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HB3595 Enrolled LRB104 08153 BAB 18201 b
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 (Text of Section before amendment by P.A. 104-118)
8 Sec. 3. Definitions. As used in this Act, unless the
9 context otherwise requires:
10 (a) "Board" means the Illinois Labor Relations Board or,
11 with respect to a matter over which the jurisdiction of the
12 Board is assigned to the State Panel or the Local Panel under
13 Section 5, the panel having jurisdiction over the matter.
14 (b) "Collective bargaining" means bargaining over terms
15 and conditions of employment, including hours, wages, and
16 other conditions of employment, as detailed in Section 7 and
17 which are not excluded by Section 4.
18 (c) "Confidential employee" means an employee who, in the
19 regular course of his or her duties, assists and acts in a
20 confidential capacity to persons who formulate, determine, and
21 effectuate management policies with regard to labor relations
22 or who, in the regular course of his or her duties, has
23 authorized access to information relating to the effectuation
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1 or review of the employer's collective bargaining policies.
2 Determinations of confidential employee status shall be based
3 on actual employee job duties and not solely on written job
4 descriptions.
5 (d) "Craft employees" means skilled journeymen, crafts
6 persons, and their apprentices and helpers.
7 (e) "Essential services employees" means those public
8 employees performing functions so essential that the
9 interruption or termination of the function will constitute a
10 clear and present danger to the health and safety of the
11 persons in the affected community.
12 (f) "Exclusive representative", except with respect to
13 non-State fire fighters and paramedics employed by fire
14 departments and fire protection districts, non-State peace
15 officers, and peace officers in the Illinois State Police,
16 means the labor organization that has been (i) designated by
17 the Board as the representative of a majority of public
18 employees in an appropriate bargaining unit in accordance with
19 the procedures contained in this Act; (ii) historically
20 recognized by the State of Illinois or any political
21 subdivision of the State before July 1, 1984 (the effective
22 date of this Act) as the exclusive representative of the
23 employees in an appropriate bargaining unit; (iii) after July
24 1, 1984 (the effective date of this Act) recognized by an
25 employer upon evidence, acceptable to the Board, that the
26 labor organization has been designated as the exclusive
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1 representative by a majority of the employees in an
2 appropriate bargaining unit; (iv) recognized as the exclusive
3 representative of personal assistants under Executive Order
4 2003-8 prior to July 16, 2003 (the effective date of Public Act
5 93-204), and the organization shall be considered to be the
6 exclusive representative of the personal assistants as defined
7 in this Section; or (v) recognized as the exclusive
8 representative of child and day care home providers, including
9 licensed and license exempt providers, pursuant to an election
10 held under Executive Order 2005-1 prior to January 1, 2006
11 (the effective date of Public Act 94-320), and the
12 organization shall be considered to be the exclusive
13 representative of the child and day care home providers as
14 defined in this Section.
15 With respect to non-State fire fighters and paramedics
16 employed by fire departments and fire protection districts,
17 non-State peace officers, and peace officers in the Illinois
18 State Police, "exclusive representative" means the labor
19 organization that has been (i) designated by the Board as the
20 representative of a majority of peace officers or fire
21 fighters in an appropriate bargaining unit in accordance with
22 the procedures contained in this Act, (ii) historically
23 recognized by the State of Illinois or any political
24 subdivision of the State before January 1, 1986 (the effective
25 date of this amendatory Act of 1985) as the exclusive
26 representative by a majority of the peace officers or fire
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1 fighters in an appropriate bargaining unit, or (iii) after
2 January 1, 1986 (the effective date of this amendatory Act of
3 1985) recognized by an employer upon evidence, acceptable to
4 the Board, that the labor organization has been designated as
5 the exclusive representative by a majority of the peace
6 officers or fire fighters in an appropriate bargaining unit.
7 Where a historical pattern of representation exists for
8 the workers of a water system that was owned by a public
9 utility, as defined in Section 3-105 of the Public Utilities
10 Act, prior to becoming certified employees of a municipality
11 or municipalities once the municipality or municipalities have
12 acquired the water system as authorized in Section 11-124-5 of
13 the Illinois Municipal Code, the Board shall find the labor
14 organization that has historically represented the workers to
15 be the exclusive representative under this Act, and shall find
16 the unit represented by the exclusive representative to be the
17 appropriate unit.
18 (g) "Fair share agreement" means an agreement between the
19 employer and an employee organization under which all or any
20 of the employees in a collective bargaining unit are required
21 to pay their proportionate share of the costs of the
22 collective bargaining process, contract administration, and
23 pursuing matters affecting wages, hours, and other conditions
24 of employment, but not to exceed the amount of dues uniformly
25 required of members. The amount certified by the exclusive
26 representative shall not include any fees for contributions
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1 related to the election or support of any candidate for
2 political office. Nothing in this subsection (g) shall
3 preclude an employee from making voluntary political
4 contributions in conjunction with his or her fair share
5 payment.
6 (g-1) "Fire fighter" means, for the purposes of this Act
7 only, any person who has been or is hereafter appointed to a
8 fire department or fire protection district or employed by a
9 state university and sworn or commissioned to perform fire
10 fighter duties or paramedic duties, including paramedics
11 employed by a unit of local government, except that the
12 following persons are not included: part-time fire fighters,
13 auxiliary, reserve or voluntary fire fighters, including paid
14 on-call fire fighters, clerks and dispatchers or other
15 civilian employees of a fire department or fire protection
16 district who are not routinely expected to perform fire
17 fighter duties, or elected officials.
18 (g-2) "General Assembly of the State of Illinois" means
19 the legislative branch of the government of the State of
20 Illinois, as provided for under Article IV of the Constitution
21 of the State of Illinois, and includes, but is not limited to,
22 the House of Representatives, the Senate, the Speaker of the
23 House of Representatives, the Minority Leader of the House of
24 Representatives, the President of the Senate, the Minority
25 Leader of the Senate, the Joint Committee on Legislative
26 Support Services, and any legislative support services agency
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1 listed in the Legislative Commission Reorganization Act of
2 1984.
3 (h) "Governing body" means, in the case of the State, the
4 State Panel of the Illinois Labor Relations Board, the
5 Director of the Department of Central Management Services, and
6 the Director of the Department of Labor; the county board in
7 the case of a county; the corporate authorities in the case of
8 a municipality; and the appropriate body authorized to provide
9 for expenditures of its funds in the case of any other unit of
10 government.
11 (i) "Labor organization" means any organization in which
12 public employees participate and that exists for the purpose,
13 in whole or in part, of dealing with a public employer
14 concerning wages, hours, and other terms and conditions of
15 employment, including the settlement of grievances.
16 (i-5) "Legislative liaison" means a person who is an
17 employee of a State agency, the Attorney General, the
18 Secretary of State, the Comptroller, or the Treasurer, as the
19 case may be, and whose job duties require the person to
20 regularly communicate in the course of his or her employment
21 with any official or staff of the General Assembly of the State
22 of Illinois for the purpose of influencing any legislative
23 action.
24 (j) "Managerial employee" means an individual who is
25 engaged predominantly in executive and management functions
26 and is charged with the responsibility of directing the
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1 effectuation of management policies and practices.
2 Determination of managerial employee status shall be based on
3 actual employee job duties and not solely on written job
4 descriptions. With respect only to State employees in
5 positions under the jurisdiction of the Attorney General,
6 Secretary of State, Comptroller, or Treasurer (i) that were
7 certified in a bargaining unit on or after December 2, 2008,
8 (ii) for which a petition is filed with the Illinois Public
9 Labor Relations Board on or after April 5, 2013 (the effective
10 date of Public Act 97-1172), or (iii) for which a petition is
11 pending before the Illinois Public Labor Relations Board on
12 that date, "managerial employee" means an individual who is
13 engaged in executive and management functions or who is
14 charged with the effectuation of management policies and
15 practices or who represents management interests by taking or
16 recommending discretionary actions that effectively control or
17 implement policy. Nothing in this definition prohibits an
18 individual from also meeting the definition of "supervisor"
19 under subsection (r) of this Section.
20 (k) "Peace officer" means, for the purposes of this Act
21 only, any persons who have been or are hereafter appointed to a
22 police force, department, or agency and sworn or commissioned
23 to perform police duties, except that the following persons
24 are not included: part-time police officers, special police
25 officers, auxiliary police as defined by Section 3.1-30-20 of
26 the Illinois Municipal Code, night watchmen, "merchant
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1 police", court security officers as defined by Section
2 3-6012.1 of the Counties Code, temporary employees, traffic
3 guards or wardens, civilian parking meter and parking
4 facilities personnel or other individuals specially appointed
5 to aid or direct traffic at or near schools or public functions
6 or to aid in civil defense or disaster, parking enforcement
7 employees who are not commissioned as peace officers and who
8 are not armed and who are not routinely expected to effect
9 arrests, parking lot attendants, clerks and dispatchers or
10 other civilian employees of a police department who are not
11 routinely expected to effect arrests, or elected officials.
12 (l) "Person" includes one or more individuals, labor
13 organizations, public employees, associations, corporations,
14 legal representatives, trustees, trustees in bankruptcy,
15 receivers, or the State of Illinois or any political
16 subdivision of the State or governing body, but does not
17 include the General Assembly of the State of Illinois or any
18 individual employed by the General Assembly of the State of
19 Illinois.
20 (m) "Professional employee" means any employee engaged in
21 work predominantly intellectual and varied in character rather
22 than routine mental, manual, mechanical or physical work;
23 involving the consistent exercise of discretion and adjustment
24 in its performance; of such a character that the output
25 produced or the result accomplished cannot be standardized in
26 relation to a given period of time; and requiring advanced
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1 knowledge in a field of science or learning customarily
2 acquired by a prolonged course of specialized intellectual
3 instruction and study in an institution of higher learning or
4 a hospital, as distinguished from a general academic education
5 or from apprenticeship or from training in the performance of
6 routine mental, manual, or physical processes; or any employee
7 who has completed the courses of specialized intellectual
8 instruction and study prescribed in this subsection (m) and is
9 performing related work under the supervision of a
10 professional person to qualify to become a professional
11 employee as defined in this subsection (m).
12 (n) "Public employee" or "employee", for the purposes of
13 this Act, means any individual employed by a public employer,
14 including (i) interns and residents at public hospitals, (ii)
15 as of July 16, 2003 (the effective date of Public Act 93-204),
16 but not before, personal assistants working under the Home
17 Services Program under Section 3 of the Rehabilitation of
18 Persons with Disabilities Act, subject to the limitations set
19 forth in this Act and in the Rehabilitation of Persons with
20 Disabilities Act, (iii) as of January 1, 2006 (the effective
21 date of Public Act 94-320), but not before, child and day care
22 home providers participating in the child care assistance
23 program under Section 9A-11 of the Illinois Public Aid Code,
24 subject to the limitations set forth in this Act and in Section
25 9A-11 of the Illinois Public Aid Code, (iv) as of January 29,
26 2013 (the effective date of Public Act 97-1158), but not
HB3595 Enrolled - 10 - LRB104 08153 BAB 18201 b
1 before except as otherwise provided in this subsection (n),
2 home care and home health workers who function as personal
3 assistants and individual maintenance home health workers and
4 who also work under the Home Services Program under Section 3
5 of the Rehabilitation of Persons with Disabilities Act, no
6 matter whether the State provides those services through
7 direct fee-for-service arrangements, with the assistance of a
8 managed care organization or other intermediary, or otherwise,
9 (v) beginning on July 19, 2013 (the effective date of Public
10 Act 98-100) and notwithstanding any other provision of this
11 Act, any person employed by a public employer and who is
12 classified as or who holds the employment title of Chief
13 Stationary Engineer, Assistant Chief Stationary Engineer,
14 Sewage Plant Operator, Water Plant Operator, Stationary
15 Engineer, Plant Operating Engineer, and any other employee who
16 holds the position of: Civil Engineer V, Civil Engineer VI,
17 Civil Engineer VII, Technical Manager I, Technical Manager II,
18 Technical Manager III, Technical Manager IV, Technical Manager
19 V, Technical Manager VI, Realty Specialist III, Realty
20 Specialist IV, Realty Specialist V, Technical Advisor I,
21 Technical Advisor II, Technical Advisor III, Technical Advisor
22 IV, or Technical Advisor V employed by the Department of
23 Transportation who is in a position which is certified in a
24 bargaining unit on or before July 19, 2013 (the effective date
25 of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
26 effective date of Public Act 98-100) and notwithstanding any
HB3595 Enrolled - 11 - LRB104 08153 BAB 18201 b
1 other provision of this Act, any mental health administrator
2 in the Department of Corrections who is classified as or who
3 holds the position of Public Service Administrator (Option
4 8K), any employee of the Office of the Inspector General in the
5 Department of Human Services who is classified as or who holds
6 the position of Public Service Administrator (Option 7), any
7 Deputy of Intelligence in the Department of Corrections who is
8 classified as or who holds the position of Public Service
9 Administrator (Option 7), and any employee of the Illinois
10 State Police who handles issues concerning the Illinois State
11 Police Sex Offender Registry and who is classified as or holds
12 the position of Public Service Administrator (Option 7), but
13 excluding all of the following: employees of the General
14 Assembly of the State of Illinois; elected officials;
15 executive heads of a department; members of boards or
16 commissions; the Executive Inspectors General; any special
17 Executive Inspectors General; employees of each Office of an
18 Executive Inspector General; commissioners and employees of
19 the Executive Ethics Commission; the Auditor General's
20 Inspector General; employees of the Office of the Auditor
21 General's Inspector General; the Legislative Inspector
22 General; any special Legislative Inspectors General; employees
23 of the Office of the Legislative Inspector General;
24 commissioners and employees of the Legislative Ethics
25 Commission; employees of any agency, board or commission
26 created by this Act; employees appointed to State positions of
HB3595 Enrolled - 12 - LRB104 08153 BAB 18201 b
1 a temporary or emergency nature; all employees of school
2 districts and higher education institutions except
3 firefighters and peace officers employed by a state university
4 and except peace officers employed by a school district in its
5 own police department in existence on July 23, 2010 (the
6 effective date of Public Act 96-1257); managerial employees;
7 short-term employees; legislative liaisons; a person who is a
8 State employee under the jurisdiction of the Office of the
9 Attorney General who is licensed to practice law or whose
10 position authorizes, either directly or indirectly, meaningful
11 input into government decision-making on issues where there is
12 room for principled disagreement on goals or their
13 implementation; a person who is a State employee under the
14 jurisdiction of the Office of the Comptroller who holds the
15 position of Public Service Administrator or whose position is
16 otherwise exempt under the Comptroller Merit Employment Code;
17 a person who is a State employee under the jurisdiction of the
18 Secretary of State who holds the position classification of
19 Executive I or higher, whose position authorizes, either
20 directly or indirectly, meaningful input into government
21 decision-making on issues where there is room for principled
22 disagreement on goals or their implementation, or who is
23 otherwise exempt under the Secretary of State Merit Employment
24 Code; employees in the Office of the Secretary of State who are
25 completely exempt from jurisdiction B of the Secretary of
26 State Merit Employment Code and who are in Rutan-exempt
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1 positions on or after April 5, 2013 (the effective date of
2 Public Act 97-1172); a person who is a State employee under the
3 jurisdiction of the Treasurer who holds a position that is
4 exempt from the State Treasurer Employment Code; any employee
5 of a State agency who (i) holds the title or position of, or
6 exercises substantially similar duties as a legislative
7 liaison, Agency General Counsel, Agency Chief of Staff, Agency
8 Executive Director, Agency Deputy Director, Agency Chief
9 Fiscal Officer, Agency Human Resources Director, Public
10 Information Officer, or Chief Information Officer and (ii) was
11 neither included in a bargaining unit nor subject to an active
12 petition for certification in a bargaining unit; any employee
13 of a State agency who (i) is in a position that is
14 Rutan-exempt, as designated by the employer, and completely
15 exempt from jurisdiction B of the Personnel Code and (ii) was
16 neither included in a bargaining unit nor subject to an active
17 petition for certification in a bargaining unit; any term
18 appointed employee of a State agency pursuant to Section 8b.18
19 or 8b.19 of the Personnel Code who was neither included in a
20 bargaining unit nor subject to an active petition for
21 certification in a bargaining unit; any employment position
22 properly designated pursuant to Section 6.1 of this Act;
23 confidential employees; independent contractors; and
24 supervisors except as provided in this Act.
25 Home care and home health workers who function as personal
26 assistants and individual maintenance home health workers and
HB3595 Enrolled - 14 - LRB104 08153 BAB 18201 b
1 who also work under the Home Services Program under Section 3
2 of the Rehabilitation of Persons with Disabilities Act shall
3 not be considered public employees for any purposes not
4 specifically provided for in Public Act 93-204 or Public Act
5 97-1158, including, but not limited to, purposes of vicarious
6 liability in tort and purposes of statutory retirement or
7 health insurance benefits. Home care and home health workers
8 who function as personal assistants and individual maintenance
9 home health workers and who also work under the Home Services
10 Program under Section 3 of the Rehabilitation of Persons with
11 Disabilities Act shall not be covered by the State Employees
12 Group Insurance Act of 1971.
13 Child and day care home providers shall not be considered
14 public employees for any purposes not specifically provided
15 for in Public Act 94-320, including, but not limited to,
16 purposes of vicarious liability in tort and purposes of
17 statutory retirement or health insurance benefits. Child and
18 day care home providers shall not be covered by the State
19 Employees Group Insurance Act of 1971.
20 Notwithstanding Section 9, subsection (c), or any other
21 provisions of this Act, all peace officers above the rank of
22 captain in municipalities with more than 1,000,000 inhabitants
23 shall be excluded from this Act.
24 (o) Except as otherwise in subsection (o-5), "public
25 employer" or "employer" means the State of Illinois; any
26 political subdivision of the State, unit of local government
HB3595 Enrolled - 15 - LRB104 08153 BAB 18201 b
1 or school district; authorities including departments,
2 divisions, bureaus, boards, commissions, or other agencies of
3 the foregoing entities; and any person acting within the scope
4 of his or her authority, express or implied, on behalf of those
5 entities in dealing with its employees. As of July 16, 2003
6 (the effective date of Public Act 93-204), but not before, the
7 State of Illinois shall be considered the employer of the
8 personal assistants working under the Home Services Program
9 under Section 3 of the Rehabilitation of Persons with
10 Disabilities Act, subject to the limitations set forth in this
11 Act and in the Rehabilitation of Persons with Disabilities
12 Act. As of January 29, 2013 (the effective date of Public Act
13 97-1158), but not before except as otherwise provided in this
14 subsection (o), the State shall be considered the employer of
15 home care and home health workers who function as personal
16 assistants and individual maintenance home health workers and
17 who also work under the Home Services Program under Section 3
18 of the Rehabilitation of Persons with Disabilities Act, no
19 matter whether the State provides those services through
20 direct fee-for-service arrangements, with the assistance of a
21 managed care organization or other intermediary, or otherwise,
22 but subject to the limitations set forth in this Act and the
23 Rehabilitation of Persons with Disabilities Act. The State
24 shall not be considered to be the employer of home care and
25 home health workers who function as personal assistants and
26 individual maintenance home health workers and who also work
HB3595 Enrolled - 16 - LRB104 08153 BAB 18201 b
1 under the Home Services Program under Section 3 of the
2 Rehabilitation of Persons with Disabilities Act, for any
3 purposes not specifically provided for in Public Act 93-204 or
4 Public Act 97-1158, including but not limited to, purposes of
5 vicarious liability in tort and purposes of statutory
6 retirement or health insurance benefits. Home care and home
7 health workers who function as personal assistants and
8 individual maintenance home health workers and who also work
9 under the Home Services Program under Section 3 of the
10 Rehabilitation of Persons with Disabilities Act shall not be
11 covered by the State Employees Group Insurance Act of 1971. As
12 of January 1, 2006 (the effective date of Public Act 94-320),
13 but not before, the State of Illinois shall be considered the
14 employer of the day and child care home providers
15 participating in the child care assistance program under
16 Section 9A-11 of the Illinois Public Aid Code, subject to the
17 limitations set forth in this Act and in Section 9A-11 of the
18 Illinois Public Aid Code. The State shall not be considered to
19 be the employer of child and day care home providers for any
20 purposes not specifically provided for in Public Act 94-320,
21 including, but not limited to, purposes of vicarious liability
22 in tort and purposes of statutory retirement or health
23 insurance benefits. Child and day care home providers shall
24 not be covered by the State Employees Group Insurance Act of
25 1971.
26 "Public employer" or "employer" as used in this Act,
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1 however, does not mean and shall not include the General
2 Assembly of the State of Illinois, the Executive Ethics
3 Commission, the Offices of the Executive Inspectors General,
4 the Legislative Ethics Commission, the Office of the
5 Legislative Inspector General, the Office of the Auditor
6 General's Inspector General, the Office of the Governor, the
7 Governor's Office of Management and Budget, the Illinois
8 Finance Authority, the Office of the Lieutenant Governor, the
9 State Board of Elections, and educational employers or
10 employers as defined in the Illinois Educational Labor
11 Relations Act, except with respect to a state university in
12 its employment of firefighters and peace officers and except
13 with respect to a school district in the employment of peace
14 officers in its own police department in existence on July 23,
15 2010 (the effective date of Public Act 96-1257). County boards
16 and county sheriffs shall be designated as joint or
17 co-employers of county peace officers appointed under the
18 authority of a county sheriff. Nothing in this subsection (o)
19 shall be construed to prevent the State Panel or the Local
20 Panel from determining that employers are joint or
21 co-employers.
22 (o-5) With respect to wages, fringe benefits, hours,
23 holidays, vacations, proficiency examinations, sick leave, and
24 other conditions of employment, the public employer of public
25 employees who are court reporters, as defined in the Court
26 Reporters Act, shall be determined as follows:
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1 (1) For court reporters employed by the Cook County
2 Judicial Circuit, the chief judge of the Cook County
3 Circuit Court is the public employer and employer
4 representative.
5 (2) For court reporters employed by the 12th, 18th,
6 19th, and, on and after December 4, 2006, the 22nd
7 judicial circuits, a group consisting of the chief judges
8 of those circuits, acting jointly by majority vote, is the
9 public employer and employer representative.
10 (3) For court reporters employed by all other judicial
11 circuits, a group consisting of the chief judges of those
12 circuits, acting jointly by majority vote, is the public
13 employer and employer representative.
14 (p) "Security employee" means an employee who is
15 responsible for the supervision and control of inmates at
16 correctional facilities. The term also includes other
17 non-security employees in bargaining units having the majority
18 of employees being responsible for the supervision and control
19 of inmates at correctional facilities.
20 (q) "Short-term employee" means an employee who is
21 employed for less than 2 consecutive calendar quarters during
22 a calendar year and who does not have a reasonable assurance
23 that he or she will be rehired by the same employer for the
24 same service in a subsequent calendar year.
25 (q-5) "State agency" means an agency directly responsible
26 to the Governor, as defined in Section 3.1 of the Executive
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1 Reorganization Implementation Act, and the Illinois Commerce
2 Commission, the Illinois Workers' Compensation Commission, the
3 Civil Service Commission, the Pollution Control Board, the
4 Illinois Racing Board, and the Illinois State Police Merit
5 Board.
6 (r) "Supervisor" is:
7 (1) An employee whose principal work is substantially
8 different from that of his or her subordinates and who has
9 authority, in the interest of the employer, to hire,
10 transfer, suspend, lay off, recall, promote, discharge,
11 direct, reward, or discipline employees, to adjust their
12 grievances, or to effectively recommend any of those
13 actions, if the exercise of that authority is not of a
14 merely routine or clerical nature, but requires the
15 consistent use of independent judgment. Except with
16 respect to police employment, the term "supervisor"
17 includes only those individuals who devote a preponderance
18 of their employment time to exercising that authority,
19 State supervisors notwithstanding. Determinations of
20 supervisor status shall be based on actual employee job
21 duties and not solely on written job descriptions. Nothing
22 in this definition prohibits an individual from also
23 meeting the definition of "managerial employee" under
24 subsection (j) of this Section. In addition, in
25 determining supervisory status in police employment, rank
26 shall not be determinative. The Board shall consider, as
HB3595 Enrolled - 20 - LRB104 08153 BAB 18201 b
1 evidence of bargaining unit inclusion or exclusion, the
2 common law enforcement policies and relationships between
3 police officer ranks and certification under applicable
4 civil service law, ordinances, personnel codes, or
5 Division 2.1 of Article 10 of the Illinois Municipal Code,
6 but these factors shall not be the sole or predominant
7 factors considered by the Board in determining police
8 supervisory status.
9 Notwithstanding the provisions of the preceding
10 paragraph, in determining supervisory status in fire
11 fighter employment, no fire fighter shall be excluded as a
12 supervisor who has established representation rights under
13 Section 9 of this Act. Further, in fire fighter units,
14 employees shall consist of fire fighters of the highest
15 rank of company officer and below. A company officer may
16 be responsible for multiple companies or apparatus on a
17 shift, multiple stations, or an entire shift. There may be
18 more than one company officer per shift. If a company
19 officer otherwise qualifies as a supervisor under the
20 preceding paragraph, however, he or she shall not be
21 included in the fire fighter unit. If there is no rank
22 between that of chief and the highest company officer, the
23 employer may designate a position on each shift as a Shift
24 Commander, and the persons occupying those positions shall
25 be supervisors. All other ranks above that of the highest
26 company officer shall be supervisors.
HB3595 Enrolled - 21 - LRB104 08153 BAB 18201 b
1 (2) With respect only to State employees in positions
2 under the jurisdiction of the Attorney General, Secretary
3 of State, Comptroller, or Treasurer (i) that were
4 certified in a bargaining unit on or after December 2,
5 2008, (ii) for which a petition is filed with the Illinois
6 Public Labor Relations Board on or after April 5, 2013
7 (the effective date of Public Act 97-1172), or (iii) for
8 which a petition is pending before the Illinois Public
9 Labor Relations Board on that date, an employee who
10 qualifies as a supervisor under (A) Section 152 of the
11 National Labor Relations Act and (B) orders of the
12 National Labor Relations Board interpreting that provision
13 or decisions of courts reviewing decisions of the National
14 Labor Relations Board.
15 (s)(1) "Unit" means a class of jobs or positions that are
16 held by employees whose collective interests may suitably be
17 represented by a labor organization for collective bargaining.
18 Except with respect to non-State fire fighters and paramedics
19 employed by fire departments and fire protection districts,
20 non-State peace officers, and peace officers in the Illinois
21 State Police, a bargaining unit determined by the Board shall
22 not include both employees and supervisors, or supervisors
23 only, except as provided in paragraph (2) of this subsection
24 (s) and except for bargaining units in existence on July 1,
25 1984 (the effective date of this Act). With respect to
26 non-State fire fighters and paramedics employed by fire
HB3595 Enrolled - 22 - LRB104 08153 BAB 18201 b
1 departments and fire protection districts, non-State peace
2 officers, and peace officers in the Illinois State Police, a
3 bargaining unit determined by the Board shall not include both
4 supervisors and nonsupervisors, or supervisors only, except as
5 provided in paragraph (2) of this subsection (s) and except
6 for bargaining units in existence on January 1, 1986 (the
7 effective date of this amendatory Act of 1985). A bargaining
8 unit determined by the Board to contain peace officers shall
9 contain no employees other than peace officers unless
10 otherwise agreed to by the employer and the labor organization
11 or labor organizations involved. Notwithstanding any other
12 provision of this Act, a bargaining unit, including a
13 historical bargaining unit, containing sworn peace officers of
14 the Department of Natural Resources (formerly designated the
15 Department of Conservation) shall contain no employees other
16 than such sworn peace officers upon the effective date of this
17 amendatory Act of 1990 or upon the expiration date of any
18 collective bargaining agreement in effect upon the effective
19 date of this amendatory Act of 1990 covering both such sworn
20 peace officers and other employees.
