pre-school or pre-kindergarten, or private school or the

12 principal office of the public school district or any college

13 or university in which any child who is a protected person

14 under the order of protection or any child of the petitioner is

15 enrolled as requested by the petitioner at the mailing address

16 provided by the petitioner. If the child transfers enrollment

17 to another child care ~~day-care~~facility, pre-school,

18 pre-kindergarten, private school, public school, college, or

19 university, the petitioner may, within 24 hours of the

20 transfer, send to the clerk written notice of the transfer,

21 including the name and address of the institution to which the

22 child is transferring. Within 24 hours of receipt of notice

23 from the petitioner that a child is transferring to another

24 child care ~~day-care~~facility, pre-school, pre-kindergarten,

25 private school, public school, college, or university, the

26 clerk shall send a certified copy of the order to the

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1 institution to which the child is transferring.

2 (f) Disclosure by schools. After receiving a certified

3 copy of an order of protection that prohibits a respondent's

4 access to records, neither achild care ~~day-care~~ facility,

5 pre-school, pre-kindergarten, public or private school,

6 college, or university nor its employees shall allow a

7 respondent access to a protected child's records or release

8 information in those records to the respondent. The school

9 shall file the copy of the order of protection in the records

10 of a child who is a protected person under the order of

11 protection. When a child who is a protected person under the

12 order of protection transfers to another child care ~~day-care~~

13 facility, pre-school, pre-kindergarten, public or private

14 school, college, or university, the institution from which the

15 child is transferring may, at the request of the petitioner,

16 provide, within 24 hours of the transfer, written notice of

17 the order of protection, along with a certified copy of the

18 order, to the institution to which the child is transferring.

19 (g) Notice to health care facilities and health care

20 practitioners. Upon the request of the petitioner, the clerk

21 of the circuit court shall send a certified copy of the order

22 of protection to any specified health care facility or health

23 care practitioner requested by the petitioner at the mailing

24 address provided by the petitioner.

25 (h) Disclosure by health care facilities and health care

26 practitioners. After receiving a certified copy of an order of

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1 protection that prohibits a respondent's access to records, no

2 health care facility or health care practitioner shall allow a

3 respondent access to the records of any child who is a

4 protected person under the order of protection, or release

5 information in those records to the respondent, unless the

6 order has expired or the respondent shows a certified copy of

7 the court order vacating the corresponding order of protection

8 that was sent to the health care facility or practitioner.

9 Nothing in this Section shall be construed to require health

10 care facilities or health care practitioners to alter

11 procedures related to billing and payment. The health care

12 facility or health care practitioner may file the copy of the

13 order of protection in the records of a child who is a

14 protected person under the order of protection, or may employ

15 any other method to identify the records to which a respondent

16 is prohibited access. No health care facility or health care

17 practitioner shall be civilly or professionally liable for

18 reliance on a copy of an order of protection, except for

19 willful and wanton misconduct.

20 (Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)

21 Section 320. The Illinois Human Rights Act is amended by

22 changing Section 5-101 as follows:

23 (775 ILCS 5/5-101) (from Ch. 68, par. 5-101)

24 Sec. 5-101. Definitions. The following definitions are

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1 applicable strictly in the context of this Article:

2 (A) Place of Public Accommodation. "Place of public

3 accommodation" includes, but is not limited to:

4 (1) an inn, hotel, motel, or other place of lodging,

5 except for an establishment located within a building that

6 contains not more than 5 units for rent or hire and that is

7 actually occupied by the proprietor of such establishment

8 as the residence of such proprietor;

9 (2) a restaurant, bar, or other establishment serving

10 food or drink;

11 (3) a motion picture house, theater, concert hall,

12 stadium, or other place of exhibition or entertainment;

13 (4) an auditorium, convention center, lecture hall, or

14 other place of public gathering;

15 (5) a bakery, grocery store, clothing store, hardware

16 store, shopping center, or other sales or rental

17 establishment;

18 (6) a laundromat, dry-cleaner, bank, barber shop,

19 beauty shop, travel service, shoe repair service, funeral

20 parlor, gas station, office of an accountant or lawyer,

21 pharmacy, insurance office, professional office of a

22 health care provider, hospital, or other service

23 establishment;

24 (7) public conveyances on air, water, or land;

25 (8) a terminal, depot, or other station used for

26 specified public transportation;

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1 (9) a museum, library, gallery, or other place of

2 public display or collection;

3 (10) a park, zoo, amusement park, or other place of

4 recreation;

5 (11) a non-sectarian nursery, child ~~day~~ care center,

6 elementary, secondary, undergraduate, or postgraduate

7 school, or other place of education;

8 (12) a senior citizen center, homeless shelter, food

9 bank, non-sectarian adoption agency, or other social

10 service center establishment; and

11 (13) a gymnasium, health spa, bowling alley, golf

12 course, or other place of exercise or recreation.