21 (2) Notwithstanding the exclusion of supervisors from
22 bargaining units as provided in paragraph (1) of this
23 subsection (s), a public employer may agree to permit its
24 supervisory employees to form bargaining units and may bargain
25 with those units. This Act shall apply if the public employer
26 chooses to bargain under this subsection.
HB3595 Enrolled - 23 - LRB104 08153 BAB 18201 b
1 (3) Public employees who are court reporters, as defined
2 in the Court Reporters Act, shall be divided into 3 units for
3 collective bargaining purposes. One unit shall be court
4 reporters employed by the Cook County Judicial Circuit; one
5 unit shall be court reporters employed by the 12th, 18th,
6 19th, and, on and after December 4, 2006, the 22nd judicial
7 circuits; and one unit shall be court reporters employed by
8 all other judicial circuits.
9 (t) "Active petition for certification in a bargaining
10 unit" means a petition for certification filed with the Board
11 under one of the following case numbers: S-RC-11-110;
12 S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
13 S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
14 S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
15 S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
16 S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
17 S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
18 S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
19 S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
20 S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
21 S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
22 S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
23 S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
24 S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
25 S-RC-07-100.
26 (Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
HB3595 Enrolled - 24 - LRB104 08153 BAB 18201 b
1 102-686, eff. 6-1-22; 102-813, eff. 5-13-22; 103-154, eff.
2 6-30-23.)
3 (Text of Section after amendment by P.A. 104-118)
4 Sec. 3. Definitions. As used in this Act, unless the
5 context otherwise requires:
6 (a) "Board" means the Illinois Labor Relations Board or,
7 with respect to a matter over which the jurisdiction of the
8 Board is assigned to the State Panel or the Local Panel under
9 Section 5, the panel having jurisdiction over the matter.
10 (b) "Collective bargaining" means bargaining over terms
11 and conditions of employment, including hours, wages, and
12 other conditions of employment, as detailed in Section 7 and
13 which are not excluded by Section 4.
14 (c) "Confidential employee" means an employee who, in the
15 regular course of his or her duties, assists and acts in a
16 confidential capacity to persons who formulate, determine, and
17 effectuate management policies with regard to labor relations
18 or who, in the regular course of his or her duties, has
19 authorized access to information relating to the effectuation
20 or review of the employer's collective bargaining policies.
21 Determinations of confidential employee status shall be based
22 on actual employee job duties and not solely on written job
23 descriptions.
24 (d) "Craft employees" means skilled journeymen, crafts
25 persons, and their apprentices and helpers.
HB3595 Enrolled - 25 - LRB104 08153 BAB 18201 b
1 (e) "Essential services employees" means those public
2 employees performing functions so essential that the
3 interruption or termination of the function will constitute a
4 clear and present danger to the health and safety of the
5 persons in the affected community.
6 (f) "Exclusive representative", except with respect to
7 non-State fire fighters and paramedics employed by fire
8 departments and fire protection districts, non-State peace
9 officers, and peace officers in the Illinois State Police,
10 means the labor organization that has been (i) designated by
11 the Board as the representative of a majority of public
12 employees in an appropriate bargaining unit in accordance with
13 the procedures contained in this Act; (ii) historically
14 recognized by the State of Illinois or any political
15 subdivision of the State before July 1, 1984 (the effective
16 date of this Act) as the exclusive representative of the
17 employees in an appropriate bargaining unit; (iii) after July
18 1, 1984 (the effective date of this Act) recognized by an
19 employer upon evidence, acceptable to the Board, that the
20 labor organization has been designated as the exclusive
21 representative by a majority of the employees in an
22 appropriate bargaining unit; (iv) recognized as the exclusive
23 representative of personal assistants under Executive Order
24 2003-8 prior to July 16, 2003 (the effective date of Public Act
25 93-204), and the organization shall be considered to be the
26 exclusive representative of the personal assistants as defined
HB3595 Enrolled - 26 - LRB104 08153 BAB 18201 b
1 in this Section; or (v) recognized as the exclusive
2 representative of early care and education child and day care
3 home providers, including licensed and license exempt
4 providers, pursuant to an election held under Executive Order
5 2005-1 prior to January 1, 2006 (the effective date of Public
6 Act 94-320), and the organization shall be considered to be
7 the exclusive representative of the early care and education
8 child and day care home providers as defined in this Section.
9 With respect to non-State fire fighters and paramedics
10 employed by fire departments and fire protection districts,
11 non-State peace officers, and peace officers in the Illinois
12 State Police, "exclusive representative" means the labor
13 organization that has been (i) designated by the Board as the
14 representative of a majority of peace officers or fire
15 fighters in an appropriate bargaining unit in accordance with
16 the procedures contained in this Act, (ii) historically
17 recognized by the State of Illinois or any political
18 subdivision of the State before January 1, 1986 (the effective
19 date of this amendatory Act of 1985) as the exclusive
20 representative by a majority of the peace officers or fire
21 fighters in an appropriate bargaining unit, or (iii) after
22 January 1, 1986 (the effective date of this amendatory Act of
23 1985) recognized by an employer upon evidence, acceptable to
24 the Board, that the labor organization has been designated as
25 the exclusive representative by a majority of the peace
26 officers or fire fighters in an appropriate bargaining unit.
HB3595 Enrolled - 27 - LRB104 08153 BAB 18201 b
1 Where a historical pattern of representation exists for
2 the workers of a water system that was owned by a public
3 utility, as defined in Section 3-105 of the Public Utilities
4 Act, prior to becoming certified employees of a municipality
5 or municipalities once the municipality or municipalities have
6 acquired the water system as authorized in Section 11-124-5 of
7 the Illinois Municipal Code, the Board shall find the labor
8 organization that has historically represented the workers to
9 be the exclusive representative under this Act, and shall find
10 the unit represented by the exclusive representative to be the
11 appropriate unit.
12 (g) "Fair share agreement" means an agreement between the
13 employer and an employee organization under which all or any
14 of the employees in a collective bargaining unit are required
15 to pay their proportionate share of the costs of the
16 collective bargaining process, contract administration, and
17 pursuing matters affecting wages, hours, and other conditions
18 of employment, but not to exceed the amount of dues uniformly
19 required of members. The amount certified by the exclusive
20 representative shall not include any fees for contributions
21 related to the election or support of any candidate for
22 political office. Nothing in this subsection (g) shall
23 preclude an employee from making voluntary political
24 contributions in conjunction with his or her fair share
25 payment.
26 (g-1) "Fire fighter" means, for the purposes of this Act
HB3595 Enrolled - 28 - LRB104 08153 BAB 18201 b
1 only, any person who has been or is hereafter appointed to a
2 fire department or fire protection district or employed by a
3 state university and sworn or commissioned to perform fire
4 fighter duties or paramedic duties, including paramedics
5 employed by a unit of local government, except that the
6 following persons are not included: part-time fire fighters,
7 auxiliary, reserve or voluntary fire fighters, including paid
8 on-call fire fighters, clerks and dispatchers or other
9 civilian employees of a fire department or fire protection
10 district who are not routinely expected to perform fire
11 fighter duties, or elected officials.
12 (g-2) "General Assembly of the State of Illinois" means
13 the legislative branch of the government of the State of
14 Illinois, as provided for under Article IV of the Constitution
15 of the State of Illinois, and includes, but is not limited to,
16 the House of Representatives, the Senate, the Speaker of the
17 House of Representatives, the Minority Leader of the House of
18 Representatives, the President of the Senate, the Minority
19 Leader of the Senate, the Joint Committee on Legislative
20 Support Services, and any legislative support services agency
21 listed in the Legislative Commission Reorganization Act of
22 1984.
23 (h) "Governing body" means, in the case of the State, the
24 State Panel of the Illinois Labor Relations Board, the
25 Director of the Department of Central Management Services, and
26 the Director of the Department of Labor; the county board in
HB3595 Enrolled - 29 - LRB104 08153 BAB 18201 b
1 the case of a county; the corporate authorities in the case of
2 a municipality; and the appropriate body authorized to provide
3 for expenditures of its funds in the case of any other unit of
4 government.
5 (i) "Labor organization" means any organization in which
6 public employees participate and that exists for the purpose,
7 in whole or in part, of dealing with a public employer
8 concerning wages, hours, and other terms and conditions of
9 employment, including the settlement of grievances.
10 (i-5) "Legislative liaison" means a person who is an
11 employee of a State agency, the Attorney General, the
12 Secretary of State, the Comptroller, or the Treasurer, as the
13 case may be, and whose job duties require the person to
14 regularly communicate in the course of his or her employment
15 with any official or staff of the General Assembly of the State
16 of Illinois for the purpose of influencing any legislative
17 action.
18 (j) "Managerial employee" means an individual who is
19 engaged predominantly in executive and management functions
20 and is charged with the responsibility of directing the
21 effectuation of management policies and practices.
22 Determination of managerial employee status shall be based on
23 actual employee job duties and not solely on written job
24 descriptions. With respect only to State employees in
25 positions under the jurisdiction of the Attorney General,
26 Secretary of State, Comptroller, or Treasurer (i) that were
HB3595 Enrolled - 30 - LRB104 08153 BAB 18201 b
1 certified in a bargaining unit on or after December 2, 2008,
2 (ii) for which a petition is filed with the Illinois Public
3 Labor Relations Board on or after April 5, 2013 (the effective
4 date of Public Act 97-1172), or (iii) for which a petition is
5 pending before the Illinois Public Labor Relations Board on
6 that date, "managerial employee" means an individual who is
7 engaged in executive and management functions or who is
8 charged with the effectuation of management policies and
9 practices or who represents management interests by taking or
10 recommending discretionary actions that effectively control or
11 implement policy. On and after the effective date of this
12 amendatory Act of the 104th General Assembly, "managerial
13 employee" includes the individual designated or appointed by a
14 sheriff as the undersheriff or chief deputy to fill a vacancy
15 under Section 3-3010 of the Counties Code and the individual
16 serving as the superintendent of the jail under Section 3 of
17 the County Jail Act, unless the sheriff and the relevant union
18 have mutually agreed otherwise or the individual is already
19 otherwise recognized under subsection (c) of Section 9 or any
20 other provision of this Act. Nothing in this definition
21 prohibits an individual from also meeting the definition of
22 "supervisor" under subsection (r) of this Section.
23 (k) "Peace officer" means, for the purposes of this Act
24 only, any persons who have been or are hereafter appointed to a
25 police force, department, or agency and sworn or commissioned
26 to perform police duties, except that the following persons
HB3595 Enrolled - 31 - LRB104 08153 BAB 18201 b
1 are not included: part-time police officers, special police
2 officers, auxiliary police as defined by Section 3.1-30-20 of
3 the Illinois Municipal Code, night watchmen, "merchant
4 police", court security officers as defined by Section
5 3-6012.1 of the Counties Code, temporary employees, traffic
6 guards or wardens, civilian parking meter and parking
7 facilities personnel or other individuals specially appointed
8 to aid or direct traffic at or near schools or public functions
9 or to aid in civil defense or disaster, parking enforcement
10 employees who are not commissioned as peace officers and who
11 are not armed and who are not routinely expected to effect
12 arrests, parking lot attendants, clerks and dispatchers or
13 other civilian employees of a police department who are not
14 routinely expected to effect arrests, or elected officials.
15 (l) "Person" includes one or more individuals, labor
16 organizations, public employees, associations, corporations,
17 legal representatives, trustees, trustees in bankruptcy,
18 receivers, or the State of Illinois or any political
19 subdivision of the State or governing body, but does not
20 include the General Assembly of the State of Illinois or any
21 individual employed by the General Assembly of the State of
22 Illinois.
23 (m) "Professional employee" means any employee engaged in
24 work predominantly intellectual and varied in character rather
25 than routine mental, manual, mechanical or physical work;
26 involving the consistent exercise of discretion and adjustment
HB3595 Enrolled - 32 - LRB104 08153 BAB 18201 b
1 in its performance; of such a character that the output
2 produced or the result accomplished cannot be standardized in
3 relation to a given period of time; and requiring advanced
4 knowledge in a field of science or learning customarily
5 acquired by a prolonged course of specialized intellectual
6 instruction and study in an institution of higher learning or
7 a hospital, as distinguished from a general academic education
8 or from apprenticeship or from training in the performance of
9 routine mental, manual, or physical processes; or any employee
10 who has completed the courses of specialized intellectual
11 instruction and study prescribed in this subsection (m) and is
12 performing related work under the supervision of a
13 professional person to qualify to become a professional
14 employee as defined in this subsection (m).
15 (n) "Public employee" or "employee", for the purposes of
16 this Act, means any individual employed by a public employer,
17 including (i) interns and residents at public hospitals, (ii)
18 as of July 16, 2003 (the effective date of Public Act 93-204),
19 but not before, personal assistants working under the Home
20 Services Program under Section 3 of the Rehabilitation of
21 Persons with Disabilities Act, subject to the limitations set
22 forth in this Act and in the Rehabilitation of Persons with
23 Disabilities Act, (iii) as of January 1, 2006 (the effective
24 date of Public Act 94-320), but not before, early care and
25 education child and day care home providers participating in
26 the child care assistance program under Section 9A-11 of the
HB3595 Enrolled - 33 - LRB104 08153 BAB 18201 b
1 Illinois Public Aid Code, subject to the limitations set forth
2 in this Act and in Section 9A-11 of the Illinois Public Aid
3 Code, (iv) as of January 29, 2013 (the effective date of Public
4 Act 97-1158), but not before except as otherwise provided in
5 this subsection (n), home care and home health workers who
6 function as personal assistants and individual maintenance
7 home health workers and who also work under the Home Services
8 Program under Section 3 of the Rehabilitation of Persons with
9 Disabilities Act, no matter whether the State provides those
10 services through direct fee-for-service arrangements, with the
11 assistance of a managed care organization or other
12 intermediary, or otherwise, (v) beginning on July 19, 2013
13 (the effective date of Public Act 98-100) and notwithstanding
14 any other provision of this Act, any person employed by a
15 public employer and who is classified as or who holds the
16 employment title of Chief Stationary Engineer, Assistant Chief
17 Stationary Engineer, Sewage Plant Operator, Water Plant
18 Operator, Stationary Engineer, Plant Operating Engineer, and
19 any other employee who holds the position of: Civil Engineer
20 V, Civil Engineer VI, Civil Engineer VII, Technical Manager I,
21 Technical Manager II, Technical Manager III, Technical Manager
22 IV, Technical Manager V, Technical Manager VI, Realty
23 Specialist III, Realty Specialist IV, Realty Specialist V,
24 Technical Advisor I, Technical Advisor II, Technical Advisor
25 III, Technical Advisor IV, or Technical Advisor V employed by
26 the Department of Transportation who is in a position which is
HB3595 Enrolled - 34 - LRB104 08153 BAB 18201 b
1 certified in a bargaining unit on or before July 19, 2013 (the
2 effective date of Public Act 98-100), and (vi) beginning on
3 July 19, 2013 (the effective date of Public Act 98-100) and
4 notwithstanding any other provision of this Act, any mental
5 health administrator in the Department of Corrections who is
6 classified as or who holds the position of Public Service
7 Administrator (Option 8K), any employee of the Office of the
8 Inspector General in the Department of Human Services who is
9 classified as or who holds the position of Public Service
10 Administrator (Option 7), any Deputy of Intelligence in the
11 Department of Corrections who is classified as or who holds
12 the position of Public Service Administrator (Option 7), and
13 any employee of the Illinois State Police who handles issues
14 concerning the Illinois State Police Sex Offender Registry and
15 who is classified as or holds the position of Public Service
16 Administrator (Option 7), but excluding all of the following:
17 employees of the General Assembly of the State of Illinois;
18 elected officials; executive heads of a department; members of
19 boards or commissions; the Executive Inspectors General; any
20 special Executive Inspectors General; employees of each Office
21 of an Executive Inspector General; commissioners and employees
22 of the Executive Ethics Commission; the Auditor General's
23 Inspector General; employees of the Office of the Auditor
24 General's Inspector General; the Legislative Inspector
25 General; any special Legislative Inspectors General; employees
26 of the Office of the Legislative Inspector General;
HB3595 Enrolled - 35 - LRB104 08153 BAB 18201 b
1 commissioners and employees of the Legislative Ethics
2 Commission; employees of any agency, board or commission
3 created by this Act; employees appointed to State positions of
4 a temporary or emergency nature; all employees of school
5 districts and higher education institutions except
6 firefighters and peace officers employed by a state university
7 and except peace officers employed by a school district in its
8 own police department in existence on July 23, 2010 (the
9 effective date of Public Act 96-1257); managerial employees;
10 short-term employees; legislative liaisons; a person who is a
11 State employee under the jurisdiction of the Office of the
12 Attorney General who is licensed to practice law or whose
13 position authorizes, either directly or indirectly, meaningful
14 input into government decision-making on issues where there is
15 room for principled disagreement on goals or their
16 implementation; a person who is a State employee under the
17 jurisdiction of the Office of the Comptroller who holds the
18 position of Public Service Administrator or whose position is
19 otherwise exempt under the Comptroller Merit Employment Code;
20 a person who is a State employee under the jurisdiction of the
21 Secretary of State who holds the position classification of
22 Executive I or higher, whose position authorizes, either
23 directly or indirectly, meaningful input into government
24 decision-making on issues where there is room for principled
25 disagreement on goals or their implementation, or who is
26 otherwise exempt under the Secretary of State Merit Employment
HB3595 Enrolled - 36 - LRB104 08153 BAB 18201 b
1 Code; employees in the Office of the Secretary of State who are
2 completely exempt from jurisdiction B of the Secretary of
3 State Merit Employment Code and who are in Rutan-exempt
4 positions on or after April 5, 2013 (the effective date of
5 Public Act 97-1172); a person who is a State employee under the
6 jurisdiction of the Treasurer who holds a position that is
7 exempt from the State Treasurer Employment Code; any employee
8 of a State agency who (i) holds the title or position of, or
9 exercises substantially similar duties as a legislative
10 liaison, Agency General Counsel, Agency Chief of Staff, Agency
11 Executive Director, Agency Deputy Director, Agency Chief
12 Fiscal Officer, Agency Human Resources Director, Public
13 Information Officer, or Chief Information Officer and (ii) was
14 neither included in a bargaining unit nor subject to an active
15 petition for certification in a bargaining unit; any employee
16 of a State agency who (i) is in a position that is
17 Rutan-exempt, as designated by the employer, and completely
18 exempt from jurisdiction B of the Personnel Code and (ii) was
19 neither included in a bargaining unit nor subject to an active
20 petition for certification in a bargaining unit; any term
21 appointed employee of a State agency pursuant to Section 8b.18
22 or 8b.19 of the Personnel Code who was neither included in a
23 bargaining unit nor subject to an active petition for
24 certification in a bargaining unit; any employment position
25 properly designated pursuant to Section 6.1 of this Act;
26 confidential employees; independent contractors; and
HB3595 Enrolled - 37 - LRB104 08153 BAB 18201 b
1 supervisors except as provided in this Act.
2 Home care and home health workers who function as personal
3 assistants and individual maintenance home health workers and
4 who also work under the Home Services Program under Section 3
5 of the Rehabilitation of Persons with Disabilities Act shall
6 not be considered public employees for any purposes not
7 specifically provided for in Public Act 93-204 or Public Act
8 97-1158, including, but not limited to, purposes of vicarious
9 liability in tort and purposes of statutory retirement or
10 health insurance benefits. Home care and home health workers
11 who function as personal assistants and individual maintenance
12 home health workers and who also work under the Home Services
13 Program under Section 3 of the Rehabilitation of Persons with
14 Disabilities Act shall not be covered by the State Employees
15 Group Insurance Act of 1971.
16 Early care and education Child and day care home providers
17 shall not be considered public employees for any purposes not
18 specifically provided for in Public Act 94-320, including, but
19 not limited to, purposes of vicarious liability in tort and
20 purposes of statutory retirement or health insurance benefits.
21 Early care and education Child and day care home providers
22 shall not be covered by the State Employees Group Insurance
23 Act of 1971.
24 Notwithstanding Section 9, subsection (c), or any other
25 provisions of this Act, all peace officers above the rank of
26 captain in municipalities with more than 1,000,000 inhabitants
HB3595 Enrolled - 38 - LRB104 08153 BAB 18201 b
1 shall be excluded from this Act.
2 (o) Except as otherwise in subsection (o-5), "public
3 employer" or "employer" means the State of Illinois; any
4 political subdivision of the State, unit of local government
5 or school district; authorities including departments,
6 divisions, bureaus, boards, commissions, or other agencies of
7 the foregoing entities; and any person acting within the scope
8 of his or her authority, express or implied, on behalf of those
9 entities in dealing with its employees. As of July 16, 2003
10 (the effective date of Public Act 93-204), but not before, the
11 State of Illinois shall be considered the employer of the
12 personal assistants working under the Home Services Program
13 under Section 3 of the Rehabilitation of Persons with
14 Disabilities Act, subject to the limitations set forth in this
15 Act and in the Rehabilitation of Persons with Disabilities
16 Act. As of January 29, 2013 (the effective date of Public Act
17 97-1158), but not before except as otherwise provided in this
18 subsection (o), the State shall be considered the employer of
19 home care and home health workers who function as personal
20 assistants and individual maintenance home health workers and
21 who also work under the Home Services Program under Section 3
22 of the Rehabilitation of Persons with Disabilities Act, no
23 matter whether the State provides those services through
24 direct fee-for-service arrangements, with the assistance of a
25 managed care organization or other intermediary, or otherwise,
26 but subject to the limitations set forth in this Act and the
HB3595 Enrolled - 39 - LRB104 08153 BAB 18201 b
1 Rehabilitation of Persons with Disabilities Act. The State
2 shall not be considered to be the employer of home care and
3 home health workers who function as personal assistants and
4 individual maintenance home health workers and who also work
5 under the Home Services Program under Section 3 of the
6 Rehabilitation of Persons with Disabilities Act, for any
7 purposes not specifically provided for in Public Act 93-204 or
8 Public Act 97-1158, including but not limited to, purposes of
9 vicarious liability in tort and purposes of statutory
10 retirement or health insurance benefits. Home care and home
11 health workers who function as personal assistants and
12 individual maintenance home health workers and who also work
13 under the Home Services Program under Section 3 of the
14 Rehabilitation of Persons with Disabilities Act shall not be
15 covered by the State Employees Group Insurance Act of 1971. As
16 of January 1, 2006 (the effective date of Public Act 94-320),
17 but not before, the State of Illinois shall be considered the
18 employer of the early care and education day and child care
19 home providers participating in the child care assistance
20 program under Section 9A-11 of the Illinois Public Aid Code,
21 subject to the limitations set forth in this Act and in Section
22 9A-11 of the Illinois Public Aid Code. The State shall not be
23 considered to be the employer of early care and education
24 child and day care home providers for any purposes not
25 specifically provided for in Public Act 94-320, including, but
26 not limited to, purposes of vicarious liability in tort and
HB3595 Enrolled - 40 - LRB104 08153 BAB 18201 b
1 purposes of statutory retirement or health insurance benefits.
2 Early care and education Child and day care home providers
3 shall not be covered by the State Employees Group Insurance
4 Act of 1971.
5 "Public employer" or "employer" as used in this Act,
6 however, does not mean and shall not include the General
7 Assembly of the State of Illinois, the Executive Ethics
8 Commission, the Offices of the Executive Inspectors General,
9 the Legislative Ethics Commission, the Office of the
10 Legislative Inspector General, the Office of the Auditor
11 General's Inspector General, the Office of the Governor, the
12 Governor's Office of Management and Budget, the Illinois
13 Finance Authority, the Office of the Lieutenant Governor, the
14 State Board of Elections, and educational employers or
15 employers as defined in the Illinois Educational Labor
16 Relations Act, except with respect to a state university in
17 its employment of firefighters and peace officers and except
18 with respect to a school district in the employment of peace
19 officers in its own police department in existence on July 23,
20 2010 (the effective date of Public Act 96-1257). County boards
21 and county sheriffs shall be designated as joint or
22 co-employers of county peace officers appointed under the
23 authority of a county sheriff. Nothing in this subsection (o)
24 shall be construed to prevent the State Panel or the Local
25 Panel from determining that employers are joint or
26 co-employers.
HB3595 Enrolled - 41 - LRB104 08153 BAB 18201 b
1 (o-5) With respect to wages, fringe benefits, hours,
2 holidays, vacations, proficiency examinations, sick leave, and
3 other conditions of employment, the public employer of public
4 employees who are court reporters, as defined in the Court
5 Reporters Act, shall be determined as follows:
6 (1) For court reporters employed by the Cook County
7 Judicial Circuit, the chief judge of the Cook County
8 Circuit Court is the public employer and employer
9 representative.
10 (2) For court reporters employed by the 12th, 18th,
11 19th, and, on and after December 4, 2006, the 22nd
12 judicial circuits, a group consisting of the chief judges
13 of those circuits, acting jointly by majority vote, is the
14 public employer and employer representative.
15 (3) For court reporters employed by all other judicial
16 circuits, a group consisting of the chief judges of those
17 circuits, acting jointly by majority vote, is the public
18 employer and employer representative.
19 (p) "Security employee" means an employee who is
20 responsible for the supervision and control of inmates at
21 correctional facilities. The term also includes other
22 non-security employees in bargaining units having the majority
23 of employees being responsible for the supervision and control
24 of inmates at correctional facilities.
25 (q) "Short-term employee" means an employee who is
26 employed for less than 2 consecutive calendar quarters during
HB3595 Enrolled - 42 - LRB104 08153 BAB 18201 b
1 a calendar year and who does not have a reasonable assurance
2 that he or she will be rehired by the same employer for the
3 same service in a subsequent calendar year.
4 (q-5) "State agency" means an agency directly responsible
5 to the Governor, as defined in Section 3.1 of the Executive
6 Reorganization Implementation Act, and the Illinois Commerce
7 Commission, the Illinois Workers' Compensation Commission, the
8 Civil Service Commission, the Pollution Control Board, the
9 Illinois Racing Board, and the Illinois State Police Merit
10 Board.
11 (r) "Supervisor" is:
12 (1) An employee whose principal work is substantially
13 different from that of his or her subordinates and who has
14 authority, in the interest of the employer, to hire,
15 transfer, suspend, lay off, recall, promote, discharge,
16 direct, reward, or discipline employees, to adjust their
17 grievances, or to effectively recommend any of those
18 actions, if the exercise of that authority is not of a
19 merely routine or clerical nature, but requires the
20 consistent use of independent judgment. Except with
21 respect to police employment, the term "supervisor"
22 includes only those individuals who devote a preponderance
23 of their employment time to exercising that authority,
24 State supervisors notwithstanding. Determinations of
25 supervisor status shall be based on actual employee job
26 duties and not solely on written job descriptions. Nothing
HB3595 Enrolled - 43 - LRB104 08153 BAB 18201 b
1 in this definition prohibits an individual from also
2 meeting the definition of "managerial employee" under
3 subsection (j) of this Section. In addition, in
4 determining supervisory status in police employment, rank
5 shall not be determinative. The Board shall consider, as
6 evidence of bargaining unit inclusion or exclusion, the
7 common law enforcement policies and relationships between
8 police officer ranks and certification under applicable
9 civil service law, ordinances, personnel codes, or
10 Division 2.1 of Article 10 of the Illinois Municipal Code,
11 but these factors shall not be the sole or predominant
12 factors considered by the Board in determining police
13 supervisory status.
14 Notwithstanding the provisions of the preceding
15 paragraph, in determining supervisory status in fire
16 fighter employment, no fire fighter shall be excluded as a
17 supervisor who has established representation rights under
18 Section 9 of this Act. Further, in fire fighter units,
19 employees shall consist of fire fighters of the highest
20 rank of company officer and below. A company officer may
21 be responsible for multiple companies or apparatus on a
22 shift, multiple stations, or an entire shift. There may be
23 more than one company officer per shift. If a company
24 officer otherwise qualifies as a supervisor under the
25 preceding paragraph, however, he or she shall not be
26 included in the fire fighter unit. If there is no rank
HB3595 Enrolled - 44 - LRB104 08153 BAB 18201 b
1 between that of chief and the highest company officer, the
2 employer may designate a position on each shift as a Shift
3 Commander, and the persons occupying those positions shall
4 be supervisors. All other ranks above that of the highest
5 company officer shall be supervisors.
6 (2) With respect only to State employees in positions
7 under the jurisdiction of the Attorney General, Secretary
8 of State, Comptroller, or Treasurer (i) that were
9 certified in a bargaining unit on or after December 2,
10 2008, (ii) for which a petition is filed with the Illinois
11 Public Labor Relations Board on or after April 5, 2013
12 (the effective date of Public Act 97-1172), or (iii) for
13 which a petition is pending before the Illinois Public
14 Labor Relations Board on that date, an employee who
15 qualifies as a supervisor under (A) Section 152 of the
16 National Labor Relations Act and (B) orders of the
17 National Labor Relations Board interpreting that provision
18 or decisions of courts reviewing decisions of the National
19 Labor Relations Board.
20 (3) With respect to a police officer, other than a
21 police officer employed by the Illinois State Police, any
22 officer in a permanent rank for which the police officer
23 is appointed. For municipal police officers, "in a
24 permanent rank" shall mean those not subject to
25 promotional testing pursuant to Division 1 or Division 2.1
26 of the Illinois Municipal Code. The position or rank
HB3595 Enrolled - 45 - LRB104 08153 BAB 18201 b
1 immediately below that of Chief, whether occupied by a
2 person or persons in appointed positions or a tested rank
3 shall also be considered supervisors unless that rank is
4 that of patrol officer. An appointment of duties in which
5 the tested permanent rank does not change shall not be
6 considered the appointment of a supervisor under this
7 definition.
8 (4) With respect to a police officer for the State
9 Police, any rank of Major or above.
10 Notwithstanding the provisions of paragraph (1) of
11 subsection (r), "supervisor" does not include (1) a police
12 officer excluded from the definition of "supervisor" by a
13 collective bargaining agreement, (2) a police officer who is
14 in a rank for which the police officer must complete a written
15 test pursuant to Division 1 or Division 2.1 of the Illinois
16 Municipal Code in order to be employed in that rank, (3) a
17 police officer who is in a position or rank that has been
18 voluntarily recognized as covered by a collective bargaining
19 agreement by the employer, or (4) a police officer who is in a
20 position or rank that has been historically covered by a
21 collective bargaining agreement. However, these exclusions
22 from the definition of "supervisor" only apply in this Act for
23 the purposes of supervisory collective bargaining purposes
24 only. Employees occupying supervisory bargaining ranks shall
25 still be required to perform supervisory functions as outlined
26 in paragraph (1) of subsection (r) and be held accountable for
HB3595 Enrolled - 46 - LRB104 08153 BAB 18201 b
1 failure to perform supervisory functions.
2 (s)(1) "Unit" means a class of jobs or positions that are
3 held by employees whose collective interests may suitably be
4 represented by a labor organization for collective bargaining.
5 Except with respect to non-State fire fighters and paramedics
6 employed by fire departments and fire protection districts,
7 non-State peace officers, and peace officers in the Illinois
8 State Police, a bargaining unit determined by the Board shall
9 not include both employees and supervisors, or supervisors
10 only, except as provided in paragraph (2) of this subsection
11 (s) and except for bargaining units in existence on July 1,
12 1984 (the effective date of this Act). With respect to
13 non-State fire fighters and paramedics employed by fire
14 departments and fire protection districts, non-State peace
15 officers, and peace officers in the Illinois State Police, a
16 bargaining unit determined by the Board shall not include both
17 supervisors and nonsupervisors, or supervisors only, except as
18 provided in paragraph (2) of this subsection (s) and except
19 for bargaining units in existence on January 1, 1986 (the
20 effective date of this amendatory Act of 1985). A bargaining
21 unit determined by the Board to contain peace officers shall
22 contain no employees other than peace officers unless
23 otherwise agreed to by the employer and the labor organization
24 or labor organizations involved. Notwithstanding any other
25 provision of this Act, a bargaining unit, including a
26 historical bargaining unit, containing sworn peace officers of
HB3595 Enrolled - 47 - LRB104 08153 BAB 18201 b
1 the Department of Natural Resources (formerly designated the
2 Department of Conservation) shall contain no employees other
3 than such sworn peace officers upon the effective date of this
4 amendatory Act of 1990 or upon the expiration date of any
5 collective bargaining agreement in effect upon the effective
6 date of this amendatory Act of 1990 covering both such sworn
7 peace officers and other employees.
8 (2) Notwithstanding the exclusion of supervisors from
9 bargaining units as provided in paragraph (1) of this
10 subsection (s), a public employer may agree to permit its
11 supervisory employees to form bargaining units and may bargain
12 with those units. This Act shall apply if the public employer
13 chooses to bargain under this subsection.
14 (3) Public employees who are court reporters, as defined
15 in the Court Reporters Act, shall be divided into 3 units for
16 collective bargaining purposes. One unit shall be court
17 reporters employed by the Cook County Judicial Circuit; one
18 unit shall be court reporters employed by the 12th, 18th,
19 19th, and, on and after December 4, 2006, the 22nd judicial
20 circuits; and one unit shall be court reporters employed by
21 all other judicial circuits.
22 (t) "Active petition for certification in a bargaining
23 unit" means a petition for certification filed with the Board
24 under one of the following case numbers: S-RC-11-110;
25 S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
26 S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
HB3595 Enrolled - 48 - LRB104 08153 BAB 18201 b
1 S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
2 S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
3 S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
4 S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
5 S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
6 S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
7 S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
8 S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
9 S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
10 S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
11 S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
12 S-RC-07-100.
13 (Source: P.A. 103-154, eff. 6-30-23; 104-118, eff. 7-1-26.)
14 (5 ILCS 315/7) (from Ch. 48, par. 1607)
15 Sec. 7. Duty to bargain. A public employer and the
16 exclusive representative have the authority and the duty to
17 bargain collectively set forth in this Section.
18 For the purposes of this Act, "to bargain collectively"
19 means the performance of the mutual obligation of the public
20 employer or his designated representative and the
21 representative of the public employees to meet at reasonable
22 times, including meetings in advance of the budget-making
23 process, and to negotiate in good faith with respect to wages,
24 hours, and other conditions of employment, not excluded by
25 Section 4 of this Act, or the negotiation of an agreement, or
HB3595 Enrolled - 49 - LRB104 08153 BAB 18201 b
1 any question arising thereunder and the execution of a written
2 contract incorporating any agreement reached if requested by
3 either party, but such obligation does not compel either party
4 to agree to a proposal or require the making of a concession.
5 The duty "to bargain collectively" shall also include an
6 obligation to negotiate over any matter with respect to wages,
7 hours and other conditions of employment, not specifically
8 provided for in any other law or not specifically in violation
9 of the provisions of any law. If any other law pertains, in
10 part, to a matter affecting the wages, hours and other
11 conditions of employment, such other law shall not be
12 construed as limiting the duty "to bargain collectively" and
13 to enter into collective bargaining agreements containing
14 clauses which either supplement, implement, or relate to the
15 effect of such provisions in other laws.
16 The duty "to bargain collectively" shall also include
17 negotiations as to the terms of a collective bargaining
18 agreement. The parties may, by mutual agreement, provide for
19 arbitration of impasses resulting from their inability to
20 agree upon wages, hours and terms and conditions of employment
21 to be included in a collective bargaining agreement. Such
22 arbitration provisions shall be subject to the Illinois
23 "Uniform Arbitration Act" unless agreed by the parties.
24 The duty "to bargain collectively" shall also mean that no
25 party to a collective bargaining contract shall terminate or
26 modify such contract, unless the party desiring such
HB3595 Enrolled - 50 - LRB104 08153 BAB 18201 b
1 termination or modification:
2 (1) serves a written notice upon the other party to
3 the contract of the proposed termination or modification
4 60 days prior to the expiration date thereof, or in the
5 event such contract contains no expiration date, 60 days
6 prior to the time it is proposed to make such termination
7 or modification;
8 (2) offers to meet and confer with the other party for
9 the purpose of negotiating a new contract or a contract
10 containing the proposed modifications;
11 (3) notifies the Board within 30 days after such
12 notice of the existence of a dispute, provided no
13 agreement has been reached by that time; and
14 (4) continues in full force and effect, without
15 resorting to strike or lockout, all the terms and
16 conditions of the existing contract for a period of 60
17 days after such notice is given to the other party or until
18 the expiration date of such contract, whichever occurs
19 later.
20 The duties imposed upon employers, employees and labor
21 organizations by paragraphs (2), (3) and (4) shall become
22 inapplicable upon an intervening certification of the Board,
23 under which the labor organization, which is a party to the
24 contract, has been superseded as or ceased to be the exclusive
25 representative of the employees pursuant to the provisions of
26 subsection (a) of Section 9, and the duties so imposed shall
HB3595 Enrolled - 51 - LRB104 08153 BAB 18201 b
1 not be construed as requiring either party to discuss or agree
2 to any modification of the terms and conditions contained in a
3 contract for a fixed period, if such modification is to become
4 effective before such terms and conditions can be reopened
5 under the provisions of the contract.
6 Collective bargaining for home care and home health
7 workers who function as personal assistants and individual
8 maintenance home health workers under the Home Services
9 Program shall be limited to the terms and conditions of
10 employment under the State's control, as defined in Public Act
11 93-204 or this amendatory Act of the 97th General Assembly, as
12 applicable.
13 Collective bargaining for child and early care and
14 education day care home providers under the child care
15 assistance program shall be limited to the terms and
16 conditions of employment under the State's control, as defined
17 in this amendatory Act of the 94th General Assembly.
18 Notwithstanding any other provision of this Section,
19 whenever collective bargaining is for the purpose of
20 establishing an initial agreement following original
21 certification of units, with respect to public employees other
22 than peace officers, fire fighters, and security employees,
23 the following apply:
24 (1) Not later than 10 days after receiving a written
25 request for collective bargaining from a labor
26 organization that has been newly certified as a
HB3595 Enrolled - 52 - LRB104 08153 BAB 18201 b
1 representative as defined in Section 6(c), or within such
2 further period as the parties agree upon, the parties
3 shall meet and commence to bargain collectively and shall
4 make every reasonable effort to conclude and sign a
5 collective bargaining agreement.
6 (2) If anytime after the expiration of the 90-day
7 period beginning on the date on which bargaining is
8 commenced the parties have failed to reach an agreement,
9 either party may notify the Illinois Public Labor
10 Relations Board of the existence of a dispute and request
11 mediation in accordance with the provisions of Section 14
12 of this Act.
13 (3) If after the expiration of the 30-day period
14 beginning on the date on which mediation commenced, or
15 such additional period as the parties may agree upon, the
16 mediator is not able to bring the parties to agreement by
17 conciliation, either the exclusive representative of the
18 employees or the employer may request of the other, in
19 writing, arbitration and shall submit a copy of the
20 request to the board. Upon submission of the request for
21 arbitration, the parties shall be required to participate
22 in the impasse arbitration procedures set forth in Section
23 14 of this Act, except the right to strike shall not be
24 considered waived pursuant to Section 17 of this Act,
25 until the actual convening of the arbitration hearing.
26 (Source: P.A. 104-358, eff. 8-15-25.)
HB3595 Enrolled - 53 - LRB104 08153 BAB 18201 b
1 Section 10. The Voluntary Payroll Deductions Act of 1983
2 is amended by changing Section 3 as follows:
3 (5 ILCS 340/3) (from Ch. 15, par. 503)
4 Sec. 3. Definitions. As used in this Act unless the
5 context otherwise requires:
6 (a) "Employee" means any regular officer or employee who
7 receives salary or wages for personal services rendered to the
8 State of Illinois, and includes an individual hired as an
9 employee by contract with that individual.
10 (b) "Qualified organization" means an organization
11 representing one or more benefiting agencies, which
12 organization is designated by the State Comptroller as
13 qualified to receive payroll deductions under this Act. An
14 organization desiring to be designated as a qualified
15 organization shall:
16 (1) Submit written or electronic designations on forms
17 approved by the State Comptroller by 500 or more employees
18 or State annuitants, in which such employees or State
19 annuitants indicate that the organization is one for which
20 the employee or State annuitant intends to authorize
21 withholding. The forms shall require the name, last 4
22 digits only of the social security number, and employing
23 State agency for each employee. Upon notification by the
24 Comptroller that such forms have been approved, the
HB3595 Enrolled - 54 - LRB104 08153 BAB 18201 b
1 organization shall, within 30 days, notify in writing the
2 Comptroller or his or her designee of its intention to
3 obtain the required number of designations. Such
4 organization shall have 12 months from that date to obtain
5 the necessary designations and return to the State
6 Comptroller's office the completed designations, which
7 shall be subject to verification procedures established by
8 the State Comptroller;
9 (2) Certify that all benefiting agencies are tax
10 exempt under Section 501(c)(3) of the Internal Revenue
11 Code;
12 (3) Certify that all benefiting agencies are in
13 compliance with the Illinois Human Rights Act;
14 (4) Certify that all benefiting agencies are in
15 compliance with the Charitable Trust Act and the
16 Solicitation for Charity Act;
17 (5) Certify that all benefiting agencies actively
18 conduct health or welfare programs and provide services to
19 individuals directed at one or more of the following
20 common human needs within a community: service, research,
21 and education in the health fields; early care and
22 education family and child care services; protective
23 services for children and adults; services for children
24 and adults in foster care; services related to the
25 management and maintenance of the home; day care services
26 for adults; transportation services; information, referral
HB3595 Enrolled - 55 - LRB104 08153 BAB 18201 b
1 and counseling services; services to eliminate illiteracy;
2 the preparation and delivery of meals; adoption services;
3 emergency shelter care and relief services; disaster
4 relief services; safety services; neighborhood and
5 community organization services; recreation services;
6 social adjustment and rehabilitation services; health
7 support services; or a combination of such services
8 designed to meet the special needs of specific groups,
9 such as children and youth, the ill and infirm, and
10 persons with physical disabilities; and that all such
11 benefiting agencies provide the above described services
12 to individuals and their families in the community and
13 surrounding area in which the organization conducts its
14 fund drive, or that such benefiting agencies provide
15 relief to victims of natural disasters and other
16 emergencies on a where and as needed basis;
17 (6) Certify that the organization has disclosed the
18 percentage of the organization's total collected receipts
19 from employees or State annuitants that are distributed to
20 the benefiting agencies and the percentage of the
21 organization's total collected receipts from employees or
22 State annuitants that are expended for fund-raising and
23 overhead costs. These percentages shall be the same
24 percentage figures annually disclosed by the organization
25 to the Attorney General. The disclosure shall be made to
26 all solicited employees and State annuitants and shall be
HB3595 Enrolled - 56 - LRB104 08153 BAB 18201 b
1 in the form of a factual statement on all petitions and in
2 the campaign's brochures for employees and State
3 annuitants;
4 (7) Certify that all benefiting agencies receiving
5 funds which the employee or State annuitant has requested
6 or designated for distribution to a particular community
7 and surrounding area use a majority of such funds
8 distributed for services in the actual provision of
9 services in that community and surrounding area;
10 (8) Certify that neither it nor its member
11 organizations will solicit State employees for
12 contributions at their workplace, except pursuant to this
13 Act and the rules promulgated thereunder. Each qualified
14 organization, and each participating United Fund, is
15 encouraged to cooperate with all others and with all State
16 agencies and educational institutions so as to simplify
17 procedures, to resolve differences and to minimize costs;
18 (9) Certify that it will pay its share of the campaign
19 costs and will comply with the Code of Campaign Conduct as
20 approved by the Comptroller or other agency as designated
21 by the Comptroller; and
22 (10) Certify that it maintains a year-round office,
23 the telephone number, and person responsible for the
24 operations of the organization in Illinois. That
25 information shall be provided to the State Comptroller at
26 the time the organization is seeking participation under
HB3595 Enrolled - 57 - LRB104 08153 BAB 18201 b
1 this Act.
2 Each qualified organization shall submit to the State
3 Comptroller between January 1 and March 1 of each year, a
4 statement that the organization is in compliance with all of
5 the requirements set forth in paragraphs (2) through (10). The
6 State Comptroller shall exclude any organization that fails to
7 submit the statement from the next solicitation period.
8 In order to be designated as a qualified organization, the
9 organization shall have existed at least 2 years prior to
10 submitting the written or electronic designation forms
11 required in paragraph (1) and shall certify to the State
12 Comptroller that such organization has been providing services
13 described in paragraph (5) in Illinois. If the organization
14 seeking designation represents more than one benefiting
15 agency, it need not have existed for 2 years but shall certify
16 to the State Comptroller that each of its benefiting agencies
17 has existed for at least 2 years prior to submitting the
18 written or electronic designation forms required in paragraph
19 (1) and that each has been providing services described in
20 paragraph (5) in Illinois.
21 Organizations which have met the requirements of this Act
22 shall be permitted to participate in the State and
23 Universities Combined Appeal as of January 1st of the year
24 immediately following their approval by the Comptroller.
25 Where the certifications described in paragraphs (2), (3),
26 (4), (5), (6), (7), (8), (9), and (10) above are made by an
HB3595 Enrolled - 58 - LRB104 08153 BAB 18201 b
1 organization representing more than one benefiting agency they
2 shall be based upon the knowledge and belief of such qualified
3 organization. Any qualified organization shall immediately
4 notify the State Comptroller in writing if the qualified
5 organization receives information or otherwise believes that a
6 benefiting agency is no longer in compliance with the
7 certification of the qualified organization. A qualified
8 organization representing more than one benefiting agency
9 shall thereafter withhold and refrain from distributing to
10 such benefiting agency those funds received pursuant to this
11 Act until the benefiting agency is again in compliance with
12 the qualified organization's certification. The qualified
13 organization shall immediately notify the State Comptroller of
14 the benefiting agency's resumed compliance with the
15 certification, based upon the qualified organization's
16 knowledge and belief, and shall pay over to the benefiting
17 agency those funds previously withheld.
18 In order to qualify, a qualified organization must receive
19 250 deduction pledges from the immediately preceding
20 solicitation period as set forth in Section 6. The Comptroller
21 shall, by February 1st of each year, so notify any qualified
22 organization that failed to receive the minimum deduction
23 requirement. The notification shall give such qualified
24 organization until March 1st to provide the Comptroller with
25 documentation that the minimum deduction requirement has been
26 met. On the basis of all the documentation, the Comptroller
HB3595 Enrolled - 59 - LRB104 08153 BAB 18201 b
1 shall, by March 15th of each year, make publicly available a
2 list of all organizations which have met the minimum payroll
3 deduction requirement. Only those organizations which have met
4 such requirements, as well as the other requirements of this
5 Section, shall be permitted to solicit State employees or
6 State annuitants for voluntary contributions, and the
7 Comptroller shall discontinue withholding for any such
8 organization which fails to meet these requirements, except
9 qualified organizations that received deduction pledges during
10 the 2004 solicitation period are deemed to be qualified for
11 the 2005 solicitation period.
12 (c) "United Fund" means the organization conducting the
13 single, annual, consolidated effort to secure funds for
14 distribution to agencies engaged in charitable and public
15 health, welfare and services purposes, which is commonly known
16 as the United Fund, or the organization which serves in place
17 of the United Fund organization in communities where an
18 organization known as the United Fund is not organized.
19 In order for a United Fund to participate in the State and
20 Universities Employees Combined Appeal, it shall comply with
21 the provisions of paragraph (9) of subsection (b).
22 (d) "State and Universities Employees Combined Appeal",
23 otherwise known as "SECA", means the State-directed joint
24 effort of all of the qualified organizations, together with
25 the United Funds, for the solicitation of voluntary
26 contributions from State and University employees and State
HB3595 Enrolled - 60 - LRB104 08153 BAB 18201 b
1 annuitants.
2 (e) "Retirement system" means any or all of the following:
3 the General Assembly Retirement System, the State Employees'
4 Retirement System of Illinois, the State Universities
5 Retirement System, the Teachers' Retirement System of the
6 State of Illinois, and the Judges Retirement System.
7 (f) "State annuitant" means a person receiving an annuity
8 or disability benefit under Article 2, 14, 15, 16, or 18 of the
9 Illinois Pension Code.
10 (Source: P.A. 102-291, eff. 8-6-21.)
11 Section 15. The Children and Family Services Act is
12 amended by changing Sections 5, 5a, 5.15, 21, 22.1, and 22.4 as
13 follows:
14 (20 ILCS 505/5)
15 (Text of Section before amendment by P.A. 104-107)
16 Sec. 5. Direct child welfare services; Department of
17 Children and Family Services. To provide direct child welfare
18 services when not available through other public or private
19 child care or program facilities.
20 (a) For purposes of this Section:
21 (1) "Children" means persons found within the State
22 who are under the age of 18 years. The term also includes
23 persons under age 21 who:
24 (A) were committed to the Department pursuant to
HB3595 Enrolled - 61 - LRB104 08153 BAB 18201 b
1 the Juvenile Court Act or the Juvenile Court Act of
2 1987 and who continue under the jurisdiction of the
3 court; or
4 (B) were accepted for care, service and training
5 by the Department prior to the age of 18 and whose best
6 interest in the discretion of the Department would be
7 served by continuing that care, service and training
8 because of severe emotional disturbances, physical
9 disability, social adjustment or any combination
10 thereof, or because of the need to complete an
11 educational or vocational training program.
12 (2) "Homeless youth" means persons found within the
13 State who are under the age of 19, are not in a safe and
14 stable living situation and cannot be reunited with their
15 families.
16 (3) "Child welfare services" means public social
17 services which are directed toward the accomplishment of
18 the following purposes:
19 (A) protecting and promoting the health, safety
20 and welfare of children, including homeless,
21 dependent, or neglected children;
22 (B) remedying, or assisting in the solution of
23 problems which may result in, the neglect, abuse,
24 exploitation, or delinquency of children;
25 (C) preventing the unnecessary separation of
26 children from their families by identifying family
HB3595 Enrolled - 62 - LRB104 08153 BAB 18201 b
1 problems, assisting families in resolving their
2 problems, and preventing the breakup of the family
3 where the prevention of child removal is desirable and
4 possible when the child can be cared for at home
5 without endangering the child's health and safety;
6 (D) restoring to their families children who have
7 been removed, by the provision of services to the
8 child and the families when the child can be cared for
9 at home without endangering the child's health and
10 safety;
11 (E) placing children in suitable permanent family
12 arrangements, through guardianship or adoption, in
13 cases where restoration to the birth family is not
14 safe, possible, or appropriate;
15 (F) at the time of placement, conducting
16 concurrent planning, as described in subsection (l-1)
17 of this Section, so that permanency may occur at the
18 earliest opportunity. Consideration should be given so
19 that if reunification fails or is delayed, the
20 placement made is the best available placement to
21 provide permanency for the child;
22 (G) (blank);
23 (H) (blank); and
24 (I) placing and maintaining children in facilities
25 that provide separate living quarters for children
26 under the age of 18 and for children 18 years of age
HB3595 Enrolled - 63 - LRB104 08153 BAB 18201 b
1 and older, unless a child 18 years of age is in the
2 last year of high school education or vocational
3 training, in an approved individual or group treatment
4 program, in a licensed shelter facility, or secure
5 child care facility. The Department is not required to
6 place or maintain children:
7 (i) who are in a foster home, or
8 (ii) who are persons with a developmental
9 disability, as defined in the Mental Health and
10 Developmental Disabilities Code, or
11 (iii) who are female children who are
12 pregnant, pregnant and parenting, or parenting, or
13 (iv) who are siblings, in facilities that
14 provide separate living quarters for children 18
15 years of age and older and for children under 18
16 years of age.
17 (b) (Blank).
18 (b-5) The Department shall adopt rules to establish a
19 process for all licensed residential providers in Illinois to
20 submit data as required by the Department if they contract or
21 receive reimbursement for children's mental health, substance
22 use, and developmental disability services from the Department
23 of Human Services, the Department of Juvenile Justice, or the
24 Department of Healthcare and Family Services. The requested
25 data must include, but is not limited to, capacity, staffing,
26 and occupancy data for the purpose of establishing State need
HB3595 Enrolled - 64 - LRB104 08153 BAB 18201 b
1 and placement availability.
2 All information collected, shared, or stored pursuant to
3 this subsection shall be handled in accordance with all State
4 and federal privacy laws and accompanying regulations and
5 rules, including without limitation the federal Health
6 Insurance Portability and Accountability Act of 1996 (Public
7 Law 104-191) and the Mental Health and Developmental
8 Disabilities Confidentiality Act.
9 (c) The Department shall establish and maintain
10 tax-supported child welfare services and extend and seek to
11 improve voluntary services throughout the State, to the end
12 that services and care shall be available on an equal basis
13 throughout the State to children requiring such services.
14 (d) The Director may authorize advance disbursements for
15 any new program initiative to any agency contracting with the
16 Department. As a prerequisite for an advance disbursement, the
17 contractor must post a surety bond in the amount of the advance
18 disbursement and have a purchase of service contract approved
19 by the Department. The Department may pay up to 2 months
20 operational expenses in advance. The amount of the advance
21 disbursement shall be prorated over the life of the contract
22 or the remaining months of the fiscal year, whichever is less,
23 and the installment amount shall then be deducted from future
24 bills. Advance disbursement authorizations for new initiatives
25 shall not be made to any agency after that agency has operated
26 during 2 consecutive fiscal years. The requirements of this
HB3595 Enrolled - 65 - LRB104 08153 BAB 18201 b
1 Section concerning advance disbursements shall not apply with
2 respect to the following: payments to local public agencies
3 for child day care services as authorized by Section 5a of this
4 Act; and youth service programs receiving grant funds under
5 Section 17a-4.
6 (e) (Blank).
7 (f) (Blank).
8 (g) The Department shall establish rules and regulations
9 concerning its operation of programs designed to meet the
10 goals of child safety and protection, family preservation, and
11 permanency, including, but not limited to:
12 (1) reunification, guardianship, and adoption;
13 (2) relative and licensed foster care;
14 (3) family counseling;
15 (4) protective services;
16 (5) (blank);
17 (6) homemaker service;
18 (7) return of runaway children;
19 (8) (blank);
20 (9) placement under Section 5-7 of the Juvenile Court
21 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
22 Court Act of 1987 in accordance with the federal Adoption
23 Assistance and Child Welfare Act of 1980; and
24 (10) interstate services.
25 Rules and regulations established by the Department shall
26 include provisions for training Department staff and the staff
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1 of Department grantees, through contracts with other agencies
2 or resources, in screening techniques to identify substance
3 use disorders, as defined in the Substance Use Disorder Act,
4 approved by the Department of Human Services, as a successor
5 to the Department of Alcoholism and Substance Abuse, for the
6 purpose of identifying children and adults who should be
7 referred for an assessment at an organization appropriately
8 licensed by the Department of Human Services for substance use
9 disorder treatment.