13 (B) Operator. "Operator" means any owner, lessee,

14 proprietor, manager, superintendent, agent, or occupant of a

15 place of public accommodation or an employee of any such

16 person or persons.

17 (C) Public Official. "Public official" means any officer

18 or employee of the state or any agency thereof, including

19 state political subdivisions, municipal corporations, park

20 districts, forest preserve districts, educational

21 institutions, and schools.

22 (Source: P.A. 100-863, eff. 8-14-18.)

23 Section 325. The Minimum Wage Law is amended by changing

24 Section 3 as follows:

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1 (820 ILCS 105/3) (from Ch. 48, par. 1003)

2 Sec. 3. As used in this Act:

3 (a) "Director" means the Director of the Department of

4 Labor, and "Department" means the Department of Labor.

5 (b) "Wages" means compensation due to an employee by

6 reason of his employment, including allowances determined by

7 the Director in accordance with the provisions of this Act for

8 gratuities and, when furnished by the employer, for meals and

9 lodging actually used by the employee.

10 (c) "Employer" includes any individual, partnership,

11 association, corporation, limited liability company, business

12 trust, governmental or quasi-governmental body, or any person

13 or group of persons acting directly or indirectly in the

14 interest of an employer in relation to an employee, for which

15 one or more persons are gainfully employed on some day within a

16 calendar year. An employer is subject to this Act in a calendar

17 year on and after the first day in such calendar year in which

18 he employs one or more persons, and for the following calendar

19 year.

20 (d) "Employee" includes any individual permitted to work

21 by an employer in an occupation, and includes, notwithstanding

22 subdivision (1) of this subsection (d), one or more domestic

23 workers as defined in Section 10 of the Domestic Workers' Bill

24 of Rights Act, but does not include any individual permitted

25 to work:

26 (1) For an employer employing fewer than 4 employees

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1 exclusive of the employer's parent, spouse or child or

2 other members of his immediate family.

3 (2) As an employee employed in agriculture or

4 aquaculture (A) if such employee is employed by an

5 employer who did not, during any calendar quarter during

6 the preceding calendar year, use more than 500 man-days of

7 agricultural or aquacultural labor, (B) if such employee

8 is the parent, spouse or child, or other member of the

9 employer's immediate family, (C) if such employee (i) is

10 employed as a hand harvest laborer and is paid on a piece

11 rate basis in an operation which has been, and is

12 customarily and generally recognized as having been, paid

13 on a piece rate basis in the region of employment, (ii)

14 commutes daily from his permanent residence to the farm on

15 which he is so employed, and (iii) has been employed in

16 agriculture less than 13 weeks during the preceding

17 calendar year, (D) if such employee (other than an

18 employee described in clause (C) of this subparagraph):

19 (i) is 16 years of age or under and is employed as a hand

20 harvest laborer, is paid on a piece rate basis in an

21 operation which has been, and is customarily and generally

22 recognized as having been, paid on a piece rate basis in

23 the region of employment, (ii) is employed on the same

24 farm as his parent or person standing in the place of his

25 parent, and (iii) is paid at the same piece rate as

26 employees over 16 are paid on the same farm.

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1 (3) (Blank).

2 (4) As an outside salesman.

3 (5) As a member of a religious corporation or

4 organization.

5 (6) At an accredited Illinois college or university

6 employed by the college or university at which he is a

7 student who is covered under the provisions of the Fair

8 Labor Standards Act of 1938, as heretofore or hereafter

9 amended.

10 (7) For a motor carrier and with respect to whom the

11 U.S. Secretary of Transportation has the power to

12 establish qualifications and maximum hours of service

13 under the provisions of Title 49 U.S.C. or the State of

14 Illinois under Section 18b-105 (Title 92 of the Illinois

15 Administrative Code, Part 395 - Hours of Service of

16 Drivers) of the Illinois Vehicle Code.

17 (8) As an employee employed as a player who is 28 years

18 old or younger, a manager, a coach, or an athletic trainer

19 by a minor league professional baseball team not

20 affiliated with a major league baseball club, if (A) the

21 minor league professional baseball team does not operate

22 for more than 7 months in any calendar year or (B) during

23 the preceding calendar year, the minor league professional

24 baseball team's average receipts for any 6-month period of

25 the year were not more than 33 1/3% of its average receipts

26 for the other 6 months of the year.