10 (h) If the Department finds that there is no appropriate
11 program or facility within or available to the Department for
12 a youth in care and that no licensed private facility has an
13 adequate and appropriate program or none agrees to accept the
14 youth in care, the Department shall create an appropriate
15 individualized, program-oriented plan for such youth in care.
16 The plan may be developed within the Department or through
17 purchase of services by the Department to the extent that it is
18 within its statutory authority to do.
19 (i) Service programs shall be available throughout the
20 State and shall include but not be limited to the following
21 services:
22 (1) case management;
23 (2) homemakers;
24 (3) counseling;
25 (4) parent education;
26 (5) day care;
HB3595 Enrolled - 67 - LRB104 08153 BAB 18201 b
1 (6) emergency assistance and advocacy; and
2 (7) kinship navigator and relative caregiver supports.
3 In addition, the following services may be made available
4 to assess and meet the needs of children and families:
5 (1) comprehensive family-based services;
6 (2) assessments;
7 (3) respite care; and
8 (4) in-home health services.
9 The Department shall provide transportation for any of the
10 services it makes available to children or families or for
11 which it refers children or families.
12 (j) The Department may provide categories of financial
13 assistance and education assistance grants, and shall
14 establish rules and regulations concerning the assistance and
15 grants, to persons who adopt or become subsidized guardians of
16 children with physical or mental disabilities, children who
17 are older, or other hard-to-place children who (i) immediately
18 prior to their adoption or subsidized guardianship were youth
19 in care or (ii) were determined eligible for financial
20 assistance with respect to a prior adoption and who become
21 available for adoption because the prior adoption has been
22 dissolved and the parental rights of the adoptive parents have
23 been terminated or because the child's adoptive parents have
24 died. The Department may continue to provide financial
25 assistance and education assistance grants for a child who was
26 determined eligible for financial assistance under this
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1 subsection (j) in the interim period beginning when the
2 child's adoptive parents died and ending with the finalization
3 of the new adoption of the child by another adoptive parent or
4 parents. The Department may also provide categories of
5 financial assistance and education assistance grants, and
6 shall establish rules and regulations for the assistance and
7 grants, to persons appointed guardian of the person under
8 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
9 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
10 who were youth in care for 12 months immediately prior to the
11 appointment of the guardian.
12 The amount of assistance may vary, depending upon the
13 needs of the child and the adoptive parents or subsidized
14 guardians, as set forth in the annual assistance agreement.
15 Special purpose grants are allowed where the child requires
16 special service but such costs may not exceed the amounts
17 which similar services would cost the Department if it were to
18 provide or secure them as guardian of the child.
19 Any financial assistance provided under this subsection is
20 inalienable by assignment, sale, execution, attachment,
21 garnishment, or any other remedy for recovery or collection of
22 a judgment or debt.
23 (j-5) The Department shall not deny or delay the placement
24 of a child for adoption if an approved family is available
25 either outside of the Department region handling the case, or
26 outside of the State of Illinois.
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1 (k) The Department shall accept for care and training any
2 child who has been adjudicated neglected or abused, or
3 dependent committed to it pursuant to the Juvenile Court Act
4 or the Juvenile Court Act of 1987.
5 (l) The Department shall offer family preservation
6 services, as defined in Section 8.2 of the Abused and
7 Neglected Child Reporting Act, to help families, including
8 adoptive and extended families. Family preservation services
9 shall be offered (i) to prevent the placement of children in
10 substitute care when the children can be cared for at home or
11 in the custody of the person responsible for the children's
12 welfare, (ii) to reunite children with their families, or
13 (iii) to maintain an adoption or subsidized guardianship.
14 Family preservation services shall only be offered when doing
15 so will not endanger the children's health or safety. With
16 respect to children who are in substitute care pursuant to the
17 Juvenile Court Act of 1987, family preservation services shall
18 not be offered if a goal other than those of subdivisions (A),
19 (B), or (B-1) of subsection (2.3) of Section 2-28 of that Act
20 has been set, except that reunification services may be
21 offered as provided in paragraph (F) of subsection (2.3) of
22 Section 2-28 of that Act. Nothing in this paragraph shall be
23 construed to create a private right of action or claim on the
24 part of any individual or child welfare agency, except that
25 when a child is the subject of an action under Article II of
26 the Juvenile Court Act of 1987 and the child's service plan
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1 calls for services to facilitate achievement of the permanency
2 goal, the court hearing the action under Article II of the
3 Juvenile Court Act of 1987 may order the Department to provide
4 the services set out in the plan, if those services are not
5 provided with reasonable promptness and if those services are
6 available.
7 The Department shall notify the child and the child's
8 family of the Department's responsibility to offer and provide
9 family preservation services as identified in the service
10 plan. The child and the child's family shall be eligible for
11 services as soon as the report is determined to be
12 "indicated". The Department may offer services to any child or
13 family with respect to whom a report of suspected child abuse
14 or neglect has been filed, prior to concluding its
15 investigation under Section 7.12 of the Abused and Neglected
16 Child Reporting Act. However, the child's or family's
17 willingness to accept services shall not be considered in the
18 investigation. The Department may also provide services to any
19 child or family who is the subject of any report of suspected
20 child abuse or neglect or may refer such child or family to
21 services available from other agencies in the community, even
22 if the report is determined to be unfounded, if the conditions
23 in the child's or family's home are reasonably likely to
24 subject the child or family to future reports of suspected
25 child abuse or neglect. Acceptance of such services shall be
26 voluntary. The Department may also provide services to any
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1 child or family after completion of a family assessment, as an
2 alternative to an investigation, as provided under the
3 "differential response program" provided for in subsection
4 (a-5) of Section 7.4 of the Abused and Neglected Child
5 Reporting Act.
6 The Department may, at its discretion except for those
7 children also adjudicated neglected or dependent, accept for
8 care and training any child who has been adjudicated addicted,
9 as a truant minor in need of supervision or as a minor
10 requiring authoritative intervention, under the Juvenile Court
11 Act or the Juvenile Court Act of 1987, but no such child shall
12 be committed to the Department by any court without the
13 approval of the Department. On and after January 1, 2015 (the
14 effective date of Public Act 98-803) and before January 1,
15 2017, a minor charged with a criminal offense under the
16 Criminal Code of 1961 or the Criminal Code of 2012 or
17 adjudicated delinquent shall not be placed in the custody of
18 or committed to the Department by any court, except (i) a minor
19 less than 16 years of age committed to the Department under
20 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
21 for whom an independent basis of abuse, neglect, or dependency
22 exists, which must be defined by departmental rule, or (iii) a
23 minor for whom the court has granted a supplemental petition
24 to reinstate wardship pursuant to subsection (2) of Section
25 2-33 of the Juvenile Court Act of 1987. On and after January 1,
26 2017, a minor charged with a criminal offense under the
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1 Criminal Code of 1961 or the Criminal Code of 2012 or
2 adjudicated delinquent shall not be placed in the custody of
3 or committed to the Department by any court, except (i) a minor
4 less than 15 years of age committed to the Department under
5 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
6 for whom an independent basis of abuse, neglect, or dependency
7 exists, which must be defined by departmental rule, or (iii) a
8 minor for whom the court has granted a supplemental petition
9 to reinstate wardship pursuant to subsection (2) of Section
10 2-33 of the Juvenile Court Act of 1987. An independent basis
11 exists when the allegations or adjudication of abuse, neglect,
12 or dependency do not arise from the same facts, incident, or
13 circumstances which give rise to a charge or adjudication of
14 delinquency. The Department shall assign a caseworker to
15 attend any hearing involving a youth in the care and custody of
16 the Department who is placed on aftercare release, including
17 hearings involving sanctions for violation of aftercare
18 release conditions and aftercare release revocation hearings.
19 As soon as is possible, the Department shall develop and
20 implement a special program of family preservation services to
21 support intact, relative, foster, and adoptive families who
22 are experiencing extreme hardships due to the difficulty and
23 stress of caring for a child who has been diagnosed with a
24 pervasive developmental disorder if the Department determines
25 that those services are necessary to ensure the health and
26 safety of the child. The Department may offer services to any
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1 family whether or not a report has been filed under the Abused
2 and Neglected Child Reporting Act. The Department may refer
3 the child or family to services available from other agencies
4 in the community if the conditions in the child's or family's
5 home are reasonably likely to subject the child or family to
6 future reports of suspected child abuse or neglect. Acceptance
7 of these services shall be voluntary. The Department shall
8 develop and implement a public information campaign to alert
9 health and social service providers and the general public
10 about these special family preservation services. The nature
11 and scope of the services offered and the number of families
12 served under the special program implemented under this
13 paragraph shall be determined by the level of funding that the
14 Department annually allocates for this purpose. The term
15 "pervasive developmental disorder" under this paragraph means
16 a neurological condition, including, but not limited to,
17 Asperger's Syndrome and autism, as defined in the most recent
18 edition of the Diagnostic and Statistical Manual of Mental
19 Disorders of the American Psychiatric Association.
20 (l-1) The General Assembly recognizes that the best
21 interests of the child require that the child be placed in the
22 most permanent living arrangement that is an appropriate
23 option for the child, consistent with the child's best
24 interest, using the factors set forth in subsection (4.05) of
25 Section 1-3 of the Juvenile Court Act of 1987 as soon as is
26 practically possible. To achieve this goal, the General
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1 Assembly directs the Department of Children and Family
2 Services to conduct concurrent planning so that permanency may
3 occur at the earliest opportunity. Permanent living
4 arrangements may include prevention of placement of a child
5 outside the home of the family when the child can be cared for
6 at home without endangering the child's health or safety;
7 reunification with the family, when safe and appropriate, if
8 temporary placement is necessary; or movement of the child
9 toward the most appropriate living arrangement and legal
10 status.
11 When determining reasonable efforts to be made with
12 respect to a child, as described in this subsection, and in
13 making such reasonable efforts, the child's health and safety
14 shall be the paramount concern.
15 When a child is placed in foster care, the Department
16 shall ensure and document that reasonable efforts were made to
17 prevent or eliminate the need to remove the child from the
18 child's home. The Department must make reasonable efforts to
19 reunify the family when temporary placement of the child
20 occurs unless otherwise required, pursuant to the Juvenile
21 Court Act of 1987. At any time after the dispositional hearing
22 where the Department believes that further reunification
23 services would be ineffective, it may request a finding from
24 the court that reasonable efforts are no longer appropriate.
25 The Department is not required to provide further
26 reunification services after such a finding.
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1 A decision to place a child in substitute care shall be
2 made with considerations of the child's health, safety, and
3 best interests. The Department shall make diligent efforts to
4 place the child with a relative, document those diligent
5 efforts, and document reasons for any failure or inability to
6 secure such a relative placement. If the primary issue
7 preventing an emergency placement of a child with a relative
8 is a lack of resources, including, but not limited to,
9 concrete goods, safety modifications, and services, the
10 Department shall make diligent efforts to assist the relative
11 in obtaining the necessary resources. No later than July 1,
12 2025, the Department shall adopt rules defining what is
13 diligent and necessary in providing supports to potential
14 relative placements. At the time of placement, consideration
15 should also be given so that if reunification fails or is
16 delayed, the placement has the potential to be an appropriate
17 permanent placement for the child.
18 The Department shall adopt rules addressing concurrent
19 planning for reunification and permanency. The Department
20 shall consider the following factors when determining
21 appropriateness of concurrent planning:
22 (1) the likelihood of prompt reunification;
23 (2) the past history of the family;
24 (3) the barriers to reunification being addressed by
25 the family;
26 (4) the level of cooperation of the family;
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1 (4.5) the child's wishes;
2 (5) the caregivers' willingness to work with the
3 family to reunite;
4 (6) the willingness and ability of the caregivers' to
5 provide a permanent placement;
6 (7) the age of the child;
7 (8) placement of siblings; and
8 (9) the wishes of the parent or parents unless the
9 parental preferences are contrary to the best interests of
10 the child.
11 (m) The Department may assume temporary custody of any
12 child if:
13 (1) it has received a written consent to such
14 temporary custody signed by the parents of the child or by
15 the parent having custody of the child if the parents are
16 not living together or by the guardian or custodian of the
17 child if the child is not in the custody of either parent,
18 or
19 (2) the child is found in the State and neither a
20 parent, guardian nor custodian of the child can be
21 located.
22 If the child is found in the child's residence without a
23 parent, guardian, custodian, or responsible caretaker, the
24 Department may, instead of removing the child and assuming
25 temporary custody, place an authorized representative of the
26 Department in that residence until such time as a parent,
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1 guardian, or custodian enters the home and expresses a
2 willingness and apparent ability to ensure the child's health
3 and safety and resume permanent charge of the child, or until a
4 relative enters the home and is willing and able to ensure the
5 child's health and safety and assume charge of the child until
6 a parent, guardian, or custodian enters the home and expresses
7 such willingness and ability to ensure the child's safety and
8 resume permanent charge. After a caretaker has remained in the
9 home for a period not to exceed 12 hours, the Department must
10 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
11 5-415 of the Juvenile Court Act of 1987.
12 The Department shall have the authority, responsibilities
13 and duties that a legal custodian of the child would have
14 pursuant to subsection (9) of Section 1-3 of the Juvenile
15 Court Act of 1987. Whenever a child is taken into temporary
16 custody pursuant to an investigation under the Abused and
17 Neglected Child Reporting Act, or pursuant to a referral and
18 acceptance under the Juvenile Court Act of 1987 of a minor in
19 limited custody, the Department, during the period of
20 temporary custody and before the child is brought before a
21 judicial officer as required by Section 2-9, 3-11, 4-8, or
22 5-415 of the Juvenile Court Act of 1987, shall have the
23 authority, responsibilities and duties that a legal custodian
24 of the child would have under subsection (9) of Section 1-3 of
25 the Juvenile Court Act of 1987.
26 The Department shall ensure that any child taken into
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1 custody is scheduled for an appointment for a medical
2 examination.
3 A parent, guardian, or custodian of a child in the
4 temporary custody of the Department who would have custody of
5 the child if the child were not in the temporary custody of the
6 Department may deliver to the Department a signed request that
7 the Department surrender the temporary custody of the child.
8 The Department may retain temporary custody of the child for
9 10 days after the receipt of the request, during which period
10 the Department may cause to be filed a petition pursuant to the
11 Juvenile Court Act of 1987. If a petition is so filed, the
12 Department shall retain temporary custody of the child until
13 the court orders otherwise. If a petition is not filed within
14 the 10-day period, the child shall be surrendered to the
15 custody of the requesting parent, guardian, or custodian not
16 later than the expiration of the 10-day period, at which time
17 the authority and duties of the Department with respect to the
18 temporary custody of the child shall terminate.
19 (m-1) The Department may place children under 18 years of
20 age in a secure child care facility licensed by the Department
21 that cares for children who are in need of secure living
22 arrangements for their health, safety, and well-being after a
23 determination is made by the facility director and the
24 Director or the Director's designate prior to admission to the
25 facility subject to Section 2-27.1 of the Juvenile Court Act
26 of 1987. This subsection (m-1) does not apply to a child who is
HB3595 Enrolled - 79 - LRB104 08153 BAB 18201 b
1 subject to placement in a correctional facility operated
2 pursuant to Section 3-15-2 of the Unified Code of Corrections,
3 unless the child is a youth in care who was placed in the care
4 of the Department before being subject to placement in a
5 correctional facility and a court of competent jurisdiction
6 has ordered placement of the child in a secure care facility.
7 (n) The Department may place children under 18 years of
8 age in licensed child care facilities when in the opinion of
9 the Department, appropriate services aimed at family
10 preservation have been unsuccessful and cannot ensure the
11 child's health and safety or are unavailable and such
12 placement would be for their best interest. Payment for board,
13 clothing, care, training and supervision of any child placed
14 in a licensed child care facility may be made by the
15 Department, by the parents or guardians of the estates of
16 those children, or by both the Department and the parents or
17 guardians, except that no payments shall be made by the
18 Department for any child placed in a licensed child care
19 facility for board, clothing, care, training, and supervision
20 of such a child that exceed the average per capita cost of
21 maintaining and of caring for a child in institutions for
22 dependent or neglected children operated by the Department.
23 However, such restriction on payments does not apply in cases
24 where children require specialized care and treatment for
25 problems of severe emotional disturbance, physical disability,
26 social adjustment, or any combination thereof and suitable
HB3595 Enrolled - 80 - LRB104 08153 BAB 18201 b
1 facilities for the placement of such children are not
2 available at payment rates within the limitations set forth in
3 this Section. All reimbursements for services delivered shall
4 be absolutely inalienable by assignment, sale, attachment, or
5 garnishment or otherwise.
6 (n-1) The Department shall provide or authorize child
7 welfare services, aimed at assisting minors to achieve
8 sustainable self-sufficiency as independent adults, for any
9 minor eligible for the reinstatement of wardship pursuant to
10 subsection (2) of Section 2-33 of the Juvenile Court Act of
11 1987, whether or not such reinstatement is sought or allowed,
12 provided that the minor consents to such services and has not
13 yet attained the age of 21. The Department shall have
14 responsibility for the development and delivery of services
15 under this Section. An eligible youth may access services
16 under this Section through the Department of Children and
17 Family Services or by referral from the Department of Human
18 Services. Youth participating in services under this Section
19 shall cooperate with the assigned case manager in developing
20 an agreement identifying the services to be provided and how
21 the youth will increase skills to achieve self-sufficiency. A
22 homeless shelter is not considered appropriate housing for any
23 youth receiving child welfare services under this Section. The
24 Department shall continue child welfare services under this
25 Section to any eligible minor until the minor becomes 21 years
26 of age, no longer consents to participate, or achieves
HB3595 Enrolled - 81 - LRB104 08153 BAB 18201 b
1 self-sufficiency as identified in the minor's service plan.
2 The Department of Children and Family Services shall create
3 clear, readable notice of the rights of former foster youth to
4 child welfare services under this Section and how such
5 services may be obtained. The Department of Children and
6 Family Services and the Department of Human Services shall
7 disseminate this information statewide. The Department shall
8 adopt regulations describing services intended to assist
9 minors in achieving sustainable self-sufficiency as
10 independent adults.
11 (o) The Department shall establish an administrative
12 review and appeal process for children and families who
13 request or receive child welfare services from the Department.
14 Youth in care who are placed by private child welfare
15 agencies, and caregivers with whom those youth are placed,
16 shall be afforded the same procedural and appeal rights as
17 children and families in the case of placement by the
18 Department, including the right to an initial review of a
19 private agency decision by that agency. The Department shall
20 ensure that any private child welfare agency, which accepts
21 youth in care for placement, affords those rights to children
22 and caregivers with whom those children are placed. The
23 Department shall accept for administrative review and an
24 appeal hearing a complaint made by (i) a child or caregiver
25 with whom the child is placed concerning a decision following
26 an initial review by a private child welfare agency or (ii) a
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1 prospective adoptive parent who alleges a violation of
2 subsection (j-5) of this Section. An appeal of a decision
3 concerning a change in the placement of a child shall be
4 conducted in an expedited manner. A court determination that a
5 current placement is necessary and appropriate under Section
6 2-28 of the Juvenile Court Act of 1987 does not constitute a
7 judicial determination on the merits of an administrative
8 appeal, filed by a former caregiver, involving a change of
9 placement decision. No later than July 1, 2025, the Department
10 shall adopt rules to develop a reconsideration process to
11 review: a denial of certification of a relative, a denial of
12 placement with a relative, and a denial of visitation with an
13 identified relative. Rules shall include standards and
14 criteria for reconsideration that incorporate the best
15 interests of the child under subsection (4.05) of Section 1-3
16 of the Juvenile Court Act of 1987, address situations where
17 multiple relatives seek certification, and provide that all
18 rules regarding placement changes shall be followed. The rules
19 shall outline the essential elements of each form used in the
20 implementation and enforcement of the provisions of this
21 amendatory Act of the 103rd General Assembly.
22 (p) (Blank).
23 (q) The Department may receive and use, in their entirety,
24 for the benefit of children any gift, donation, or bequest of
25 money or other property which is received on behalf of such
26 children, or any financial benefits to which such children are
HB3595 Enrolled - 83 - LRB104 08153 BAB 18201 b
1 or may become entitled while under the jurisdiction or care of
2 the Department, except that the benefits described in Section
3 5.46 must be used and conserved consistent with the provisions
4 under Section 5.46.
5 The Department shall set up and administer no-cost,
6 interest-bearing accounts in appropriate financial
7 institutions for children for whom the Department is legally
8 responsible and who have been determined eligible for
9 Veterans' Benefits, Social Security benefits, assistance
10 allotments from the armed forces, court ordered payments,
11 parental voluntary payments, Supplemental Security Income,
12 Railroad Retirement payments, Black Lung benefits, or other
13 miscellaneous payments. Interest earned by each account shall
14 be credited to the account, unless disbursed in accordance
15 with this subsection.
16 In disbursing funds from children's accounts, the
17 Department shall:
18 (1) Establish standards in accordance with State and
19 federal laws for disbursing money from children's
20 accounts. In all circumstances, the Department's
21 Guardianship Administrator or the Guardianship
22 Administrator's designee must approve disbursements from
23 children's accounts. The Department shall be responsible
24 for keeping complete records of all disbursements for each
25 account for any purpose.
26 (2) Calculate on a monthly basis the amounts paid from
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1 State funds for the child's board and care, medical care
2 not covered under Medicaid, and social services; and
3 utilize funds from the child's account, as covered by
4 regulation, to reimburse those costs. Monthly,
5 disbursements from all children's accounts, up to 1/12 of
6 $13,000,000, shall be deposited by the Department into the
7 General Revenue Fund and the balance over 1/12 of
8 $13,000,000 into the DCFS Children's Services Fund.
9 (3) Maintain any balance remaining after reimbursing
10 for the child's costs of care, as specified in item (2).
11 The balance shall accumulate in accordance with relevant
12 State and federal laws and shall be disbursed to the child
13 or the child's guardian or to the issuing agency.
14 (r) The Department shall promulgate regulations
15 encouraging all adoption agencies to voluntarily forward to
16 the Department or its agent names and addresses of all persons
17 who have applied for and have been approved for adoption of a
18 hard-to-place child or child with a disability and the names
19 of such children who have not been placed for adoption. A list
20 of such names and addresses shall be maintained by the
21 Department or its agent, and coded lists which maintain the
22 confidentiality of the person seeking to adopt the child and
23 of the child shall be made available, without charge, to every
24 adoption agency in the State to assist the agencies in placing
25 such children for adoption. The Department may delegate to an
26 agent its duty to maintain and make available such lists. The
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1 Department shall ensure that such agent maintains the
2 confidentiality of the person seeking to adopt the child and
3 of the child.
4 (s) The Department of Children and Family Services may
5 establish and implement a program to reimburse caregivers
6 licensed, certified, or otherwise approved by the Department
7 of Children and Family Services for damages sustained by the
8 caregivers as a result of the malicious or negligent acts of
9 children placed by the Department, as well as providing third
10 party coverage for such caregivers with regard to actions of
11 children placed by the Department to other individuals. Such
12 coverage will be secondary to the caregiver's liability
13 insurance policy, if applicable. The program shall be funded
14 through appropriations from the General Revenue Fund,
15 specifically designated for such purposes.
16 (t) The Department shall perform home studies and
17 investigations and shall exercise supervision over visitation
18 as ordered by a court pursuant to the Illinois Marriage and
19 Dissolution of Marriage Act or the Adoption Act only if:
20 (1) an order entered by an Illinois court specifically
21 directs the Department to perform such services; and
22 (2) the court has ordered one or both of the parties to
23 the proceeding to reimburse the Department for its
24 reasonable costs for providing such services in accordance
25 with Department rules, or has determined that neither
26 party is financially able to pay.
HB3595 Enrolled - 86 - LRB104 08153 BAB 18201 b
1 The Department shall provide written notification to the
2 court of the specific arrangements for supervised visitation
3 and projected monthly costs within 60 days of the court order.
4 The Department shall send to the court information related to
5 the costs incurred except in cases where the court has
6 determined the parties are financially unable to pay. The
7 court may order additional periodic reports as appropriate.
8 (u) In addition to other information that must be
9 provided, whenever the Department places a child with a
10 prospective adoptive parent or parents, in a licensed foster
11 home, group home, or child care institution, in a relative
12 home, or in a certified relative caregiver home, the
13 Department shall provide to the caregiver, appropriate
14 facility staff, or prospective adoptive parent or parents:
15 (1) available detailed information concerning the
16 child's educational and health history, copies of
17 immunization records (including insurance and medical card
18 information), a history of the child's previous
19 placements, if any, and reasons for placement changes
20 excluding any information that identifies or reveals the
21 location of any previous caregiver or adoptive parents;
22 (2) a copy of the child's portion of the client
23 service plan, including any visitation arrangement, and
24 all amendments or revisions to it as related to the child;
25 and
26 (3) information containing details of the child's
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1 individualized educational plan when the child is
2 receiving special education services.
3 The caregiver, appropriate facility staff, or prospective
4 adoptive parent or parents, shall be informed of any known
5 social or behavioral information (including, but not limited
6 to, criminal background, fire setting, perpetuation of sexual
7 abuse, destructive behavior, and substance abuse) necessary to
8 care for and safeguard the children to be placed or currently
9 in the home or setting. The Department may prepare a written
10 summary of the information required by this paragraph, which
11 may be provided to the caregiver, appropriate facility staff,
12 or prospective adoptive parent in advance of a placement. The
13 caregiver, appropriate facility staff, or prospective adoptive
14 parent may review the supporting documents in the child's file
15 in the presence of casework staff. In the case of an emergency
16 placement, casework staff shall at least provide known
17 information verbally, if necessary, and must subsequently
18 provide the information in writing as required by this
19 subsection.
20 The information described in this subsection shall be
21 provided in writing. In the case of emergency placements when
22 time does not allow prior review, preparation, and collection
23 of written information, the Department shall provide such
24 information as it becomes available. Within 10 business days
25 after placement, the Department shall obtain from the
26 caregiver, appropriate facility staff, or prospective adoptive
HB3595 Enrolled - 88 - LRB104 08153 BAB 18201 b
1 parent or parents a signed verification of receipt of the
2 information provided. Within 10 business days after placement,
3 the Department shall provide to the child's guardian ad litem
4 a copy of the information provided to the caregiver,
5 appropriate facility staff, or prospective adoptive parent or
6 parents. The information provided to the caregiver,
7 appropriate facility staff, or prospective adoptive parent or
8 parents shall be reviewed and approved regarding accuracy at
9 the supervisory level.
10 (u-5) Beginning July 1, 2025, certified relative caregiver
11 homes under Section 3.4 of the Child Care Act of 1969 shall be
12 eligible to receive foster care maintenance payments from the
13 Department in an amount no less than payments made to licensed
14 foster family homes. Beginning July 1, 2025, relative homes
15 providing care to a child placed by the Department that are not
16 a certified relative caregiver home under Section 3.4 of the
17 Child Care Act of 1969 or a licensed foster family home shall
18 be eligible to receive payments from the Department in an
19 amount no less 90% of the payments made to licensed foster
20 family homes and certified relative caregiver homes.
21 (u-6) To assist relative and certified relative
22 caregivers, no later than July 1, 2025, the Department shall
23 adopt rules to implement a relative support program, as
24 follows:
25 (1) For relative and certified relative caregivers,
26 the Department is authorized to reimburse or prepay
HB3595 Enrolled - 89 - LRB104 08153 BAB 18201 b
1 reasonable expenditures to remedy home conditions
2 necessary to fulfill the home safety-related requirements
3 of relative caregiver homes.
4 (2) The Department may provide short-term emergency
5 funds to relative and certified relative caregiver homes
6 experiencing extreme hardships due to the difficulty and
7 stress associated with adding youth in care as new
8 household members.
9 (3) Consistent with federal law, the Department shall
10 include in any State Plan made in accordance with the
11 Adoption Assistance and Child Welfare Act of 1980, Titles
12 IV-E and XIX of the Social Security Act, and any other
13 applicable federal laws the provision of kinship navigator
14 program services. The Department shall apply for and
15 administer all relevant federal aid in accordance with
16 law. Federal funds acquired for the kinship navigator
17 program shall be used for the development, implementation,
18 and operation of kinship navigator program services. The
19 kinship navigator program services may provide
20 information, referral services, support, and assistance to
21 relative and certified relative caregivers of youth in
22 care to address their unique needs and challenges. Until
23 the Department is approved to receive federal funds for
24 these purposes, the Department shall publicly post on the
25 Department's website semi-annual updates regarding the
26 Department's progress in pursuing federal funding.
HB3595 Enrolled - 90 - LRB104 08153 BAB 18201 b
1 Whenever the Department publicly posts these updates on
2 its website, the Department shall notify the General
3 Assembly through the General Assembly's designee.
4 (u-7) To support finding permanency for children through
5 subsidized guardianship and adoption and to prevent disruption
6 in guardianship and adoptive placements, the Department shall
7 establish and maintain accessible subsidized guardianship and
8 adoption support services for all children under 18 years of
9 age placed in guardianship or adoption who, immediately
10 preceding the guardianship or adoption, were in the custody or
11 guardianship of the Department under Article II of the
12 Juvenile Court Act of 1987.
13 The Department shall establish and maintain a toll-free
14 number to respond to requests from the public about its
15 subsidized guardianship and adoption support services under
16 this subsection and shall staff the toll-free number so that
17 calls are answered on a timely basis, but in no event more than
18 one business day after the receipt of a request. These
19 requests from the public may be made anonymously. To meet this
20 obligation, the Department may utilize the same toll-free
21 number the Department operates to respond to post-adoption
22 requests under subsection (b-5) of Section 18.9 of the
23 Adoption Act. The Department shall publicize information about
24 the Department's subsidized guardianship support services and
25 toll-free number as follows:
26 (1) it shall post information on the Department's
HB3595 Enrolled - 91 - LRB104 08153 BAB 18201 b
1 website;
2 (2) it shall provide the information to every licensed
3 child welfare agency and any entity providing subsidized
4 guardianship support services in Illinois courts;
5 (3) it shall reference such information in the
6 materials the Department provides to caregivers pursuing
7 subsidized guardianship to inform them of their rights and
8 responsibilities under the Child Care Act of 1969 and this
9 Act;
10 (4) it shall provide the information, including the
11 Department's Post Adoption and Guardianship Services
12 booklet, to eligible caregivers as part of its
13 guardianship training and at the time they are presented
14 with the Permanency Commitment form;
15 (5) it shall include, in each annual notification
16 letter mailed to subsidized guardians, a short, 2-sided
17 flier or news bulletin in plain language that describes
18 access to post-guardianship services, how to access
19 services under the Family Support Program, formerly known
20 as the Individual Care Grant Program, the webpage address
21 to the Post Adoption and Guardianship Services booklet,
22 information on how to request that a copy of the booklet be
23 mailed; and
24 (6) it shall ensure that kinship navigator programs of
25 this State, when established, have this information to
26 include in materials the programs provide to caregivers.
HB3595 Enrolled - 92 - LRB104 08153 BAB 18201 b
1 No later than July 1, 2026, the Department shall provide a
2 mechanism for the public to make information requests by
3 electronic means.
4 The Department shall review and update annually all
5 information relating to its subsidized guardianship support
6 services, including its Post Adoption and Guardianship
7 Services booklet, to include updated information on Family
8 Support Program services eligibility and subsidized
9 guardianship support services that are available through the
10 medical assistance program established under Article V of the
11 Illinois Public Aid Code or any other State program for mental
12 health services. The Department and the Department of
13 Healthcare and Family Services shall coordinate their efforts
14 in the development of these resources.
15 Every licensed child welfare agency and any entity
16 providing kinship navigator programs funded by the Department
17 shall provide the Department's website address and link to the
18 Department's subsidized guardianship support services
19 information set forth in subsection (d), including the
20 Department's toll-free number, to every relative who is or
21 will be providing guardianship placement for a child placed by
22 the Department.
23 (v) The Department shall access criminal history record
24 information as defined in the Illinois Uniform Conviction
25 Information Act and information maintained in the adjudicatory
26 and dispositional record system as defined in Section 2605-355
HB3595 Enrolled - 93 - LRB104 08153 BAB 18201 b
1 of the Illinois State Police Law if the Department determines
2 the information is necessary to perform its duties under the
3 Abused and Neglected Child Reporting Act, the Child Care Act
4 of 1969, and the Children and Family Services Act. The
5 Department shall provide for interactive computerized
6 communication and processing equipment that permits direct
7 on-line communication with the Illinois State Police's central
8 criminal history data repository. The Department shall comply
9 with all certification requirements and provide certified
10 operators who have been trained by personnel from the Illinois
11 State Police. In addition, one Office of the Inspector General
12 investigator shall have training in the use of the criminal
13 history information access system and have access to the
14 terminal. The Department of Children and Family Services and
15 its employees shall abide by rules and regulations established
16 by the Illinois State Police relating to the access and
17 dissemination of this information.
18 (v-1) Prior to final approval for placement of a child
19 with a foster or adoptive parent, the Department shall conduct
20 a criminal records background check of the prospective foster
21 or adoptive parent, including fingerprint-based checks of
22 national crime information databases. Final approval for
23 placement shall not be granted if the record check reveals a
24 felony conviction for child abuse or neglect, for spousal
25 abuse, for a crime against children, or for a crime involving
26 violence, including human trafficking, sex trafficking, rape,
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1 sexual assault, or homicide, but not including other physical
2 assault or battery, or if there is a felony conviction for
3 physical assault, battery, or a drug-related offense committed
4 within the past 5 years.
5 (v-2) Prior to final approval for placement of a child
6 with a foster or adoptive parent, the Department shall check
7 its child abuse and neglect registry for information
8 concerning prospective foster and adoptive parents, and any
9 adult living in the home. If any prospective foster or
10 adoptive parent or other adult living in the home has resided
11 in another state in the preceding 5 years, the Department
12 shall request a check of that other state's child abuse and
13 neglect registry.
14 (v-3) Prior to the final approval of final placement of a
15 related child in a certified relative caregiver home as
16 defined in Section 2.37 of the Child Care Act of 1969, the
17 Department shall ensure that the background screening meets
18 the standards required under subsection (c) of Section 3.4 of
19 the Child Care Act of 1969.
20 (v-4) Prior to final approval for placement of a child
21 with a relative, as defined in Section 4d of this Act, who is
22 not a licensed foster parent, has declined to seek approval to
23 be a certified relative caregiver, or was denied approval as a
24 certified relative caregiver, the Department shall:
25 (i) check the child abuse and neglect registry for
26 information concerning the prospective relative caregiver
HB3595 Enrolled - 95 - LRB104 08153 BAB 18201 b
1 and any other adult living in the home. If any prospective
2 relative caregiver or other adult living in the home has
3 resided in another state in the preceding 5 years, the
4 Department shall request a check of that other state's
5 child abuse and neglect registry; and
6 (ii) conduct a criminal records background check of
7 the prospective relative caregiver and all other adults
8 living in the home, including fingerprint-based checks of
9 national crime information databases. Final approval for
10 placement shall not be granted if the record check reveals
11 a felony conviction for child abuse or neglect, for
12 spousal abuse, for a crime against children, or for a
13 crime involving violence, including human trafficking, sex
14 trafficking, rape, sexual assault, or homicide, but not
15 including other physical assault or battery, or if there
16 is a felony conviction for physical assault, battery, or a
17 drug-related offense committed within the past 5 years;
18 provided however, that the Department is empowered to
19 grant a waiver as the Department may provide by rule, and
20 the Department approves the request for the waiver based
21 on a comprehensive evaluation of the caregiver and
22 household members and the conditions relating to the
23 safety of the placement.
24 No later than July 1, 2025, the Department shall adopt
25 rules or revise existing rules to effectuate the changes made
26 to this subsection (v-4). The rules shall outline the
HB3595 Enrolled - 96 - LRB104 08153 BAB 18201 b
1 essential elements of each form used in the implementation and
2 enforcement of the provisions of this amendatory Act of the
3 103rd General Assembly.
4 (w) (Blank).
5 (x) The Department shall conduct annual credit history
6 checks to determine the financial history of children placed
7 under its guardianship pursuant to the Juvenile Court Act of
8 1987. The Department shall conduct such credit checks starting
9 when a youth in care turns 12 years old and each year
10 thereafter for the duration of the guardianship as terminated
11 pursuant to the Juvenile Court Act of 1987. The Department
12 shall determine if financial exploitation of the child's
13 personal information has occurred. If financial exploitation
14 appears to have taken place or is presently ongoing, the
15 Department shall notify the proper law enforcement agency, the
16 proper State's Attorney, or the Attorney General.
17 (y) Beginning on July 22, 2010 (the effective date of
18 Public Act 96-1189), a child with a disability who receives
19 residential and educational services from the Department shall
20 be eligible to receive transition services in accordance with
21 Article 14 of the School Code from the age of 14.5 through age
22 21, inclusive, notwithstanding the child's residential
23 services arrangement. For purposes of this subsection, "child
24 with a disability" means a child with a disability as defined
25 by the federal Individuals with Disabilities Education
26 Improvement Act of 2004.
HB3595 Enrolled - 97 - LRB104 08153 BAB 18201 b
1 (z) The Department shall access criminal history record
2 information as defined as "background information" in this
3 subsection and criminal history record information as defined
4 in the Illinois Uniform Conviction Information Act for each
5 Department employee or Department applicant. Each Department
6 employee or Department applicant shall submit the employee's
7 or applicant's fingerprints to the Illinois State Police in
8 the form and manner prescribed by the Illinois State Police.
9 These fingerprints shall be checked against the fingerprint
10 records now and hereafter filed in the Illinois State Police
11 and the Federal Bureau of Investigation criminal history
12 records databases. The Illinois State Police shall charge a
13 fee for conducting the criminal history record check, which
14 shall be deposited into the State Police Services Fund and
15 shall not exceed the actual cost of the record check. The
16 Illinois State Police shall furnish, pursuant to positive
17 identification, all Illinois conviction information to the
18 Department of Children and Family Services.
19 For purposes of this subsection:
20 "Background information" means all of the following:
21 (i) Upon the request of the Department of Children and
22 Family Services, conviction information obtained from the
23 Illinois State Police as a result of a fingerprint-based
24 criminal history records check of the Illinois criminal
25 history records database and the Federal Bureau of
26 Investigation criminal history records database concerning
HB3595 Enrolled - 98 - LRB104 08153 BAB 18201 b
1 a Department employee or Department applicant.
2 (ii) Information obtained by the Department of
3 Children and Family Services after performing a check of
4 the Illinois State Police's Sex Offender Database, as
5 authorized by Section 120 of the Sex Offender Community
6 Notification Law, concerning a Department employee or
7 Department applicant.
8 (iii) Information obtained by the Department of
9 Children and Family Services after performing a check of
10 the Child Abuse and Neglect Tracking System (CANTS)
11 operated and maintained by the Department.
12 "Department employee" means a full-time or temporary
13 employee coded or certified within the State of Illinois
14 Personnel System.
15 "Department applicant" means an individual who has
16 conditional Department full-time or part-time work, a
17 contractor, an individual used to replace or supplement staff,
18 an academic intern, a volunteer in Department offices or on
19 Department contracts, a work-study student, an individual or
20 entity licensed by the Department, or an unlicensed service
21 provider who works as a condition of a contract or an agreement
22 and whose work may bring the unlicensed service provider into
23 contact with Department clients or client records.
24 (aa) The changes made to this Section by Public Act
25 104-165 this amendatory Act of the 104th General Assembly are
26 declarative of existing law and are not a new enactment.
HB3595 Enrolled - 99 - LRB104 08153 BAB 18201 b
1 (Source: P.A. 103-22, eff. 8-8-23; 103-50, eff. 1-1-24;
2 103-546, eff. 8-11-23; 103-605, eff. 7-1-24; 103-1061, eff.
3 7-1-25; 104-165, eff. 8-15-25; revised 9-11-25.)
4 (Text of Section after amendment by P.A. 104-107)
5 Sec. 5. Direct child welfare services; Department of
6 Children and Family Services. To provide direct child welfare
7 services when not available through other public or private
8 child care or program facilities.
9 (a) For purposes of this Section:
10 (1) "Children" means persons found within the State
11 who are under the age of 18 years. The term also includes
12 persons under age 21 who:
13 (A) were committed to the Department pursuant to
14 the Juvenile Court Act or the Juvenile Court Act of
15 1987 and who continue under the jurisdiction of the
16 court; or
17 (B) were accepted for care, service and training
18 by the Department prior to the age of 18 and whose best
19 interest in the discretion of the Department would be
20 served by continuing that care, service and training
21 because of severe emotional disturbances, physical
22 disability, social adjustment or any combination
23 thereof, or because of the need to complete an
24 educational or vocational training program.
25 (2) "Homeless youth" means persons found within the
HB3595 Enrolled - 100 - LRB104 08153 BAB 18201 b
1 State who are under the age of 19, are not in a safe and
2 stable living situation and cannot be reunited with their
3 families.
4 (3) "Child welfare services" means public social
5 services which are directed toward the accomplishment of
6 the following purposes:
7 (A) protecting and promoting the health, safety
8 and welfare of children, including homeless,
9 dependent, or neglected children;
10 (B) remedying, or assisting in the solution of
11 problems which may result in, the neglect, abuse,
12 exploitation, or delinquency of children;
13 (C) preventing the unnecessary separation of
14 children from their families by identifying family
15 problems, assisting families in resolving their
16 problems, and preventing the breakup of the family
17 where the prevention of child removal is desirable and
18 possible when the child can be cared for at home
19 without endangering the child's health and safety;
20 (D) restoring to their families children who have
21 been removed, by the provision of services to the
22 child and the families when the child can be cared for
23 at home without endangering the child's health and
24 safety;
25 (E) placing children in suitable permanent family
26 arrangements, through guardianship or adoption, in
HB3595 Enrolled - 101 - LRB104 08153 BAB 18201 b
1 cases where restoration to the birth family is not
2 safe, possible, or appropriate;
3 (F) at the time of placement, conducting
4 concurrent planning, as described in subsection (l-1)
5 of this Section, so that permanency may occur at the
6 earliest opportunity. Consideration should be given so
7 that if reunification fails or is delayed, the
8 placement made is the best available placement to
9 provide permanency for the child;
10 (F-1) preparing adolescents to successfully
11 transition to independence, including transition
12 planning for youth who qualify for a guardian as a
13 person with a disability under Article XIa of the
14 Probate Act of 1975;
15 (G) (blank);
16 (H) (blank); and
17 (I) placing and maintaining children in facilities
18 that provide separate living quarters for children
19 under the age of 18 and for children 18 years of age
20 and older, unless a child 18 years of age is in the
21 last year of high school education or vocational
22 training, in an approved individual or group treatment
23 program, in a licensed shelter facility, or secure
24 child care facility. The Department is not required to
25 place or maintain children:
26 (i) who are in a foster home, or
HB3595 Enrolled - 102 - LRB104 08153 BAB 18201 b
1 (ii) who are persons with a developmental
2 disability, as defined in the Mental Health and
3 Developmental Disabilities Code, or
4 (iii) who are female children who are
5 pregnant, pregnant and parenting, or parenting, or
6 (iv) who are siblings, in facilities that
7 provide separate living quarters for children 18
8 years of age and older and for children under 18
9 years of age.
10 (b) (Blank).
11 (b-5) The Department shall adopt rules to establish a
12 process for all licensed residential providers in Illinois to
13 submit data as required by the Department if they contract or
14 receive reimbursement for children's mental health, substance
15 use, and developmental disability services from the Department
16 of Human Services, the Department of Juvenile Justice, or the
17 Department of Healthcare and Family Services. The requested
18 data must include, but is not limited to, capacity, staffing,
19 and occupancy data for the purpose of establishing State need
20 and placement availability.
21 All information collected, shared, or stored pursuant to
22 this subsection shall be handled in accordance with all State
23 and federal privacy laws and accompanying regulations and
24 rules, including, without limitation, the federal Health
25 Insurance Portability and Accountability Act of 1996 (Public
26 Law 104-191) and the Mental Health and Developmental
HB3595 Enrolled - 103 - LRB104 08153 BAB 18201 b
1 Disabilities Confidentiality Act.
2 (c) The Department shall establish and maintain
3 tax-supported child welfare services and extend and seek to
4 improve voluntary services throughout the State, to the end
5 that services and care shall be available on an equal basis
6 throughout the State to children requiring such services.
7 (d) The Director may authorize advance disbursements for
8 any new program initiative to any agency contracting with the
9 Department. As a prerequisite for an advance disbursement, the
10 contractor must post a surety bond in the amount of the advance
11 disbursement and have a purchase of service contract approved
12 by the Department. The Department may pay up to 2 months
13 operational expenses in advance. The amount of the advance
14 disbursement shall be prorated over the life of the contract
15 or the remaining months of the fiscal year, whichever is less,
16 and the installment amount shall then be deducted from future
17 bills. Advance disbursement authorizations for new initiatives
18 shall not be made to any agency after that agency has operated
19 during 2 consecutive fiscal years. The requirements of this
20 Section concerning advance disbursements shall not apply with
21 respect to the following: payments to local public agencies
22 for child early care and education day care services as
23 authorized by Section 5a of this Act; and youth service
24 programs receiving grant funds under Section 17a-4.
25 (e) (Blank).
26 (f) (Blank).
HB3595 Enrolled - 104 - LRB104 08153 BAB 18201 b
1 (g) The Department shall establish rules and regulations
2 concerning its operation of programs designed to meet the
3 goals of child safety and protection, family preservation, and
4 permanency, including, but not limited to:
5 (1) reunification, guardianship, and adoption;
6 (2) relative and licensed foster care;
7 (3) family counseling;
8 (4) protective services;
9 (5) (blank);
10 (6) homemaker service;
11 (7) return of runaway children;
12 (8) (blank);
13 (9) placement under Section 5-7 of the Juvenile Court
14 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
15 Court Act of 1987 in accordance with the federal Adoption
16 Assistance and Child Welfare Act of 1980;
17 (10) interstate services; and
18 (11) transition planning for youth aging out of care.
19 Rules and regulations established by the Department shall
20 include provisions for training Department staff and the staff
21 of Department grantees, through contracts with other agencies
22 or resources, in screening techniques to identify substance
23 use disorders, as defined in the Substance Use Disorder Act,
24 approved by the Department of Human Services, as a successor
25 to the Department of Alcoholism and Substance Abuse, for the
26 purpose of identifying children and adults who should be
HB3595 Enrolled - 105 - LRB104 08153 BAB 18201 b
1 referred for an assessment at an organization appropriately
2 licensed by the Department of Human Services for substance use
3 disorder treatment.
4 (h) If the Department finds that there is no appropriate
5 program or facility within or available to the Department for
6 a youth in care and that no licensed private facility has an
7 adequate and appropriate program or none agrees to accept the
8 youth in care, the Department shall create an appropriate
9 individualized, program-oriented plan for such youth in care.
10 The plan may be developed within the Department or through
11 purchase of services by the Department to the extent that it is
12 within its statutory authority to do.
13 (i) Service programs shall be available throughout the
14 State and shall include but not be limited to the following
15 services:
16 (1) case management;
17 (2) homemakers;
18 (3) counseling;
19 (4) parent education;
20 (5) early care and education day care;
21 (6) emergency assistance and advocacy; and
22 (7) kinship navigator and relative caregiver supports.
23 In addition, the following services may be made available
24 to assess and meet the needs of children and families:
25 (1) comprehensive family-based services;
26 (2) assessments;
HB3595 Enrolled - 106 - LRB104 08153 BAB 18201 b
1 (3) respite care; and
2 (4) in-home health services.
3 The Department shall provide transportation for any of the
4 services it makes available to children or families or for
5 which it refers children or families.
6 (j) The Department may provide categories of financial
7 assistance and education assistance grants, and shall
8 establish rules and regulations concerning the assistance and
9 grants, to persons who adopt or become subsidized guardians of
10 children with physical or mental disabilities, children who
11 are older, or other hard-to-place children who (i) immediately
12 prior to their adoption or subsidized guardianship were youth
13 in care or (ii) were determined eligible for financial
14 assistance with respect to a prior adoption and who become
15 available for adoption because the prior adoption has been
16 dissolved and the parental rights of the adoptive parents have
17 been terminated or because the child's adoptive parents have
18 died. The Department may continue to provide financial
19 assistance and education assistance grants for a child who was
20 determined eligible for financial assistance under this
21 subsection (j) in the interim period beginning when the
22 child's adoptive parents died and ending with the finalization
23 of the new adoption of the child by another adoptive parent or
24 parents. The Department may also provide categories of
25 financial assistance and education assistance grants, and
26 shall establish rules and regulations for the assistance and
HB3595 Enrolled - 107 - LRB104 08153 BAB 18201 b
1 grants, to persons appointed guardian of the person under
2 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
3 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
4 who were youth in care for 12 months immediately prior to the
5 appointment of the guardian.
6 The amount of assistance may vary, depending upon the
7 needs of the child and the adoptive parents or subsidized
8 guardians, as set forth in the annual assistance agreement.
9 Special purpose grants are allowed where the child requires
10 special service but such costs may not exceed the amounts
11 which similar services would cost the Department if it were to
12 provide or secure them as guardian of the child.
13 Any financial assistance provided under this subsection is
14 inalienable by assignment, sale, execution, attachment,
15 garnishment, or any other remedy for recovery or collection of
16 a judgment or debt.
17 (j-5) The Department shall not deny or delay the placement
18 of a child for adoption if an approved family is available
19 either outside of the Department region handling the case, or
20 outside of the State of Illinois.
21 (k) The Department shall accept for care and training any
22 child who has been adjudicated neglected or abused, or
23 dependent committed to it pursuant to the Juvenile Court Act
24 or the Juvenile Court Act of 1987.
25 (l) The Department shall offer family preservation
26 services, as defined in Section 8.2 of the Abused and
HB3595 Enrolled - 108 - LRB104 08153 BAB 18201 b
1 Neglected Child Reporting Act, to help families, including
2 adoptive and extended families. Family preservation services
3 shall be offered (i) to prevent the placement of children in
4 substitute care when the children can be cared for at home or
5 in the custody of the person responsible for the children's
6 welfare, (ii) to reunite children with their families, or
7 (iii) to maintain an adoption or subsidized guardianship.
8 Family preservation services shall only be offered when doing
9 so will not endanger the children's health or safety. With
10 respect to children who are in substitute care pursuant to the
11 Juvenile Court Act of 1987, family preservation services shall
12 not be offered if a goal other than those of subdivisions (A),
13 (B), or (B-1) of subsection (2.3) of Section 2-28 of that Act
14 has been set, except that reunification services may be
15 offered as provided in paragraph (F) of subsection (2.3) of
16 Section 2-28 of that Act. Nothing in this paragraph shall be
17 construed to create a private right of action or claim on the
18 part of any individual or child welfare agency, except that
19 when a child is the subject of an action under Article II of
20 the Juvenile Court Act of 1987 and the child's service plan
21 calls for services to facilitate achievement of the permanency
22 goal, the court hearing the action under Article II of the
23 Juvenile Court Act of 1987 may order the Department to provide
24 the services set out in the plan, if those services are not
25 provided with reasonable promptness and if those services are
26 available.
HB3595 Enrolled - 109 - LRB104 08153 BAB 18201 b
1 The Department shall notify the child and the child's
2 family of the Department's responsibility to offer and provide
3 family preservation services as identified in the service
4 plan. The child and the child's family shall be eligible for
5 services as soon as the report is determined to be
6 "indicated". The Department may offer services to any child or
7 family with respect to whom a report of suspected child abuse
8 or neglect has been filed, prior to concluding its
9 investigation under Section 7.12 of the Abused and Neglected
10 Child Reporting Act. However, the child's or family's
11 willingness to accept services shall not be considered in the
12 investigation. The Department may also provide services to any
13 child or family who is the subject of any report of suspected
14 child abuse or neglect or may refer such child or family to
15 services available from other agencies in the community, even
16 if the report is determined to be unfounded, if the conditions
17 in the child's or family's home are reasonably likely to
18 subject the child or family to future reports of suspected
19 child abuse or neglect. Acceptance of such services shall be
20 voluntary. The Department may also provide services to any
21 child or family after completion of a family assessment, as an
22 alternative to an investigation, as provided under the
23 "differential response program" provided for in subsection
24 (a-5) of Section 7.4 of the Abused and Neglected Child
25 Reporting Act.
26 The Department may, at its discretion except for those
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1 children also adjudicated neglected or dependent, accept for
2 care and training any child who has been adjudicated addicted,
3 as a truant minor in need of supervision or as a minor
4 requiring authoritative intervention, under the Juvenile Court
5 Act or the Juvenile Court Act of 1987, but no such child shall
6 be committed to the Department by any court without the
7 approval of the Department. On and after January 1, 2015 (the
8 effective date of Public Act 98-803) and before January 1,
9 2017, a minor charged with a criminal offense under the
10 Criminal Code of 1961 or the Criminal Code of 2012 or
11 adjudicated delinquent shall not be placed in the custody of
12 or committed to the Department by any court, except (i) a minor
13 less than 16 years of age committed to the Department under
14 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
15 for whom an independent basis of abuse, neglect, or dependency
16 exists, which must be defined by departmental rule, or (iii) a
17 minor for whom the court has granted a supplemental petition
18 to reinstate wardship pursuant to subsection (2) of Section
19 2-33 of the Juvenile Court Act of 1987. On and after January 1,
20 2017, a minor charged with a criminal offense under the
21 Criminal Code of 1961 or the Criminal Code of 2012 or
22 adjudicated delinquent shall not be placed in the custody of
23 or committed to the Department by any court, except (i) a minor
24 less than 15 years of age committed to the Department under
25 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
26 for whom an independent basis of abuse, neglect, or dependency
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1 exists, which must be defined by departmental rule, or (iii) a
2 minor for whom the court has granted a supplemental petition
3 to reinstate wardship pursuant to subsection (2) of Section
4 2-33 of the Juvenile Court Act of 1987. An independent basis
5 exists when the allegations or adjudication of abuse, neglect,
6 or dependency do not arise from the same facts, incident, or
7 circumstances which give rise to a charge or adjudication of
8 delinquency. The Department shall assign a caseworker to
9 attend any hearing involving a youth in the care and custody of
10 the Department who is placed on aftercare release, including
11 hearings involving sanctions for violation of aftercare
12 release conditions and aftercare release revocation hearings.