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1 The above exclusions from the term "employee" may be

2 further defined by regulations of the Director.

3 (e) "Occupation" means an industry, trade, business or

4 class of work in which employees are gainfully employed.

5 (f) "Gratuities" means voluntary monetary contributions to

6 an employee from a guest, patron or customer in connection

7 with services rendered.

8 (g) "Outside salesman" means an employee regularly engaged

9 in making sales or obtaining orders or contracts for services

10 where a major portion of such duties are performed away from

11 his employer's place of business.

12 (h) "Day camp" means a seasonal recreation program in

13 operation for no more than 16 weeks intermittently throughout

14 the calendar year, accommodating for profit or under

15 philanthropic or charitable auspices, 5 or more children under

16 18 years of age, not including overnight programs. The term

17 "day camp" does not include a "child ~~day~~ care agency", "child

18 care facility" or "foster family home" as licensed by the

19 Illinois Department of Children and Family Services.

20 (Source: P.A. 99-758, eff. 1-1-17; 100-192, eff. 8-18-17.)

21 Section 330. The Domestic Workers' Bill of Rights Act is

22 amended by changing Section 10 as follows:

23 (820 ILCS 182/10)

24 Sec. 10. Definitions. As used in this Act:

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1 "Domestic work" means:

2 (1) housekeeping;

3 (2) house cleaning;

4 (3) home management;

5 (4) nanny services including child care ~~childcare~~ and

6 child monitoring;

7 (5) caregiving, personal care or home health services

8 for elderly persons or persons with an illness, injury, or

9 disability who require assistance in caring for

10 themselves;

11 (6) laundering;

12 (7) cooking;

13 (8) companion services;

14 (9) chauffeuring; or

15 (10) other household services for members of

16 households or their guests in or about a private home or

17 residence or any other location where the domestic work is

18 performed.

19 "Domestic worker" means a person employed to perform

20 domestic work. "Domestic worker" does not include: (i) a

21 person performing domestic work who is the employer's parent,

22 spouse, child, or other member of his or her immediate family,

23 exclusive of individuals whose primary work duties are

24 caregiving, companion services, personal care or home health

25 services for elderly persons or persons with an illness,

26 injury, or disability who require assistance in caring for

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1 themselves; (ii) child ~~and day~~ care home providers

2 participating in the child care assistance program under

3 Section 9A-11 of the Illinois Public Aid Code; (iii) a person

4 who is employed by one or more employers in or about a private

5 home or residence or any other location where the domestic

6 work is performed for 8 hours or less in the aggregate in any

7 workweek on a regular basis, exclusive of individuals whose

8 primary work duties are caregiving, companion services,

9 personal care or home health services for elderly persons or

10 persons with an illness, injury, or disability who require

11 assistance in caring for themselves; or (iv) a person who the

12 employer establishes: (A) has been and will continue to be

13 free from control and direction over the performance of his or

14 her work, both under a contract of service and in fact; (B) is

15 engaged in an independently established trade, occupation,

16 profession or business; or (C) is deemed a legitimate sole

17 proprietor or partnership. A sole proprietor or partnership

18 shall be deemed to be legitimate if the employer establishes

19 that:

20 (1) the sole proprietor or partnership is performing

21 the service free from the direction or control over the

22 means and manner of providing the service, subject only to

23 the right of the employer for whom the service is provided

24 to specify the desired result;

25 (2) the sole proprietor or partnership is not subject

26 to cancellation or destruction upon severance of the

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1 relationship with the employer;

2 (3) the sole proprietor or partnership has a

3 substantial investment of capital in the sole

4 proprietorship or partnership beyond ordinary tools and

5 equipment and a personal vehicle;

6 (4) the sole proprietor or partnership owns the

7 capital goods and gains the profits and bears the losses

8 of the sole proprietorship or partnership;

9 (5) the sole proprietor or partnership makes its

10 services available to the general public on a continuing

11 basis;

12 (6) the sole proprietor or partnership includes

13 services rendered on a Federal Income Tax Schedule as an

14 independent business or profession;

15 (7) the sole proprietor or partnership performs

16 services for the contractor under the sole

17 proprietorship's or partnership's name;

18 (8) when the services being provided require a license

19 or permit, the sole proprietor or partnership obtains and

20 pays for the license or permit in the sole

21 proprietorship's or partnership's name;

22 (9) the sole proprietor or partnership furnishes the

23 tools and equipment necessary to provide the service;

24 (10) if necessary, the sole proprietor or partnership

25 hires its own employees without approval of the employer,

26 pays the employees without reimbursement from the employer

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1 and reports the employees' income to the Internal Revenue

2 Service;

3 (11) the employer does not represent the sole

4 proprietorship or partnership as an employee of the

5 employer to the public; and

6 (12) the sole proprietor or partnership has the right

7 to perform similar services for others on whatever basis

8 and whenever it chooses.