13 As soon as is possible, the Department shall develop and
14 implement a special program of family preservation services to
15 support intact, relative, foster, and adoptive families who
16 are experiencing extreme hardships due to the difficulty and
17 stress of caring for a child who has been diagnosed with a
18 pervasive developmental disorder if the Department determines
19 that those services are necessary to ensure the health and
20 safety of the child. The Department may offer services to any
21 family whether or not a report has been filed under the Abused
22 and Neglected Child Reporting Act. The Department may refer
23 the child or family to services available from other agencies
24 in the community if the conditions in the child's or family's
25 home are reasonably likely to subject the child or family to
26 future reports of suspected child abuse or neglect. Acceptance
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1 of these services shall be voluntary. The Department shall
2 develop and implement a public information campaign to alert
3 health and social service providers and the general public
4 about these special family preservation services. The nature
5 and scope of the services offered and the number of families
6 served under the special program implemented under this
7 paragraph shall be determined by the level of funding that the
8 Department annually allocates for this purpose. The term
9 "pervasive developmental disorder" under this paragraph means
10 a neurological condition, including, but not limited to,
11 Asperger's Syndrome and autism, as defined in the most recent
12 edition of the Diagnostic and Statistical Manual of Mental
13 Disorders of the American Psychiatric Association.
14 (l-1) The General Assembly recognizes that the best
15 interests of the child require that the child be placed in the
16 most permanent living arrangement that is an appropriate
17 option for the child, consistent with the child's best
18 interest, using the factors set forth in subsection (4.05) of
19 Section 1-3 of the Juvenile Court Act of 1987 as soon as is
20 practically possible. To achieve this goal, the General
21 Assembly directs the Department of Children and Family
22 Services to conduct concurrent planning so that permanency may
23 occur at the earliest opportunity. Permanent living
24 arrangements may include prevention of placement of a child
25 outside the home of the family when the child can be cared for
26 at home without endangering the child's health or safety;
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1 reunification with the family, when safe and appropriate, if
2 temporary placement is necessary; or movement of the child
3 toward the most appropriate living arrangement and legal
4 status.
5 When determining reasonable efforts to be made with
6 respect to a child, as described in this subsection, and in
7 making such reasonable efforts, the child's health and safety
8 shall be the paramount concern.
9 When a child is placed in foster care, the Department
10 shall ensure and document that reasonable efforts were made to
11 prevent or eliminate the need to remove the child from the
12 child's home. The Department must make reasonable efforts to
13 reunify the family when temporary placement of the child
14 occurs unless otherwise required, pursuant to the Juvenile
15 Court Act of 1987. At any time after the dispositional hearing
16 where the Department believes that further reunification
17 services would be ineffective, it may request a finding from
18 the court that reasonable efforts are no longer appropriate.
19 The Department is not required to provide further
20 reunification services after such a finding.
21 A decision to place a child in substitute care shall be
22 made with considerations of the child's health, safety, and
23 best interests. The Department shall make diligent efforts to
24 place the child with a relative, document those diligent
25 efforts, and document reasons for any failure or inability to
26 secure such a relative placement. If the primary issue
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1 preventing an emergency placement of a child with a relative
2 is a lack of resources, including, but not limited to,
3 concrete goods, safety modifications, and services, the
4 Department shall make diligent efforts to assist the relative
5 in obtaining the necessary resources. No later than July 1,
6 2025, the Department shall adopt rules defining what is
7 diligent and necessary in providing supports to potential
8 relative placements. At the time of placement, consideration
9 should also be given so that if reunification fails or is
10 delayed, the placement has the potential to be an appropriate
11 permanent placement for the child.
12 The Department shall adopt rules addressing concurrent
13 planning for reunification and permanency. The Department
14 shall consider the following factors when determining
15 appropriateness of concurrent planning:
16 (1) the likelihood of prompt reunification;
17 (2) the past history of the family;
18 (3) the barriers to reunification being addressed by
19 the family;
20 (4) the level of cooperation of the family;
21 (4.5) the child's wishes;
22 (5) the caregivers' willingness to work with the
23 family to reunite;
24 (6) the willingness and ability of the caregivers
25 caregivers' to provide a permanent placement;
26 (7) the age of the child;
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1 (8) placement of siblings; and
2 (9) the wishes of the parent or parents unless the
3 parental preferences are contrary to the best interests of
4 the child.
5 (m) The Department may assume temporary custody of any
6 child if:
7 (1) it has received a written consent to such
8 temporary custody signed by the parents of the child or by
9 the parent having custody of the child if the parents are
10 not living together or by the guardian or custodian of the
11 child if the child is not in the custody of either parent,
12 or
13 (2) the child is found in the State and neither a
14 parent, guardian nor custodian of the child can be
15 located.
16 If the child is found in the child's residence without a
17 parent, guardian, custodian, or responsible caretaker, the
18 Department may, instead of removing the child and assuming
19 temporary custody, place an authorized representative of the
20 Department in that residence until such time as a parent,
21 guardian, or custodian enters the home and expresses a
22 willingness and apparent ability to ensure the child's health
23 and safety and resume permanent charge of the child, or until a
24 relative enters the home and is willing and able to ensure the
25 child's health and safety and assume charge of the child until
26 a parent, guardian, or custodian enters the home and expresses
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1 such willingness and ability to ensure the child's safety and
2 resume permanent charge. After a caretaker has remained in the
3 home for a period not to exceed 12 hours, the Department must
4 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5 5-415 of the Juvenile Court Act of 1987.
6 The Department shall have the authority, responsibilities
7 and duties that a legal custodian of the child would have
8 pursuant to subsection (9) of Section 1-3 of the Juvenile
9 Court Act of 1987. Whenever a child is taken into temporary
10 custody pursuant to an investigation under the Abused and
11 Neglected Child Reporting Act, or pursuant to a referral and
12 acceptance under the Juvenile Court Act of 1987 of a minor in
13 limited custody, the Department, during the period of
14 temporary custody and before the child is brought before a
15 judicial officer as required by Section 2-9, 3-11, 4-8, or
16 5-415 of the Juvenile Court Act of 1987, shall have the
17 authority, responsibilities and duties that a legal custodian
18 of the child would have under subsection (9) of Section 1-3 of
19 the Juvenile Court Act of 1987.
20 The Department shall ensure that any child taken into
21 custody is scheduled for an appointment for a medical
22 examination.
23 A parent, guardian, or custodian of a child in the
24 temporary custody of the Department who would have custody of
25 the child if the child were not in the temporary custody of the
26 Department may deliver to the Department a signed request that
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1 the Department surrender the temporary custody of the child.
2 The Department may retain temporary custody of the child for
3 10 days after the receipt of the request, during which period
4 the Department may cause to be filed a petition pursuant to the
5 Juvenile Court Act of 1987. If a petition is so filed, the
6 Department shall retain temporary custody of the child until
7 the court orders otherwise. If a petition is not filed within
8 the 10-day period, the child shall be surrendered to the
9 custody of the requesting parent, guardian, or custodian not
10 later than the expiration of the 10-day period, at which time
11 the authority and duties of the Department with respect to the
12 temporary custody of the child shall terminate.
13 (m-1) The Department may place children under 18 years of
14 age in a secure child care facility licensed by the Department
15 that cares for children who are in need of secure living
16 arrangements for their health, safety, and well-being after a
17 determination is made by the facility director and the
18 Director or the Director's designate prior to admission to the
19 facility subject to Section 2-27.1 of the Juvenile Court Act
20 of 1987. This subsection (m-1) does not apply to a child who is
21 subject to placement in a correctional facility operated
22 pursuant to Section 3-15-2 of the Unified Code of Corrections,
23 unless the child is a youth in care who was placed in the care
24 of the Department before being subject to placement in a
25 correctional facility and a court of competent jurisdiction
26 has ordered placement of the child in a secure care facility.
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1 (n) The Department may place children under 18 years of
2 age in licensed child care facilities when in the opinion of
3 the Department, appropriate services aimed at family
4 preservation have been unsuccessful and cannot ensure the
5 child's health and safety or are unavailable and such
6 placement would be for their best interest. Payment for board,
7 clothing, care, training and supervision of any child placed
8 in a licensed child care facility may be made by the
9 Department, by the parents or guardians of the estates of
10 those children, or by both the Department and the parents or
11 guardians, except that no payments shall be made by the
12 Department for any child placed in a licensed child care
13 facility for board, clothing, care, training, and supervision
14 of such a child that exceed the average per capita cost of
15 maintaining and of caring for a child in institutions for
16 dependent or neglected children operated by the Department.
17 However, such restriction on payments does not apply in cases
18 where children require specialized care and treatment for
19 problems of severe emotional disturbance, physical disability,
20 social adjustment, or any combination thereof and suitable
21 facilities for the placement of such children are not
22 available at payment rates within the limitations set forth in
23 this Section. All reimbursements for services delivered shall
24 be absolutely inalienable by assignment, sale, attachment, or
25 garnishment or otherwise.
26 (n-1) The Department shall provide or authorize child
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1 welfare services, aimed at assisting minors to achieve
2 sustainable self-sufficiency as independent adults, for any
3 minor eligible for the reinstatement of wardship pursuant to
4 subsection (2) of Section 2-33 of the Juvenile Court Act of
5 1987, whether or not such reinstatement is sought or allowed,
6 provided that the minor consents to such services and has not
7 yet attained the age of 21. The Department shall have
8 responsibility for the development and delivery of services
9 under this Section. An eligible youth may access services
10 under this Section through the Department of Children and
11 Family Services or by referral from the Department of Human
12 Services. Youth participating in services under this Section
13 shall cooperate with the assigned case manager in developing
14 an agreement identifying the services to be provided and how
15 the youth will increase skills to achieve self-sufficiency. A
16 homeless shelter is not considered appropriate housing for any
17 youth receiving child welfare services under this Section. The
18 Department shall continue child welfare services under this
19 Section to any eligible minor until the minor becomes 21 years
20 of age, no longer consents to participate, or achieves
21 self-sufficiency as identified in the minor's service plan.
22 The Department of Children and Family Services shall create
23 clear, readable notice of the rights of former foster youth to
24 child welfare services under this Section and how such
25 services may be obtained. The Department of Children and
26 Family Services and the Department of Human Services shall
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1 disseminate this information statewide. The Department shall
2 adopt regulations describing services intended to assist
3 minors in achieving sustainable self-sufficiency as
4 independent adults.
5 (o) The Department shall establish an administrative
6 review and appeal process for children and families who
7 request or receive child welfare services from the Department.
8 Youth in care who are placed by private child welfare
9 agencies, and caregivers with whom those youth are placed,
10 shall be afforded the same procedural and appeal rights as
11 children and families in the case of placement by the
12 Department, including the right to an initial review of a
13 private agency decision by that agency. The Department shall
14 ensure that any private child welfare agency, which accepts
15 youth in care for placement, affords those rights to children
16 and caregivers with whom those children are placed. The
17 Department shall accept for administrative review and an
18 appeal hearing a complaint made by (i) a child or caregiver
19 with whom the child is placed concerning a decision following
20 an initial review by a private child welfare agency or (ii) a
21 prospective adoptive parent who alleges a violation of
22 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 placement is necessary and appropriate under Section
26 2-28 of the Juvenile Court Act of 1987 does not constitute a
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1 judicial determination on the merits of an administrative
2 appeal, filed by a former caregiver, involving a change of
3 placement decision. No later than July 1, 2025, the Department
4 shall adopt rules to develop a reconsideration process to
5 review: a denial of certification of a relative, a denial of
6 placement with a relative, and a denial of visitation with an
7 identified relative. Rules shall include standards and
8 criteria for reconsideration that incorporate the best
9 interests of the child under subsection (4.05) of Section 1-3
10 of the Juvenile Court Act of 1987, address situations where
11 multiple relatives seek certification, and provide that all
12 rules regarding placement changes shall be followed. The rules
13 shall outline the essential elements of each form used in the
14 implementation and enforcement of the provisions of this
15 amendatory Act of the 103rd General Assembly.
16 (p) (Blank).
17 (q) The Department may receive and use, in their entirety,
18 for the benefit of children any gift, donation, or bequest of
19 money or other property which is received on behalf of such
20 children, or any financial benefits to which such children are
21 or may become entitled while under the jurisdiction or care of
22 the Department, except that the benefits described in Section
23 5.46 must be used and conserved consistent with the provisions
24 under Section 5.46.
25 The Department shall set up and administer no-cost,
26 interest-bearing accounts in appropriate financial
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1 institutions for children for whom the Department is legally
2 responsible and who have been determined eligible for
3 Veterans' Benefits, Social Security benefits, assistance
4 allotments from the armed forces, court ordered payments,
5 parental voluntary payments, Supplemental Security Income,
6 Railroad Retirement payments, Black Lung benefits, or other
7 miscellaneous payments. Interest earned by each account shall
8 be credited to the account, unless disbursed in accordance
9 with this subsection.
10 In disbursing funds from children's accounts, the
11 Department shall:
12 (1) Establish standards in accordance with State and
13 federal laws for disbursing money from children's
14 accounts. In all circumstances, the Department's
15 Guardianship Administrator or the Guardianship
16 Administrator's designee must approve disbursements from
17 children's accounts. The Department shall be responsible
18 for keeping complete records of all disbursements for each
19 account for any purpose.
20 (2) Calculate on a monthly basis the amounts paid from
21 State funds for the child's board and care, medical care
22 not covered under Medicaid, and social services; and
23 utilize funds from the child's account, as covered by
24 regulation, to reimburse those costs. Monthly,
25 disbursements from all children's accounts, up to 1/12 of
26 $13,000,000, shall be deposited by the Department into the
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1 General Revenue Fund and the balance over 1/12 of
2 $13,000,000 into the DCFS Children's Services Fund.
3 (3) Maintain any balance remaining after reimbursing
4 for the child's costs of care, as specified in item (2).
5 The balance shall accumulate in accordance with relevant
6 State and federal laws and shall be disbursed to the child
7 or the child's guardian or to the issuing agency.
8 (r) The Department shall promulgate regulations
9 encouraging all adoption agencies to voluntarily forward to
10 the Department or its agent names and addresses of all persons
11 who have applied for and have been approved for adoption of a
12 hard-to-place child or child with a disability and the names
13 of such children who have not been placed for adoption. A list
14 of such names and addresses shall be maintained by the
15 Department or its agent, and coded lists which maintain the
16 confidentiality of the person seeking to adopt the child and
17 of the child shall be made available, without charge, to every
18 adoption agency in the State to assist the agencies in placing
19 such children for adoption. The Department may delegate to an
20 agent its duty to maintain and make available such lists. The
21 Department shall ensure that such agent maintains the
22 confidentiality of the person seeking to adopt the child and
23 of the child.
24 (s) The Department of Children and Family Services may
25 establish and implement a program to reimburse caregivers
26 licensed, certified, or otherwise approved by the Department
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1 of Children and Family Services for damages sustained by the
2 caregivers as a result of the malicious or negligent acts of
3 children placed by the Department, as well as providing third
4 party coverage for such caregivers with regard to actions of
5 children placed by the Department to other individuals. Such
6 coverage will be secondary to the caregiver's liability
7 insurance policy, if applicable. The program shall be funded
8 through appropriations from the General Revenue Fund,
9 specifically designated for such purposes.
10 (t) The Department shall perform home studies and
11 investigations and shall exercise supervision over visitation
12 as ordered by a court pursuant to the Illinois Marriage and
13 Dissolution of Marriage Act or the Adoption Act only if:
14 (1) an order entered by an Illinois court specifically
15 directs the Department to perform such services; and
16 (2) the court has ordered one or both of the parties to
17 the proceeding to reimburse the Department for its
18 reasonable costs for providing such services in accordance
19 with Department rules, or has determined that neither
20 party is financially able to pay.
21 The Department shall provide written notification to the
22 court of the specific arrangements for supervised visitation
23 and projected monthly costs within 60 days of the court order.
24 The Department shall send to the court information related to
25 the costs incurred except in cases where the court has
26 determined the parties are financially unable to pay. The
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1 court may order additional periodic reports as appropriate.
2 (u) In addition to other information that must be
3 provided, whenever the Department places a child with a
4 prospective adoptive parent or parents, in a licensed foster
5 home, group home, or child care institution, in a relative
6 home, or in a certified relative caregiver home, the
7 Department shall provide to the caregiver, appropriate
8 facility staff, or prospective adoptive parent or parents:
9 (1) available detailed information concerning the
10 child's educational and health history, copies of
11 immunization records (including insurance and medical card
12 information), a history of the child's previous
13 placements, if any, and reasons for placement changes
14 excluding any information that identifies or reveals the
15 location of any previous caregiver or adoptive parents;
16 (2) a copy of the child's portion of the client
17 service plan, including any visitation arrangement, and
18 all amendments or revisions to it as related to the child;
19 and
20 (3) information containing details of the child's
21 individualized education program educational plan when the
22 child is receiving special education services.
23 The caregiver, appropriate facility staff, or prospective
24 adoptive parent or parents, shall be informed of any known
25 social or behavioral information (including, but not limited
26 to, criminal background, fire setting, perpetuation of sexual
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1 abuse, destructive behavior, and substance abuse) necessary to
2 care for and safeguard the children to be placed or currently
3 in the home or setting. The Department may prepare a written
4 summary of the information required by this paragraph, which
5 may be provided to the caregiver, appropriate facility staff,
6 or prospective adoptive parent in advance of a placement. The
7 caregiver, appropriate facility staff, or prospective adoptive
8 parent may review the supporting documents in the child's file
9 in the presence of casework staff. In the case of an emergency
10 placement, casework staff shall at least provide known
11 information verbally, if necessary, and must subsequently
12 provide the information in writing as required by this
13 subsection.
14 The information described in this subsection shall be
15 provided in writing. In the case of emergency placements when
16 time does not allow prior review, preparation, and collection
17 of written information, the Department shall provide such
18 information as it becomes available. Within 10 business days
19 after placement, the Department shall obtain from the
20 caregiver, appropriate facility staff, or prospective adoptive
21 parent or parents a signed verification of receipt of the
22 information provided. Within 10 business days after placement,
23 the Department shall provide to the child's guardian ad litem
24 a copy of the information provided to the caregiver,
25 appropriate facility staff, or prospective adoptive parent or
26 parents. The information provided to the caregiver,
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1 appropriate facility staff, or prospective adoptive parent or
2 parents shall be reviewed and approved regarding accuracy at
3 the supervisory level.
4 (u-5) Beginning July 1, 2025, certified relative caregiver
5 homes under Section 3.4 of the Child Care Act of 1969 shall be
6 eligible to receive foster care maintenance payments from the
7 Department in an amount no less than payments made to licensed
8 foster family homes. Beginning July 1, 2025, relative homes
9 providing care to a child placed by the Department that are not
10 a certified relative caregiver home under Section 3.4 of the
11 Child Care Act of 1969 or a licensed foster family home shall
12 be eligible to receive payments from the Department in an
13 amount no less 90% of the payments made to licensed foster
14 family homes and certified relative caregiver homes.
15 (u-6) To assist relative and certified relative
16 caregivers, no later than July 1, 2025, the Department shall
17 adopt rules to implement a relative support program, as
18 follows:
19 (1) For relative and certified relative caregivers,
20 the Department is authorized to reimburse or prepay
21 reasonable expenditures to remedy home conditions
22 necessary to fulfill the home safety-related requirements
23 of relative caregiver homes.
24 (2) The Department may provide short-term emergency
25 funds to relative and certified relative caregiver homes
26 experiencing extreme hardships due to the difficulty and
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1 stress associated with adding youth in care as new
2 household members.
3 (3) Consistent with federal law, the Department shall
4 include in any State Plan made in accordance with the
5 Adoption Assistance and Child Welfare Act of 1980, Titles
6 IV-E and XIX of the Social Security Act, and any other
7 applicable federal laws the provision of kinship navigator
8 program services. The Department shall apply for and
9 administer all relevant federal aid in accordance with
10 law. Federal funds acquired for the kinship navigator
11 program shall be used for the development, implementation,
12 and operation of kinship navigator program services. The
13 kinship navigator program services may provide
14 information, referral services, support, and assistance to
15 relative and certified relative caregivers of youth in
16 care to address their unique needs and challenges. Until
17 the Department is approved to receive federal funds for
18 these purposes, the Department shall publicly post on the
19 Department's website semi-annual updates regarding the
20 Department's progress in pursuing federal funding.
21 Whenever the Department publicly posts these updates on
22 its website, the Department shall notify the General
23 Assembly through the General Assembly's designee.
24 (u-7) To support finding permanency for children through
25 subsidized guardianship and adoption and to prevent disruption
26 in guardianship and adoptive placements, the Department shall
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1 establish and maintain accessible subsidized guardianship and
2 adoption support services for all children under 18 years of
3 age placed in guardianship or adoption who, immediately
4 preceding the guardianship or adoption, were in the custody or
5 guardianship of the Department under Article II of the
6 Juvenile Court Act of 1987.
7 The Department shall establish and maintain a toll-free
8 number to respond to requests from the public about its
9 subsidized guardianship and adoption support services under
10 this subsection and shall staff the toll-free number so that
11 calls are answered on a timely basis, but in no event more than
12 one business day after the receipt of a request. These
13 requests from the public may be made anonymously. To meet this
14 obligation, the Department may utilize the same toll-free
15 number the Department operates to respond to post-adoption
16 requests under subsection (b-5) of Section 18.9 of the
17 Adoption Act. The Department shall publicize information about
18 the Department's subsidized guardianship support services and
19 toll-free number as follows:
20 (1) it shall post information on the Department's
21 website;
22 (2) it shall provide the information to every licensed
23 child welfare agency and any entity providing subsidized
24 guardianship support services in Illinois courts;
25 (3) it shall reference such information in the
26 materials the Department provides to caregivers pursuing
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1 subsidized guardianship to inform them of their rights and
2 responsibilities under the Child Care Act of 1969 and this
3 Act;
4 (4) it shall provide the information, including the
5 Department's Post Adoption and Guardianship Services
6 booklet, to eligible caregivers as part of its
7 guardianship training and at the time they are presented
8 with the Permanency Commitment form;
9 (5) it shall include, in each annual notification
10 letter mailed to subsidized guardians, a short, 2-sided
11 flier or news bulletin in plain language that describes
12 access to post-guardianship services, how to access
13 services under the Family Support Program, formerly known
14 as the Individual Care Grant Program, the webpage address
15 to the Post Adoption and Guardianship Services booklet,
16 information on how to request that a copy of the booklet be
17 mailed; and
18 (6) it shall ensure that kinship navigator programs of
19 this State, when established, have this information to
20 include in materials the programs provide to caregivers.
21 No later than July 1, 2026, the Department shall provide a
22 mechanism for the public to make information requests by
23 electronic means.
24 The Department shall review and update annually all
25 information relating to its subsidized guardianship support
26 services, including its Post Adoption and Guardianship
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1 Services booklet, to include updated information on Family
2 Support Program services eligibility and subsidized
3 guardianship support services that are available through the
4 medical assistance program established under Article V of the
5 Illinois Public Aid Code or any other State program for mental
6 health services. The Department and the Department of
7 Healthcare and Family Services shall coordinate their efforts
8 in the development of these resources.
9 Every licensed child welfare agency and any entity
10 providing kinship navigator programs funded by the Department
11 shall provide the Department's website address and link to the
12 Department's subsidized guardianship support services
13 information set forth in subsection (d), including the
14 Department's toll-free number, to every relative who is or
15 will be providing guardianship placement for a child placed by
16 the Department.
17 (v) The Department shall access criminal history record
18 information as defined in the Illinois Uniform Conviction
19 Information Act and information maintained in the adjudicatory
20 and dispositional record system as defined in Section 2605-355
21 of the Illinois State Police Law if the Department determines
22 the information is necessary to perform its duties under the
23 Abused and Neglected Child Reporting Act, the Child Care Act
24 of 1969, and the Children and Family Services Act. The
25 Department shall provide for interactive computerized
26 communication and processing equipment that permits direct
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1 online on-line communication with the Illinois State Police's
2 central criminal history data repository. The Department shall
3 comply with all certification requirements and provide
4 certified operators who have been trained by personnel from
5 the Illinois State Police. In addition, one Office of the
6 Inspector General investigator shall have training in the use
7 of the criminal history information access system and have
8 access to the terminal. The Department of Children and Family
9 Services and its employees shall abide by rules and
10 regulations established by the Illinois State Police relating
11 to the access and dissemination of this information.
12 (v-1) Prior to final approval for placement of a child
13 with a foster or adoptive parent, the Department shall conduct
14 a criminal records background check of the prospective foster
15 or adoptive parent, including fingerprint-based checks of
16 national crime information databases. Final approval for
17 placement shall not be granted if the record check reveals a
18 felony conviction for child abuse or neglect, for spousal
19 abuse, for a crime against children, or for a crime involving
20 violence, including human trafficking, sex trafficking, rape,
21 sexual assault, or homicide, but not including other physical
22 assault or battery, or if there is a felony conviction for
23 physical assault, battery, or a drug-related offense committed
24 within the past 5 years.
25 (v-2) Prior to final approval for placement of a child
26 with a foster or adoptive parent, the Department shall check
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1 its child abuse and neglect registry for information
2 concerning prospective foster and adoptive parents, and any
3 adult living in the home. If any prospective foster or
4 adoptive parent or other adult living in the home has resided
5 in another state in the preceding 5 years, the Department
6 shall request a check of that other state's child abuse and
7 neglect registry.
8 (v-3) Prior to the final approval of final placement of a
9 related child in a certified relative caregiver home as
10 defined in Section 2.37 of the Child Care Act of 1969, the
11 Department shall ensure that the background screening meets
12 the standards required under subsection (c) of Section 3.4 of
13 the Child Care Act of 1969.
14 (v-4) Prior to final approval for placement of a child
15 with a relative, as defined in Section 4d of this Act, who is
16 not a licensed foster parent, has declined to seek approval to
17 be a certified relative caregiver, or was denied approval as a
18 certified relative caregiver, the Department shall:
19 (i) check the child abuse and neglect registry for
20 information concerning the prospective relative caregiver
21 and any other adult living in the home. If any prospective
22 relative caregiver or other adult living in the home has
23 resided in another state in the preceding 5 years, the
24 Department shall request a check of that other state's
25 child abuse and neglect registry; and
26 (ii) conduct a criminal records background check of
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1 the prospective relative caregiver and all other adults
2 living in the home, including fingerprint-based checks of
3 national crime information databases. Final approval for
4 placement shall not be granted if the record check reveals
5 a felony conviction for child abuse or neglect, for
6 spousal abuse, for a crime against children, or for a
7 crime involving violence, including human trafficking, sex
8 trafficking, rape, sexual assault, or homicide, but not
9 including other physical assault or battery, or if there
10 is a felony conviction for physical assault, battery, or a
11 drug-related offense committed within the past 5 years;
12 provided however, that the Department is empowered to
13 grant a waiver as the Department may provide by rule, and
14 the Department approves the request for the waiver based
15 on a comprehensive evaluation of the caregiver and
16 household members and the conditions relating to the
17 safety of the placement.
18 No later than July 1, 2025, the Department shall adopt
19 rules or revise existing rules to effectuate the changes made
20 to this subsection (v-4). The rules shall outline the
21 essential elements of each form used in the implementation and
22 enforcement of the provisions of this amendatory Act of the
23 103rd General Assembly.
24 (w) (Blank).
25 (x) The Department shall conduct annual credit history
26 checks to determine the financial history of children placed
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1 under its guardianship pursuant to the Juvenile Court Act of
2 1987. The Department shall conduct such credit checks starting
3 when a youth in care turns 12 years old and each year
4 thereafter for the duration of the guardianship as terminated
5 pursuant to the Juvenile Court Act of 1987. The Department
6 shall determine if financial exploitation of the child's
7 personal information has occurred. If financial exploitation
8 appears to have taken place or is presently ongoing, the
9 Department shall notify the proper law enforcement agency, the
10 proper State's Attorney, or the Attorney General.
11 (y) Beginning on July 22, 2010 (the effective date of
12 Public Act 96-1189), a child with a disability who receives
13 residential and educational services from the Department shall
14 be eligible to receive transition services in accordance with
15 Article 14 of the School Code from the age of 14.5 through age
16 21, inclusive, notwithstanding the child's residential
17 services arrangement. For purposes of this subsection, "child
18 with a disability" means a child with a disability as defined
19 by the federal Individuals with Disabilities Education
20 Improvement Act of 2004.
21 (z) The Department shall access criminal history record
22 information as defined as "background information" in this
23 subsection and criminal history record information as defined
24 in the Illinois Uniform Conviction Information Act for each
25 Department employee or Department applicant. Each Department
26 employee or Department applicant shall submit the employee's
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1 or applicant's fingerprints to the Illinois State Police in
2 the form and manner prescribed by the Illinois State Police.