9 "Employ" includes to suffer or permit to work.

10 "Employee" means a domestic worker.

11 "Employer" means: any individual; partnership;

12 association; corporation; limited liability company; business

13 trust; employment and labor placement agency where wages are

14 made directly or indirectly by the agency or business for work

15 undertaken by employees under hire to a third party pursuant

16 to a contract between the business or agency with the third

17 party; the State of Illinois and local governments, or any

18 political subdivision of the State or local government, or

19 State or local government agency; for which one or more

20 persons is gainfully employed, express or implied, whether

21 lawfully or unlawfully employed, who employs a domestic worker

22 or who exercises control over the domestic worker's wage,

23 remuneration, or other compensation, hours of employment,

24 place of employment, or working conditions, or whose agent or

25 any other person or group of persons acting directly or

26 indirectly in the interest of an employer in relation to the

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1 employee exercises control over the domestic worker's wage,

2 remuneration or other compensation, hours of employment, place

3 of employment, or working conditions.

4 (Source: P.A. 99-758, eff. 1-1-17.)

5 Section 995. No acceleration or delay. Where this Act

6 makes changes in a statute that is represented in this Act by

7 text that is not yet or no longer in effect (for example, a

8 Section represented by multiple versions), the use of that

9 text does not accelerate or delay the taking effect of (i) the

10 changes made by this Act or (ii) provisions derived from any

11 other Public Act.