3 These fingerprints shall be checked against the fingerprint
4 records now and hereafter filed in the Illinois State Police
5 and the Federal Bureau of Investigation criminal history
6 records databases. The Illinois State Police shall charge a
7 fee for conducting the criminal history record check, which
8 shall be deposited into the State Police Services Fund and
9 shall not exceed the actual cost of the record check. The
10 Illinois State Police shall furnish, pursuant to positive
11 identification, all Illinois conviction information to the
12 Department of Children and Family Services.
13 For purposes of this subsection:
14 "Background information" means all of the following:
15 (i) Upon the request of the Department of Children and
16 Family Services, conviction information obtained from the
17 Illinois State Police as a result of a fingerprint-based
18 criminal history records check of the Illinois criminal
19 history records database and the Federal Bureau of
20 Investigation criminal history records database concerning
21 a Department employee or Department applicant.
22 (ii) Information obtained by the Department of
23 Children and Family Services after performing a check of
24 the Illinois State Police's Sex Offender Database, as
25 authorized by Section 120 of the Sex Offender Community
26 Notification Law, concerning a Department employee or
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1 Department applicant.
2 (iii) Information obtained by the Department of
3 Children and Family Services after performing a check of
4 the Child Abuse and Neglect Tracking System (CANTS)
5 operated and maintained by the Department.
6 "Department employee" means a full-time or temporary
7 employee coded or certified within the State of Illinois
8 Personnel System.
9 "Department applicant" means an individual who has
10 conditional Department full-time or part-time work, a
11 contractor, an individual used to replace or supplement staff,
12 an academic intern, a volunteer in Department offices or on
13 Department contracts, a work-study student, an individual or
14 entity licensed by the Department, or an unlicensed service
15 provider who works as a condition of a contract or an agreement
16 and whose work may bring the unlicensed service provider into
17 contact with Department clients or client records.
18 (aa) The changes made to this Section by Public Act
19 104-165 this amendatory Act of the 104th General Assembly are
20 declarative of existing law and are not a new enactment.
21 (Source: P.A. 103-22, eff. 8-8-23; 103-50, eff. 1-1-24;
22 103-546, eff. 8-11-23; 103-605, eff. 7-1-24; 103-1061, eff.
23 7-1-25; 104-107, eff. 7-1-26; 104-165, eff. 8-15-25; revised
24 9-11-25.)
25 (20 ILCS 505/5a) (from Ch. 23, par. 5005a)
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1 Sec. 5a. Reimbursable services for which the Department of
2 Children and Family Services shall pay 100% of the reasonable
3 cost pursuant to a written contract negotiated between the
4 Department and the agency furnishing the services (which shall
5 include but not be limited to the determination of reasonable
6 cost, the services being purchased and the duration of the
7 agreement) include, but are not limited to:
8 SERVICE ACTIVITIES
9 Adjunctive Therapy;
10 Early Care and Education Child Care Service, including
11 early care and education day care;
12 Clinical Therapy;
13 Custodial Service;
14 Field Work Students;
15 Food Service;
16 Normal Education;
17 In-Service Training;
18 Intake or Evaluation, or both;
19 Medical Services;
20 Recreation;
21 Social Work or Counselling, or both;
22 Supportive Staff;
23 Volunteers.
24 OBJECT EXPENSES
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1 Professional Fees and Contract Service Payments;
2 Supplies;
3 Telephone and Telegram;
4 Occupancy;
5 Local Transportation;
6 Equipment and Other Fixed Assets, including amortization
7 of same;
8 Miscellaneous.
9 ADMINISTRATIVE COSTS
10 Program Administration;
11 Supervision and Consultation;
12 Inspection and Monitoring for purposes of issuing
13 licenses;
14 Determination of Children who are eligible
15 for federal or other reimbursement;
16 Postage and Shipping;
17 Outside Printing, Artwork, etc.;
18 Subscriptions and Reference Publications;
19 Management and General Expense.
20 Reimbursement of administrative costs other than inspection
21 and monitoring for purposes of issuing licenses may not exceed
22 20% of the costs for other services.
23 The Department may offer services to any child or family
24 with respect to whom a report of suspected child abuse or
25 neglect has been called in to the hotline after completion of a
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1 family assessment as provided under subsection (a-5) of
2 Section 7.4 of the Abused and Neglected Child Reporting Act
3 and the Department has determined that services are needed to
4 address the safety of the child and other family members and
5 the risk of subsequent maltreatment. Acceptance of such
6 services shall be voluntary.
7 All Object Expenses, Service Activities and Administrative
8 Costs are allowable.
9 If a survey instrument is used in the rate setting
10 process:
11 (a) with respect to any early care and education day
12 care centers, it shall be limited to those agencies which
13 receive reimbursement from the State;
14 (b) the cost survey instrument shall be promulgated by
15 rule;
16 (c) any requirements of the respondents shall be
17 promulgated by rule;
18 (d) all screens, limits or other tests of
19 reasonableness, allowability and reimbursability shall be
20 promulgated by rule;
21 (e) adjustments may be made by the Department to rates
22 when it determines that reported wage and salary levels
23 are insufficient to attract capable caregivers in
24 sufficient numbers.
25 The Department of Children and Family Services may pay
26 100% of the reasonable costs of research and valuation focused
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1 exclusively on services to youth in care. Such research
2 projects must be approved, in advance, by the Director of the
3 Department.
4 In addition to reimbursements otherwise provided for in
5 this Section, the Department of Human Services, through June
6 30, 2026 and Department of Early Childhood beginning on and
7 after July 1, 2026, shall, in accordance with annual written
8 agreements, make advance quarterly disbursements to local
9 public agencies for child early care and education day care
10 services with funds appropriated from the Local Effort Day
11 Care Fund.
12 Neither the Department of Children and Family Services nor
13 the Department of Human Services through June 30, 2026 and the
14 Department of Early Childhood beginning on and after July 1,
15 2026 shall pay or approve reimbursement for early care and
16 education day care in a facility which is operating without a
17 valid license or permit, except in the case of early care and
18 education day care homes or early care and education day care
19 centers which are exempt from the licensing requirements of
20 the Child Care Act of 1969.
21 The rates paid to child day care providers by the
22 Department of Children and Family Services shall match the
23 rates paid to early care and education child care providers by
24 the Department of Human Services, including base rates and any
25 relevant rate enhancements through June 30, 2026. On and after
26 July 1, 2026, the Department of Early Childhood shall pay
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1 early care and education day care providers, who service the
2 Department of Children and Family Services under the child
3 care assistance program, including base rates and any relevant
4 rate enhancements.
5 (Source: P.A. 102-926, eff. 7-1-23; 103-594, eff. 6-25-24.)
6 (20 ILCS 505/5.15)
7 (Section scheduled to be repealed on July 1, 2026)
8 Sec. 5.15. Early care and education Day care; Department
9 of Human Services.
10 (a) For the purpose of ensuring effective statewide
11 planning, development, and utilization of resources for the
12 early care and education day care of children, operated under
13 various auspices, the Department of Human Services, or any
14 State agency that assumes these responsibilities, is
15 designated to coordinate all early care and education day care
16 activities for children of the State and shall develop or
17 continue, and shall update every year, a State comprehensive
18 early care and education day-care plan for submission to the
19 Governor that identifies high-priority areas and groups,
20 relating them to available resources and identifying the most
21 effective approaches to the use of existing early care and
22 education day care services. The State comprehensive early
23 care and education day-care plan shall be made available to
24 the General Assembly following the Governor's approval of the
25 plan.
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1 The plan shall include methods and procedures for the
2 development of additional early care and education day care
3 resources for children to meet the goal of reducing short-run
4 and long-run dependency and to provide necessary enrichment
5 and stimulation to the education of young children.
6 Recommendations shall be made for State policy on optimum use
7 of private and public, local, State and federal resources,
8 including an estimate of the resources needed for the
9 licensing and regulation of early care and education day care
10 facilities.
11 A written report shall be submitted to the Governor and
12 the General Assembly annually on April 15. The report shall
13 include an evaluation of developments over the preceding
14 fiscal year, including cost-benefit analyses of various
15 arrangements. Beginning with the report in 1990 submitted by
16 the Department's predecessor agency and every 2 years
17 thereafter, the report shall also include the following:
18 (1) An assessment of the early care and education
19 child care services, needs and available resources
20 throughout the State and an assessment of the adequacy of
21 existing child care services, including, but not limited
22 to, services assisted under this Act and under any other
23 program administered by other State agencies.
24 (2) A survey of early care and education day care
25 facilities to determine the number of qualified
26 caregivers, as defined by rule, attracted to vacant
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1 positions, or retained at the current positions, and any
2 problems encountered by facilities in attracting and
3 retaining capable caregivers. The report shall include an
4 assessment, based on the survey, of improvements in
5 employee benefits that may attract capable caregivers. The
6 survey process shall incorporate feedback from groups and
7 individuals with relevant expertise or lived experience,
8 including, but not limited to, educators and early care
9 and education child care providers, regarding the
10 collection of data in order to inform strategies and costs
11 related to the Child Care Development Fund and the General
12 Revenue Fund, for the purpose of promoting workforce
13 recruitment and retention. The survey shall, at a minimum,
14 be updated every 4 years based on feedback received.
15 Initial survey updates shall be made prior to the 2025
16 survey data collection.
17 (3) The average wages and salaries and fringe benefit
18 packages paid to caregivers throughout the State, computed
19 on a regional basis, compared to similarly qualified
20 employees in other but related fields.
21 (4) The qualifications of new caregivers hired by at
22 licensed early care and education providers day care
23 facilities during the previous 2-year period.
24 (5) Recommendations for increasing caregiver wages and
25 salaries to ensure quality care for children.
26 (6) Evaluation of the fee structure and income
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1 eligibility for early care and education child care
2 subsidized by the State.
3 The requirement for reporting to the General Assembly
4 shall be satisfied by filing copies of the report as required
5 by Section 3.1 of the General Assembly Organization Act, and
6 filing such additional copies with the State Government Report
7 Distribution Center for the General Assembly as is required
8 under paragraph (t) of Section 7 of the State Library Act.
9 (b) The Department of Human Services shall establish
10 policies and procedures for developing and implementing
11 interagency agreements with other agencies of the State
12 providing child care services or reimbursement for such
13 services. The plans shall be annually reviewed and modified
14 for the purpose of addressing issues of applicability and
15 service system barriers.
16 (c) In cooperation with other State agencies, the
17 Department of Human Services shall develop and implement, or
18 shall continue, a resource and referral system for the State
19 of Illinois either within the Department or by contract with
20 local or regional agencies. Funding for implementation of this
21 system may be provided through Department appropriations or
22 other inter-agency funding arrangements. The resource and
23 referral system shall provide at least the following services:
24 (1) Assembling and maintaining a database data base on
25 the supply of early care and education child care
26 services.
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1 (2) Providing information and referrals for parents.
2 (3) Coordinating the development of new early care and
3 education child care resources.
4 (4) Providing technical assistance and training to
5 early care and education child care service providers.
6 (5) Recording and analyzing the demand for early care
7 and education child care services.
8 (d) The Department of Human Services shall conduct early
9 care and education day care planning activities with the
10 following priorities:
11 (1) Development of voluntary early care and education
12 day care resources wherever possible, with the provision
13 for grants-in-aid only where demonstrated to be useful and
14 necessary as incentives or supports. By January 1, 2002,
15 the Department shall design a plan to create more child
16 care slots as well as goals and timetables to improve
17 quality and accessibility of child care.
18 (2) Emphasis on service to children of recipients of
19 public assistance when such service will allow training or
20 employment of the parent toward achieving the goal of
21 independence.
22 (3) (Blank).
23 (4) Care of children from families in stress and
24 crises whose members potentially may become, or are in
25 danger of becoming, non-productive and dependent.
26 (5) Expansion of family early care and education day
HB3595 Enrolled - 147 - LRB104 08153 BAB 18201 b
1 care facilities wherever possible.
2 (6) Location of centers in economically depressed
3 neighborhoods, preferably in multi-service centers with
4 cooperation of other agencies. The Department shall
5 coordinate the provision of grants, but only to the extent
6 funds are specifically appropriated for this purpose, to
7 encourage the creation and expansion of child care centers
8 in high need communities to be issued by the State,
9 business, and local governments.
10 (7) Use of existing facilities free of charge or for
11 reasonable rental whenever possible in lieu of
12 construction.
13 (8) Development of strategies for assuring a more
14 complete range of early care and education day care
15 options, including provision of early care and education
16 day care services in homes, in schools, or in centers,
17 which will enable a parent or parents to complete a course
18 of education or obtain or maintain employment and the
19 creation of more child care options for swing shift,
20 evening, and weekend workers and for working women with
21 sick children. The Department shall encourage companies to
22 provide child care in their own offices or in the building
23 in which the corporation is located so that employees of
24 all the building's tenants can benefit from the facility.
25 (9) Development of strategies for subsidizing students
26 pursuing degrees in the child care field.
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1 (10) Continuation and expansion of service programs
2 that assist teen parents to continue and complete their
3 education.
4 Emphasis shall be given to support services that will help
5 to ensure such parents' graduation from high school and to
6 services for participants in any programs of job training
7 conducted by the Department.
8 (e) The Department of Human Services shall actively
9 stimulate the development of public and private resources at
10 the local level. It shall also seek the fullest utilization of
11 federal funds directly or indirectly available to the
12 Department.
13 Where appropriate, existing non-governmental agencies or
14 associations shall be involved in planning by the Department.
15 (f) To better accommodate the child care needs of low
16 income working families, especially those who receive
17 Temporary Assistance for Needy Families (TANF) or who are
18 transitioning from TANF to work, or who are at risk of
19 depending on TANF in the absence of child care, the Department
20 shall complete a study using outcome-based assessment
21 measurements to analyze the various types of child care needs,
22 including but not limited to: child care homes; child care
23 facilities; before and after school care; and evening and
24 weekend care. Based upon the findings of the study, the
25 Department shall develop a plan by April 15, 1998, that
26 identifies the various types of child care needs within
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1 various geographic locations. The plan shall include, but not
2 be limited to, the special needs of parents and guardians in
3 need of non-traditional child care services such as early
4 mornings, evenings, and weekends; the needs of very low income
5 families and children and how they might be better served; and
6 strategies to assist child care providers to meet the needs
7 and schedules of low income families.
8 (g) This Section is repealed on July 1, 2026.
9 (Source: P.A. 103-594, eff. 6-25-24; 103-1054, eff. 12-20-24;
10 104-417, eff. 8-15-25.)
11 (20 ILCS 505/21)
12 Sec. 21. Investigative powers; training.
13 (a) To make such investigations as it may deem necessary
14 to the performance of its duties.
15 (b) In the course of any such investigation any qualified
16 person authorized by the Director may administer oaths and
17 secure by its subpoena both the attendance and testimony of
18 witnesses and the production of books and papers relevant to
19 such investigation. Any person who is served with a subpoena
20 by the Department to appear and testify or to produce books and
21 papers, in the course of an investigation authorized by law,
22 and who refuses or neglects to appear, or to testify, or to
23 produce books and papers relevant to such investigation, as
24 commanded in such subpoena, shall be guilty of a Class B
25 misdemeanor. The fees of witnesses for attendance and travel
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1 shall be the same as the fees of witnesses before the circuit
2 courts of this State. Any circuit court of this State, upon
3 application of the person requesting the hearing or the
4 Department, may compel the attendance of witnesses, the
5 production of books and papers, and giving of testimony before
6 the Department or before any authorized officer or employee
7 thereof, by an attachment for contempt or otherwise, in the
8 same manner as production of evidence may be compelled before
9 such court. Every person who, having taken an oath or made
10 affirmation before the Department or any authorized officer or
11 employee thereof, shall willfully swear or affirm falsely,
12 shall be guilty of perjury and upon conviction shall be
13 punished accordingly.
14 (c) Investigations initiated under this Section shall
15 provide individuals due process of law, including the right to
16 a hearing, to cross-examine witnesses, to obtain relevant
17 documents, and to present evidence. Administrative findings
18 shall be subject to the provisions of the Administrative
19 Review Law.
20 (d) Beginning July 1, 1988, any child protective
21 investigator or supervisor or child welfare specialist or
22 supervisor employed by the Department on January 1, 1988 (the
23 effective date of Public Act 85-206) shall have completed a
24 training program which shall be instituted by the Department.
25 The training program shall include, but not be limited to, the
26 following: (1) training in the detection of symptoms of child
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1 neglect and drug abuse; (2) specialized training for dealing
2 with families and children of drug abusers; and (3) specific
3 training in child development, family dynamics and interview
4 techniques. Such program shall conform to the criteria and
5 curriculum developed under Section 4 of the Child Protective
6 Investigator and Child Welfare Specialist Certification Act of
7 1987. Failure to complete such training due to lack of
8 opportunity provided by the Department shall in no way be
9 grounds for any disciplinary or other action against an
10 investigator or a specialist.
11 The Department shall develop a continuous inservice staff
12 development program and evaluation system. Each child
13 protective investigator and supervisor and child welfare
14 specialist and supervisor shall participate in such program
15 and evaluation and shall complete a minimum of 20 hours of
16 inservice education and training every 2 years in order to
17 maintain certification.
18 Any child protective investigator or child protective
19 supervisor, or child welfare specialist or child welfare
20 specialist supervisor hired by the Department who begins
21 actual employment after January 1, 1988 (the effective date of
22 Public Act 85-206), shall be certified pursuant to the Child
23 Protective Investigator and Child Welfare Specialist
24 Certification Act of 1987 before beginning such employment.
25 Nothing in this Act shall replace or diminish the rights of
26 employees under the Illinois Public Labor Relations Act, as
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1 amended, or the National Labor Relations Act. In the event of
2 any conflict between either of those Acts, or any collective
3 bargaining agreement negotiated thereunder, and the provisions
4 of subsections (d) and (e), the former shall prevail and
5 control.
6 (e) The Department shall develop and implement the
7 following:
8 (1) A safety-based child welfare intervention system.
9 (2) Related training procedures.
10 (3) A standardized method for demonstration of
11 proficiency in application of the safety-based child
12 welfare intervention system.
13 (4) An evaluation of the reliability and validity of
14 the safety-based child welfare intervention system.
15 All child protective investigators and supervisors and child
16 welfare specialists and supervisors employed by the Department
17 or its contractors shall be required, subsequent to the
18 availability of training under this Act, to demonstrate
19 proficiency in application of the safety-based child welfare
20 intervention system previous to being permitted to make safety
21 decisions about the children for whom they are responsible.
22 The Department shall establish a multi-disciplinary advisory
23 committee appointed by the Director, including, but not
24 limited to, representatives from the fields of child
25 development, domestic violence, family systems, juvenile
26 justice, law enforcement, health care, mental health,
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1 substance abuse, and social service to advise the Department
2 and its related contractors in the development and
3 implementation of the safety-based child welfare intervention
4 system, related training, method for demonstration of
5 proficiency in application of the safety-based child welfare
6 intervention system, and evaluation of the reliability and
7 validity of the safety-based child welfare intervention
8 system. The Department shall develop the safety-based child
9 welfare intervention system, training curriculum, method for
10 demonstration of proficiency in application of the
11 safety-based child welfare intervention system, and method for
12 evaluation of the reliability and validity of the safety-based
13 child welfare intervention system. Training and demonstration
14 of proficiency in application of the safety-based child
15 welfare intervention system for all child protective
16 investigators and supervisors and child welfare specialists
17 and supervisors shall be completed as soon as practicable. The
18 Department shall submit to the General Assembly on or before
19 December 31, 2026, and every year thereafter, an annual report
20 on the evaluation of the reliability and validity of the
21 safety-based child welfare intervention system. The Department
22 shall contract with a not-for-profit organization with
23 demonstrated expertise in the field of safety-based child
24 welfare intervention to assist in the development and
25 implementation of the safety-based child welfare intervention
26 system, related training, method for demonstration of
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1 proficiency in application of the safety-based child welfare
2 intervention system, and evaluation of the reliability and
3 validity of the safety-based child welfare intervention
4 system.
5 (f) The Department shall provide each parent or guardian
6 and responsible adult caregiver participating in a safety plan
7 a copy of the written safety plan as signed by each parent or
8 guardian and responsible adult caregiver and by a
9 representative of the Department. The Department shall also
10 provide each parent or guardian and responsible adult
11 caregiver safety plan information on their rights and
12 responsibilities that shall include, but need not be limited
13 to, information on how to obtain medical care, emergency phone
14 numbers, and information on how to notify schools or early
15 care and education day care providers as appropriate. The
16 Department's representative shall ensure that the safety plan
17 is reviewed and approved by the child protection supervisor.
18 (Source: P.A. 103-22, eff. 8-8-23; 103-460, eff. 1-1-24;
19 103-605, eff. 7-1-24.)
20 (20 ILCS 505/22.1) (from Ch. 23, par. 5022.1)
21 (Section scheduled to be repealed on July 1, 2026)
22 Sec. 22.1. Grants-in-aid for child care services;
23 Department of Human Services.
24 (a) Blank.
25 (b) Blank.
HB3595 Enrolled - 155 - LRB104 08153 BAB 18201 b
1 (c) The Department of Human Services shall establish and
2 operate early care and education day care facilities for the
3 children of migrant workers in areas of the State where they
4 are needed. The Department may provide these child day care
5 services by contracting with private centers if practicable.
6 "Migrant worker" means any person who moves seasonally from
7 one place to another, within or without the State, for the
8 purpose of employment in agricultural activities. This Section
9 is repealed on July 1, 2026.
10 (Source: P.A. 103-594, eff. 6-25-24.)
11 (20 ILCS 505/22.4) (from Ch. 23, par. 5022.4)
12 Sec. 22.4. Low-interest loans for early care and education
13 providers child care facilities; Department of Human Services.
14 The Department of Human Services may establish, with financing
15 to be provided through the issuance of bonds by the Illinois
16 Finance Authority pursuant to the Illinois Finance Authority
17 Act, a low-interest loan program to help early care and
18 education child care centers and family early care and
19 education day care homes accomplish the following:
20 (a) establish an early care and education a child care
21 program;
22 (b) meet federal, State and local early care and
23 education child care standards as well as any applicable
24 health and safety standards; or
25 (c) build facilities or renovate or expand existing
HB3595 Enrolled - 156 - LRB104 08153 BAB 18201 b
1 facilities.
2 Such loans shall be available only to early care and
3 education child care centers and family early care and
4 education day care homes serving children of low income
5 families.
6 (Source: P.A. 93-205, eff. 1-1-04.)
7 Section 20. The Department of Commerce and Economic
8 Opportunity Law of the Civil Administrative Code of Illinois
9 is amended by changing Section 605-1050 as follows:
10 (20 ILCS 605/605-1050)
11 Sec. 605-1050. Coronavirus Back to Business Grant Program
12 (or Back to Business Program).
13 (a) Purpose. The Department may receive State funds and,
14 directly or indirectly, federal funds under the authority of
15 legislation passed in response to the Coronavirus epidemic
16 including, but not limited to, the Coronavirus Aid, Relief,
17 and Economic Security Act, P.L. 116-136 (the "CARES Act") and
18 the American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA
19 Act"); such funds shall be used in accordance with the CARES
20 Act and ARPA Act legislation and published guidance. Section
21 5001 of the CARES Act establishes the Coronavirus Relief Fund,
22 which authorizes the State to expend funds that are necessary
23 to respond to the COVID-19 public health emergency. The
24 financial support of Qualifying Businesses is a necessary
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1 expense under federal guidance for implementing Section 5001
2 of the CARES Act. Upon receipt or availability of such State or
3 federal funds, and subject to appropriations for their use,
4 the Department shall administer a program to provide financial
5 assistance to Qualifying Businesses that have experienced
6 interruption of business or other adverse conditions
7 attributable to the COVID-19 public health emergency. Support
8 may be provided directly by the Department to businesses and
9 organizations or in cooperation with a Qualified Partner.
10 Financial assistance may include, but not be limited to
11 grants, expense reimbursements, or subsidies.
12 (b) From appropriations for the Back to Business Program,
13 up to $60,000,000 may be allotted to the repayment or
14 conversion of Eligible Loans made pursuant to the Department's
15 Emergency Loan Fund Program. An Eligible Loan may be repaid or
16 converted through a grant payment, subsidy, or reimbursement
17 payment to the recipient or, on behalf of the recipient, to the
18 Qualified Partner, or by any other lawful method.
19 (c) From appropriations for the Back to Business Program,
20 the Department shall provide financial assistance through
21 grants, expense reimbursements, or subsidies to Qualifying
22 Businesses or a Qualified Partner to cover expenses or losses
23 incurred due to the COVID-19 public health emergency or for
24 start-up costs of a new Qualifying Business. All spending
25 related to this program from federal funds must be
26 reimbursable by the Federal Coronavirus Relief Fund in
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1 accordance with Section 5001 of the federal CARES Act, the
2 ARPA Act, and any related federal guidance, or the provisions
3 of any other federal source supporting the program.
4 (d) As more fully described in subsection (c), funds will
5 be appropriated to the Back to Business Program for
6 distribution to or on behalf of Qualifying Businesses. Of the
7 funds appropriated, a minimum of 40% shall be allotted for
8 Qualifying Businesses with ZIP codes located in the most
9 disproportionately impacted areas of Illinois, based on
10 positive COVID-19 cases.
11 (e) The Department shall coordinate with the Department of
12 Human Services with respect to making grants, expense
13 reimbursements or subsidies to any early care and education
14 child care or day care provider providing services under
15 Section 9A-11 of the Illinois Public Aid Code to determine
16 what resources the Department of Human Services may be
17 providing to an early care and education a child care or day
18 care provider under Section 9A-11 of the Illinois Public Aid
19 Code.
20 (f) The Department may establish by rule administrative
21 procedures for the grant program, including any application
22 procedures, grant agreements, certifications, payment
23 methodologies, and other accountability measures that may be
24 imposed upon participants in the program. The emergency
25 rulemaking process may be used to promulgate the initial rules
26 of the grant program and any amendments to the rules following
HB3595 Enrolled - 159 - LRB104 08153 BAB 18201 b
1 the effective date of this amendatory Act of the 102nd General
2 Assembly.
3 (g) Definitions. As used in this Section:
4 (1) "COVID-19" means the novel coronavirus disease
5 deemed COVID-19 by the World Health Organization on
6 February 11, 2020.
7 (2) "Qualifying Business" means a business or
8 organization that has experienced or is experiencing
9 business interruption or other adverse conditions due to
10 the COVID-19 public health emergency, and includes a new
11 business or organization started after March 1, 2020 in
12 the midst of adverse conditions due to the COVID-19 public
13 health emergency.
14 (3) "Eligible Loan" means a loan of up to $50,000 that
15 was deemed eligible for funding under the Department's
16 Emergency Loan Fund Program and for which repayment will
17 be eligible for reimbursement from Coronavirus Relief Fund
18 monies pursuant to Section 5001 of the federal CARES Act
19 or the ARPA Act and any related federal guidance.
20 (4) "Emergency Loan Fund Program", also referred to as
21 the "COVID-19 Emergency Relief Program", is a program
22 executed by the Department by which the State Small
23 Business Credit Initiative fund is utilized to guarantee
24 loans released by a financial intermediary or Qualified
25 Partner.
26 (5) "Qualified Partner" means a financial institution
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1 or nonprofit with which the Department has entered into an
2 agreement or contract to provide or incentivize assistance
3 to Qualifying Businesses.