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1 INDEX

2 Statutes amended in order of appearance

3 5 ILCS 315/3 from Ch. 48, par. 1603

4 5 ILCS 315/7 from Ch. 48, par. 1607

5 20 ILCS 415/9 from Ch. 127, par. 63b109

6 20 ILCS 505/5 from Ch. 23, par. 5005

7 20 ILCS 505/5a from Ch. 23, par. 5005a

8 20 ILCS 505/5.15

9 20 ILCS 505/21 from Ch. 23, par. 5021

10 20 ILCS 505/22.1 from Ch. 23, par. 5022.1

11 20 ILCS 505/22.4 from Ch. 23, par. 5022.4

12 20 ILCS 605/605-1050

13 20 ILCS 655/8 from Ch. 67 1/2, par. 612

14 20 ILCS 1305/1-75

15 20 ILCS 1305/10-22

16 20 ILCS 1705/57.5

17 20 ILCS 3501/840-5

18 20 ILCS 3510/2 from Ch. 111 1/2, par. 8102

19 30 ILCS 590/2 from Ch. 127, par. 3002

20 30 ILCS 590/3 from Ch. 127, par. 3003

21 30 ILCS 590/4 from Ch. 127, par. 3004

22 30 ILCS 590/5 from Ch. 127, par. 3005

23 35 ILCS 105/2c from Ch. 120, par. 439.2c

24 35 ILCS 115/2c from Ch. 120, par. 439.102c

25 35 ILCS 120/2h from Ch. 120, par. 441h

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1 50 ILCS 350/15

2 55 ILCS 5/4-11001 from Ch. 34, par. 4-11001

3 55 ILCS 5/5-1097.5

4 60 ILCS 1/85-13

5 65 ILCS 5/8-3-18

6 65 ILCS 5/11-5-1.5

7 65 ILCS 5/11-21.5-5

8 65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3

9 65 ILCS 5/11-80-15 from Ch. 24, par. 11-80-15

10 65 ILCS 115/10-8

11 105 ILCS 5/2-3.66 from Ch. 122, par. 2-3.66

12 105 ILCS 5/10-22.18b from Ch. 122, par. 10-22.18b

13 105 ILCS 5/10-22.18c from Ch. 122, par. 10-22.18c

14 105 ILCS 5/34-18.4 from Ch. 122, par. 34-18.4

15 105 ILCS 10/2 from Ch. 122, par. 50-2

16 110 ILCS 305/1d from Ch. 144, par. 22d

17 110 ILCS 520/8b.1 from Ch. 144, par. 658b.1

18 110 ILCS 660/5-95

19 110 ILCS 665/10-95

20 110 ILCS 670/15-95

21 110 ILCS 675/20-95

22 110 ILCS 680/25-95

23 110 ILCS 685/30-95

24 110 ILCS 690/35-95

25 210 ILCS 3/35

26 210 ILCS 46/1-114.001

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1 210 ILCS 47/1-114.001

2 210 ILCS 85/6.13 from Ch. 111 1/2, par. 147.13

3 215 ILCS 5/155.31

4 215 ILCS 5/1204 from Ch. 73, par. 1065.904

5 215 ILCS 5/1630

6 220 ILCS 5/8-103B

7 225 ILCS 10/2.09 from Ch. 23, par. 2212.09

8 225 ILCS 10/2.11 from Ch. 23, par. 2212.11

9 225 ILCS 10/2.18 from Ch. 23, par. 2212.18

10 225 ILCS 10/2.20 from Ch. 23, par. 2212.20

11 225 ILCS 10/3 from Ch. 23, par. 2213

12 225 ILCS 10/4.5

13 225 ILCS 10/5 from Ch. 23, par. 2215

14 225 ILCS 10/5.1 from Ch. 23, par. 2215.1

15 225 ILCS 10/5.3

16 225 ILCS 10/5.5

17 225 ILCS 10/5.6

18 225 ILCS 10/5.8

19 225 ILCS 10/5.9

20 225 ILCS 10/5.10

21 225 ILCS 10/5.11

22 225 ILCS 10/6 from Ch. 23, par. 2216

23 225 ILCS 10/7 from Ch. 23, par. 2217

24 225 ILCS 10/7.10

25 225 ILCS 10/9.1c

26 225 ILCS 10/9.2

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1 225 ILCS 10/12 from Ch. 23, par. 2222

2 225 ILCS 235/2 from Ch. 111 1/2, par. 2202

3 225 ILCS 235/3.03 from Ch. 111 1/2, par. 2203.03

4 225 ILCS 235/3.27

5 225 ILCS 235/10.2 from Ch. 111 1/2, par. 2210.2

6 225 ILCS 235/10.3

7 225 ILCS 235/21.1 from Ch. 111 1/2, par. 2221.1

8 235 ILCS 5/6-15 from Ch. 43, par. 130

9 305 ILCS 5/5-19 from Ch. 23, par. 5-19

10 305 ILCS 5/9-6 from Ch. 23, par. 9-6

11 305 ILCS 5/9A-7 from Ch. 23, par. 9A-7

12 305 ILCS 5/9A-11 from Ch. 23, par. 9A-11

13 325 ILCS 5/2 from Ch. 23, par. 2052

14 325 ILCS 5/4

15 325 ILCS 5/8.2 from Ch. 23, par. 2058.2

16 325 ILCS 50/5 from Ch. 23, par. 2285

17 405 ILCS 5/1-111 from Ch. 91 1/2, par. 1-111

18 410 ILCS 27/5

19 410 ILCS 45/7.1 from Ch. 111 1/2, par. 1307.1

20 410 ILCS 50/3.4

21 410 ILCS 130/105

22 410 ILCS 130/130

23 410 ILCS 170/10

24 410 ILCS 205/3 from Ch. 23, par. 2333

25 410 ILCS 625/3.06

26 415 ILCS 5/17.12

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1 415 ILCS 65/2 from Ch. 5, par. 852

2 415 ILCS 65/3 from Ch. 5, par. 853

3 415 ILCS 65/6 from Ch. 5, par. 856

4 425 ILCS 45/1002 from Ch. 127 1/2, par. 951-2

5 425 ILCS 65/9 from Ch. 127 1/2, par. 709

6 430 ILCS 68/5-20

7 625 ILCS 5/6-205

8 625 ILCS 5/6-206

9 625 ILCS 5/12-707.01 from Ch. 95 1/2, par. 12-707.01

10 720 ILCS 5/2-5.1

11 720 ILCS 5/2-5.2

12 720 ILCS 5/2-8.1

13 720 ILCS 5/11-0.1

14 720 ILCS 5/11-9.3

15 720 ILCS 5/11-24

16 720 ILCS 5/18-1 from Ch. 38, par. 18-1

17 720 ILCS 5/19-1 from Ch. 38, par. 19-1

18 720 ILCS 5/48-1 was 720 ILCS 5/26-5

19 725 ILCS 5/112A-14.5

20 725 ILCS 5/112A-14.7

21 725 ILCS 5/112A-22 from Ch. 38, par. 112A-22

22 725 ILCS 207/40

23 730 ILCS 5/3-2.5-95

24 730 ILCS 5/3-3-7 from Ch. 38, par. 1003-3-7

25 730 ILCS 5/5-5-3.2

26 740 ILCS 21/80

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