4 (h) Powers of the Department. The Department has the power
5 to:
6 (1) provide grants, subsidies and expense
7 reimbursements to Qualifying Businesses or, on behalf of
8 Qualifying Businesses, to Qualifying Partners from
9 appropriations to cover Qualifying Businesses eligible
10 costs or losses incurred due to the COVID-19 public health
11 emergency, including losses caused by business
12 interruption or closure and including start-up costs for
13 new Qualifying Businesses;
14 (2) enter into agreements, accept funds, issue grants,
15 and engage in cooperation with agencies of the federal
16 government, units of local government, financial
17 institutions, and nonprofit organizations to carry out the
18 purposes of this Program, and to use funds appropriated
19 for the Back to Business Program;
20 (3) prepare forms for application, notification,
21 contract, and other matters, and establish procedures,
22 rules, or regulations deemed necessary and appropriate to
23 carry out the provisions of this Section;
24 (4) provide staff, administration, and related support
25 required to manage the Back to Business Program and pay
26 for the staffing, administration, and related support;
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1 (5) using data provided by the Illinois Department of
2 Public Health and other reputable sources, determine which
3 geographic regions in Illinois have been most
4 disproportionately impacted by the COVID-19 public health
5 emergency, considering factors of positive cases, positive
6 case rates, and economic impact; and
7 (6) determine which industries and businesses in
8 Illinois have been most disproportionately impacted by the
9 COVID-19 public health emergency and establish procedures
10 that prioritize greatly impacted industries and
11 businesses, as well as Qualifying Businesses that did not
12 receive paycheck protection program assistance.
13 (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
14 Section 25. The Illinois Enterprise Zone Act is amended by
15 changing Section 8 as follows:
16 (20 ILCS 655/8) (from Ch. 67 1/2, par. 612)
17 Sec. 8. Zone Administration. The administration of an
18 Enterprise Zone shall be under the jurisdiction of the
19 designating municipality or county. Each designating
20 municipality or county shall, by ordinance, designate a Zone
21 Administrator for the certified zones within its jurisdiction.
22 A Zone Administrator must be an officer or employee of the
23 municipality or county. The Zone Administrator shall be the
24 liaison between the designating municipality or county, the
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1 Department, and any designated zone organizations within zones
2 under his jurisdiction.
3 A designating municipality or county may designate one or
4 more organizations qualified under paragraph (d) of Section 3
5 to be designated zone organizations for purposes of this Act.
6 The municipality or county, may, by ordinance, delegate
7 functions within an Enterprise Zone to one or more designated
8 zone organizations in such zones.
9 Subject to the necessary governmental authorizations,
10 designated zone organizations may provide the following
11 services or perform the following functions in coordination
12 with the municipality or county:
13 (a) Provide or contract for provision of public services
14 including, but not limited to:
15 (1) establishment of crime watch patrols within zone
16 neighborhoods;
17 (2) establishment of volunteer early care and
18 education day care centers;
19 (3) organization of recreational activities for zone
20 area youth;
21 (4) garbage collection;
22 (5) street maintenance and improvements;
23 (6) bridge maintenance and improvements;
24 (7) maintenance and improvement of water and sewer
25 lines;
26 (8) energy conservation projects;
HB3595 Enrolled - 163 - LRB104 08153 BAB 18201 b
1 (9) health and clinic services;
2 (10) drug abuse programs;
3 (11) senior citizen assistance programs;
4 (12) park maintenance;
5 (13) rehabilitation, renovation, and operation and
6 maintenance of low and moderate income housing; and
7 (14) other types of public services as provided by law
8 or regulation.
9 (b) Exercise authority for the enforcement of any code,
10 permit, or licensing procedure within an Enterprise Zone.
11 (c) Provide a forum for business, labor and government
12 action on zone innovations.
13 (d) Apply for regulatory relief as provided in Section 8
14 of this Act.
15 (e) Receive title to publicly owned land.
16 (f) Perform such other functions as the responsible
17 government entity may deem appropriate, including offerings
18 and contracts for insurance with businesses within the Zone.
19 (g) Agree with local governments to provide such public
20 services within the zones by contracting with private firms
21 and organizations, where feasible and prudent.
22 (h) Solicit and receive contributions to improve the
23 quality of life in the Enterprise Zone.
24 (Source: P.A. 91-357, eff. 7-29-99.)
25 Section 30. The Department of Human Services Act is
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1 amended by changing Sections 1-75 and 10-22 as follows:
2 (20 ILCS 1305/1-75)
3 (Section scheduled to be repealed on July 1, 2026)
4 Sec. 1-75. Off-Hours Child Care Program.
5 (a) Legislative intent. The General Assembly finds that:
6 (1) Finding child care can be a challenge for
7 firefighters, paramedics, police officers, nurses, and
8 other third shift workers across the State who often work
9 non-typical work hours. This can impact home life, school,
10 bedtime routines, job safety, and the mental health of
11 some of our most critical frontline workers and their
12 families.
13 (2) There is a need for increased options for
14 off-hours child care in the State. A majority of the
15 State's child care facilities do not provide care outside
16 of normal work hours, with just 3,251 early care and
17 education day care homes and 435 group early care and
18 education day care homes that provide night care.
19 (3) Illinois has a vested interest in ensuring that
20 our first responders and working families can provide
21 their children with appropriate care during off hours to
22 improve the morale of existing first responders and to
23 improve recruitment into the future.
24 (b) As used in this Section, "first responders" means
25 emergency medical services personnel as defined in the
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1 Emergency Medical Services (EMS) Systems Act, firefighters,
2 law enforcement officers, and, as determined by the
3 Department, any other workers who, on account of their work
4 schedule, need early care and education child care outside of
5 the hours when licensed early care and education providers
6 child care facilities typically operate.
7 (c) Subject to appropriation, the Department of Human
8 Services shall establish and administer an Off-Hours Child
9 Care Program to help first responders and other workers
10 identify and access off-hours, night, or sleep time child
11 care. Services funded under the program must address the child
12 care needs of first responders. Funding provided under the
13 program may also be used to cover any capital and operating
14 expenses related to the provision of off-hours, night, or
15 sleep time early care and education child care for first
16 responders. Funding awarded under this Section shall be funded
17 through appropriations from the Off-Hours Child Care Program
18 Fund created under subsection (d). The Department shall
19 implement the program by July 1, 2023. The Department may
20 adopt any rules necessary to implement the program.
21 (d) The Off-Hours Child Care Program Fund is created as a
22 special fund in the State treasury. The Fund shall consist of
23 any moneys appropriated to the Department of Human Services
24 for the Off-Hours Early Care and Education Child Care Program.
25 Moneys in the Fund shall be expended for the Off-Hours Child
26 Care Program and for no other purpose. All interest earned on
HB3595 Enrolled - 166 - LRB104 08153 BAB 18201 b
1 moneys in the Fund shall be deposited into the Fund.
2 (e) This Section is repealed on July 1, 2026.
3 (Source: P.A. 103-154, eff. 6-30-23; 103-594, eff. 6-25-24;
4 104-417, eff. 8-15-25.)
5 (20 ILCS 1305/10-22)
6 (Section scheduled to be repealed on July 1, 2026)
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 early care and education child care by
13 encouraging increased professional preparation by staff and
14 staff retention. The Great START program shall coordinate with
15 the TEACH 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 early care and education day care home
24 personnel and licensed group early care and education day care
25 home personnel, including caregivers and assistants as such
HB3595 Enrolled - 167 - LRB104 08153 BAB 18201 b
1 positions are defined by administrative rule of the Department
2 of Children and Family Services. Individuals will receive
3 supplements commensurate with their 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 early care and education child care personnel in the
12 form of bonuses at 6 month intervals. Six months of continuous
13 service with a single employer is required to be eligible to
14 receive a wage supplement bonus. Wage supplements shall be
15 paid directly to individual early care and education day care
16 personnel, not to their employers. Eligible individuals must
17 provide to the Department or its agent all information and
18 documentation, including but not limited to college
19 transcripts, to demonstrate their qualifications for a
20 particular wage supplement level.
21 If appropriations permit, the Department may include
22 one-time signing bonuses or other incentives to help providers
23 attract staff, provided that the signing bonuses are less than
24 the supplement staff would have received if they had remained
25 employed with another early care and education day care center
26 or family early care and education day care home.
HB3595 Enrolled - 168 - LRB104 08153 BAB 18201 b
1 If appropriations permit, the Department may include
2 one-time longevity bonuses or other incentives to recognize
3 staff who have remained with a single employer.
4 (d) (Blank).
5 (e) This Section is repealed on July 1, 2026.
6 (Source: P.A. 103-594, eff. 6-25-24.)
7 Section 35. The Mental Health and Developmental
8 Disabilities Administrative Act is amended by changing Section
9 57.5 as follows:
10 (20 ILCS 1705/57.5)
11 Sec. 57.5. Autism diagnosis education program.
12 (a) Subject to appropriations, the Department shall
13 contract to establish an autism diagnosis education program
14 for young children. The Department shall establish the program
15 at 3 different sites in the State. The program shall have the
16 following goals:
17 (1) Providing, to medical professionals and others
18 statewide, a systems development initiative that promotes
19 best practice standards for the diagnosis and treatment
20 planning for young children who have autism spectrum
21 disorders, for the purpose of helping existing systems of
22 care to build solid circles of expertise within their
23 ranks.
24 (2) Educating medical practitioners, school personnel,
HB3595 Enrolled - 169 - LRB104 08153 BAB 18201 b
1 early care and education day care providers, parents, and
2 community service providers (including, but not limited
3 to, early intervention and developmental disabilities
4 providers) throughout the State on appropriate diagnosis
5 and treatment of autism.
6 (3) Supporting systems of care for young children with
7 autism spectrum disorders.
8 (4) Working together with universities and
9 developmental disabilities providers to identify unmet
10 needs and resources.
11 (5) Encouraging and supporting research on optional
12 services for young children with autism spectrum
13 disorders.
14 In addition to the aforementioned items, on January 1,
15 2008, The Autism Program shall expand training and direct
16 services by deploying additional regional centers, outreach
17 centers, and community planning and network development
18 initiatives. The expanded Autism Program Service Network shall
19 consist of a comprehensive program of outreach and center
20 development utilizing model programs developed by The Autism
21 Program. This expansion shall span Illinois and support
22 consensus building, outreach, and service provision for
23 children with autism spectrum spectrums disorders and their
24 families.
25 (b) Before January 1, 2006, the Department shall report to
26 the Governor and the General Assembly concerning the progress
HB3595 Enrolled - 170 - LRB104 08153 BAB 18201 b
1 of the autism diagnosis education program established under
2 this Section.
3 (Source: P.A. 95-707, eff. 1-11-08.)
4 Section 40. The Illinois Finance Authority Act is amended
5 by changing Section 840-5 as follows:
6 (20 ILCS 3501/840-5)
7 Sec. 840-5. The Authority shall have the following powers:
8 (a) To fix and revise from time to time and charge and
9 collect rates, rents, fees and charges for the use of and for
10 the services furnished or to be furnished by a project or other
11 health facilities owned, financed or refinanced by the
12 Authority or any portion thereof and to contract with any
13 person, partnership, association or corporation or other body,
14 public or private, in respect thereto; to coordinate its
15 policies and procedures and cooperate with recognized health
16 facility rate setting mechanisms which may now or hereafter be
17 established.
18 (b) To establish rules and regulations for the use of a
19 project or other health facilities owned, financed or
20 refinanced by the Authority or any portion thereof and to
21 designate a participating health institution as its agent to
22 establish rules and regulations for the use of a project or
23 other health facilities owned by the Authority undertaken for
24 that participating health institution.
HB3595 Enrolled - 171 - LRB104 08153 BAB 18201 b
1 (c) To establish or contract with others to carry out on
2 its behalf a health facility project cost estimating service
3 and to make this service available on all projects to provide
4 expert cost estimates and guidance to the participating health
5 institution and to the Authority. In order to implement this
6 service and, through it, to contribute to cost containment,
7 the Authority shall have the power to require such reasonable
8 reports and documents from health facility projects as may be
9 required for this service and for the development of cost
10 reports and guidelines. The Authority may appoint a Technical
11 Committee on Health Facility Project Costs and Cost
12 Containment.
13 (d) To make mortgage or other secured or unsecured loans
14 to or for the benefit of any participating health institution
15 for the cost of a project in accordance with an agreement
16 between the Authority and the participating health
17 institution; provided that no such loan shall exceed the total
18 cost of the project as determined by the participating health
19 institution and approved by the Authority; provided further
20 that such loans may be made to any entity affiliated with a
21 participating health institution if the proceeds of such loan
22 are made available to or applied for the benefit of such
23 participating health institution.
24 (e) To make mortgage or other secured or unsecured loans
25 to or for the benefit of a participating health institution in
26 accordance with an agreement between the Authority and the
HB3595 Enrolled - 172 - LRB104 08153 BAB 18201 b
1 participating health institution to refund outstanding
2 obligations, loans, indebtedness or advances issued, made,
3 given or incurred by such participating health institution for
4 the cost of a project; including the function to issue bonds
5 and make loans to or for the benefit of a participating health
6 institution to refinance indebtedness incurred by such
7 participating health institution in projects undertaken and
8 completed or for other health facilities acquired prior to or
9 after the enactment of this Act when the Authority finds that
10 such refinancing is in the public interest, and either
11 alleviates a financial hardship of such participating health
12 institution, or is in connection with other financing by the
13 Authority for such participating health institution or may be
14 expected to result in a lessened cost of patient care and a
15 saving to third parties, including government, and to others
16 who must pay for care, or any combination thereof; provided
17 further that such loans may be made to any entity affiliated
18 with a participating health institution if the proceeds of
19 such loan are made available to or applied for the benefit of
20 such participating health institution.
21 (f) To mortgage all or any portion of a project or other
22 health facilities and the property on which any such project
23 or other health facilities are located whether owned or
24 thereafter acquired, and to assign or pledge mortgages, deeds
25 of trust, indentures of mortgage or trust or similar
26 instruments, notes, and other securities of participating
HB3595 Enrolled - 173 - LRB104 08153 BAB 18201 b
1 health institutions to which or for the benefit of which the
2 Authority has made loans or of entities affiliated with such
3 institutions and the revenues therefrom, including payments or
4 income from any thereof owned or held by the Authority, for the
5 benefit of the holders of bonds issued to finance such project
6 or health facilities or issued to refund or refinance
7 outstanding obligations, loans, indebtedness or advances of
8 participating health institutions as permitted by this Act.
9 (g) To lease to a participating health institution the
10 project being financed or refinanced or other health
11 facilities conveyed to the Authority in connection with such
12 financing or refinancing, upon such terms and conditions as
13 the Authority shall deem proper, and to charge and collect
14 rents therefor and to terminate any such lease upon the
15 failure of the lessee to comply with any of the obligations
16 thereof; and to include in any such lease, if desired,
17 provisions that the lessee thereof shall have options to renew
18 the lease for such period or periods and at such rent as shall
19 be determined by the Authority or to purchase any or all of the
20 health facilities or that upon payment of all of the
21 indebtedness incurred by the Authority for the financing of
22 such project or health facilities or for refunding outstanding
23 obligations, loans, indebtedness or advances of a
24 participating health institution, then the Authority may
25 convey any or all of the project or such other health
26 facilities to the lessee or lessees thereof with or without
HB3595 Enrolled - 174 - LRB104 08153 BAB 18201 b
1 consideration.
2 (h) To make studies of needed health facilities that could
3 not sustain a loan were it made under this Act and to recommend
4 remedial action to the General Assembly; to do the same with
5 regard to any laws or regulations that prevent health
6 facilities from benefiting from this Act.
7 (i) To assist the Department of Commerce and Economic
8 Opportunity to establish and implement a program to assist
9 health facilities to identify and arrange financing for energy
10 conservation projects in buildings and facilities owned or
11 leased by health facilities.
12 (j) To assist the Department of Human Services in
13 establishing a low interest loan program to help early care
14 and education child care centers and family early care and
15 education day care homes serving children of low income
16 families under Section 22.4 of the Children and Family
17 Services Act. The Authority, on or after the effective date of
18 this amendatory Act of the 97th General Assembly, is
19 authorized to convert existing agreements for financial aid in
20 accordance with Section 840-5(j) to permanent capital to
21 leverage additional private capital and establish a revolving
22 loan fund for nonprofit corporations providing human services
23 under contract to the State.
24 (k) To assist the Department of Public Health and nursing
25 homes in undertaking nursing home conversion projects in
26 accordance with the Older Adult Services Act.
HB3595 Enrolled - 175 - LRB104 08153 BAB 18201 b
1 (Source: P.A. 97-654, eff. 1-13-12.)
2 Section 45. The Asbestos Abatement Finance Act is amended
3 by changing Section 2 as follows:
4 (20 ILCS 3510/2) (from Ch. 111 1/2, par. 8102)
5 Sec. 2. Definitions. The following words and terms,
6 whether or not capitalized, have the following meanings,
7 unless the context or use clearly requires otherwise:
8 "Asbestos" means asbestos as defined and used in the
9 federal Asbestos Hazard Emergency Response Act of 1986, as now
10 or hereafter amended, including the regulations promulgated
11 under that Act.
12 "Asbestos Abatement Project" means asbestos inspection,
13 planning and response action under and within the meaning of
14 the federal Asbestos Hazard Emergency Response Act of 1986, as
15 now or hereafter amended, to abate a health hazard caused
16 directly or indirectly by the existence of asbestos in any
17 building or other facility owned, operated, maintained or
18 occupied in whole or in part by a public corporation or a
19 private institution.
20 "Authority" means the Illinois Finance Authority.
21 "Board" means the Board of the Authority.
22 "Bond" means any bond, note or other evidence of
23 indebtedness issued by the Authority under this Act.
24 "Chairman" means the Chairman of the Authority.
HB3595 Enrolled - 176 - LRB104 08153 BAB 18201 b
1 "Cost" as applied to an asbestos abatement project means
2 the costs incurred or to be incurred by a public corporation or
3 a private institution in the removal, encapsulation,
4 enclosure, repair, or maintenance of asbestos in any building
5 or other facility owned, operated, maintained or occupied in
6 whole or in part by a public corporation or a private
7 institution, including all incidental costs such as
8 engineering, architectural, consulting and legal expenses
9 incurred in connection with an asbestos abatement project,
10 plans, specifications, surveys, estimates of costs and
11 revenues, finance charges, interest before and during
12 construction of an asbestos abatement project and, for up to
13 18 months after completion of construction, other expenses
14 necessary or incident to determining the need, feasibility or
15 practicability of an asbestos abatement project,
16 administrative expenses, and such other costs, charges and
17 expenses as may be necessary or incident to the construction
18 or financing of any asbestos abatement project. As used in
19 this Act, "cost" means not only costs of an asbestos abatement
20 project expected to be incurred in the future, but costs
21 already incurred and paid by a public corporation or a private
22 institution so that a public corporation or a private
23 institution shall be permitted to reimburse itself for those
24 costs previously incurred and paid.
25 "Person" means any individual, firm, partnership,
26 association, or corporation, separately or in any combination.
HB3595 Enrolled - 177 - LRB104 08153 BAB 18201 b
1 "Private institution" means any not-for-profit
2 organization within the meaning of Section 501(c)(3) of the
3 Internal Revenue Code of 1986, as now or hereafter amended,
4 including any private or nonpublic pre-school, early care and
5 education day care center, day or residential educational
6 institution that provides elementary or secondary education
7 for grades 12 or under, any private or nonpublic college or
8 university, or any hospital, health care or long term care
9 institution.
10 "Private institution security" means any bond, note, loan
11 agreement, or other evidence of indebtedness which a private
12 institution is legally authorized to issue or enter into for
13 the purpose of financing or refinancing the costs of an
14 asbestos abatement project.
15 "Public corporation" means any body corporate organized by
16 or under the laws of this State to carry out a public
17 governmental or proprietary function, including the State, any
18 State agency, any school district, park district, city,
19 village, incorporated town, county, township, drainage or any
20 other type of district, board, commission, authority,
21 university, public community college or any combination
22 (including any combination under Section 10 of Article VII of
23 the Illinois Constitution or under the Intergovernmental
24 Cooperation Act of 1973, as now or hereafter amended), acting
25 through their corporate authorities, and any other unit of
26 local government within the meaning of Section 1 of Article
HB3595 Enrolled - 178 - LRB104 08153 BAB 18201 b
1 VII of the Illinois Constitution.
2 "Public corporation security" means any bond, note, loan
3 agreement, or other evidence of indebtedness which a public
4 corporation is legally authorized to issue or enter into for
5 the purpose of financing or refinancing the costs of an
6 asbestos abatement project.
7 "Secretary" means the Secretary of the Authority.
8 "State" means the State of Illinois.
9 "Treasurer" means the Treasurer of the Authority.
10 (Source: P.A. 93-205, eff. 1-1-04.)
11 Section 50. The State Agency Employees Child Care Services
12 Act is amended by changing Sections 2, 3, 4, and 5 as follows:
13 (30 ILCS 590/2) (from Ch. 127, par. 3002)
14 Sec. 2. In this Act, unless the context otherwise
15 requires, the following terms shall have the meanings ascribed
16 to them:
17 1. "Department" means the Department of Central Management
18 Services.
19 2. "State agency" means all departments, officers,
20 commissions, boards, institutions and bodies politic and
21 corporate of the State, including the offices of Clerk of the
22 Supreme Court and Clerks of the Appellate Courts, the several
23 courts of the State and the legislature, its committees or
24 commissions.
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1 3. "Early care and educationChild care services" means
2 early care and education day care home or center services as
3 defined by the Child Care Act of 1969.
4 (Source: P.A. 84-652.)
5 (30 ILCS 590/3) (from Ch. 127, par. 3003)
6 Sec. 3. The Department may authorize a State agency to
7 contract for the provision of early care and education child
8 care services for its employees. The Department may, in
9 accordance with established rules, allow early care and
10 education day care centers to operate in State-owned or leased
11 facilities. Such facilities shall be primarily for use by
12 State employees but use by non-employees may be allowed.
13 Where a State agency enters into a contract to construct,
14 acquire or lease all or a substantial portion of a building, in
15 which more than 50 persons shall be employed, other than a
16 renewal of an existing lease, after July 1, 1990, and where a
17 need has been demonstrated, according to Section 4 of this
18 Act, on-site early care and education child care services
19 shall be provided for State employees.
20 The Department shall implement this Act and shall
21 promulgate all rules and regulations necessary for this
22 purpose. By April 1, 1991, the Department shall propose rules
23 setting forth the standards and criteria, including need and
24 feasibility, for determining if on-site early care and
25 education child care services shall be provided. The
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1 Department shall consult with the Department of Children and
2 Family Services in defining standards for early care and
3 education child care service centers established pursuant to
4 this Act to ensure compliance with the Child Care Act of 1969.
5 The Department shall establish a schedule of fees that shall
6 be charged to employees of State agencies who may obtain early
7 care and education child care services under this Act. Such
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 early care and education child care
13 services under this Act shall be responsible for full payment
14 of such charges. The Department shall report, on or before
15 December 31 of each year, to the Governor and the members of
16 the General Assembly, on the feasibility and implementation of
17 a plan for the provision of comprehensive early care and
18 education child care services.
19 (Source: P.A. 86-1482.)
20 (30 ILCS 590/4) (from Ch. 127, par. 3004)
21 Sec. 4. Prior to receiving authorization from the
22 Department to contract for early care and education child care
23 services, a State agency shall demonstrate a need for such
24 services. Proof of need submitted to the Department may
25 include a survey of agency employees as well as a
HB3595 Enrolled - 181 - LRB104 08153 BAB 18201 b
1 determination of the availability of early care and education
2 child care services under such agency, through other State
3 agencies, or in the community. The Department may also require
4 submission of a feasibility, design and implementation plan,
5 which takes into consideration similar needs and services of
6 other State agencies.
7 The Department shall assist any State agency authorized to
8 procure early care and education child care services in the
9 preparation of a request for proposals, in order to assure
10 that the services provided address the specific needs of the
11 agency personnel.
12 Any State agency authorized by the Department to contract
13 for early care and education child care services shall have
14 the sole responsibility for choosing the successful bidder and
15 overseeing the operation of its child care service program
16 within the guidelines established by the Department. The
17 Department shall adopt promulgate rules pursuant to the
18 Illinois Administrative Procedure Act which detail the
19 specific standards to be used by the Director of any State
20 agency in the selection of a vendor of early care and education
21 child care services.
22 The State agency's contract shall provide for the
23 establishment of or arrangement for the use of a licensed
24 early care and education day care center or a licensed early
25 care and education day care agency, as defined in the Child
26 Care Act of 1969.
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1 State agencies with similar needs, or those with small
2 employee populations may group together to establish need and
3 contract for the provision of early care and education child
4 care services.
5 (Source: P.A. 85-1337; 86-1482.)
6 (30 ILCS 590/5) (from Ch. 127, par. 3005)
7 Sec. 5. The General Assembly, through the Joint Committee
8 on Legislative Support Services, may contract for the
9 establishment of early care and education child care services,
10 which may also serve as a prototype or model of such services
11 for other state agencies. Such a center shall use a schedule of
12 fees and charges established by the Department under Section 3
13 of this Act. Such a center may also be used for the conduct of
14 research on child development, early care and education day
15 care standards, the effect of employer-assisted early care and
16 education child care on employee morale and productivity or
17 other subjects as determined by the Joint Committee on
18 Legislative Support Services, in consultation with the
19 Department of Children and Family Services.
20 (Source: P.A. 84-652.)
21 Section 55. The Use Tax Act is amended by changing Section
22 2c as follows:
23 (35 ILCS 105/2c) (from Ch. 120, par. 439.2c)
HB3595 Enrolled - 183 - LRB104 08153 BAB 18201 b
1 Sec. 2c. For purposes of this Act, a corporation, limited
2 liability company, society, association, foundation or
3 institution organized and operated exclusively for educational
4 purposes shall include: all tax-supported public schools;
5 private schools which offer systematic instruction in useful
6 branches of learning by methods common to public schools and
7 which compare favorably in their scope and intensity with the
8 course of study presented in tax-supported schools; licensed
9 early care and education day care centers as defined in
10 Section 2.09 of the Child Care Act of 1969 which are operated
11 by a not for profit corporation, society, association,
12 foundation, institution or organization; vocational or
13 technical schools or institutes organized and operated
14 exclusively to provide a course of study of not less than 6
15 weeks duration and designed to prepare individuals to follow a
16 trade or to pursue a manual, technical, mechanical,
17 industrial, business or commercial occupation.
18 However, a corporation, limited liability company,
19 society, association, foundation or institution organized and
20 operated for the purpose of offering professional, trade or
21 business seminars of short duration, self-improvement or
22 personality development courses, courses which are avocational
23 or recreational in nature, courses pursued entirely by open
24 circuit television or radio, correspondence courses, or
25 courses which do not provide specialized training within a
26 specific vocational or technical field shall not be considered
HB3595 Enrolled - 184 - LRB104 08153 BAB 18201 b
1 to be organized and operated exclusively for educational
2 purposes.
3 (Source: P.A. 88-480.)
4 Section 60. The Service Occupation Tax Act is amended by
5 changing Section 2c as follows:
6 (35 ILCS 115/2c) (from Ch. 120, par. 439.102c)
7 Sec. 2c. For purposes of this Act, a corporation, limited
8 liability company, society, association, foundation or
9 institution organized and operated exclusively for educational
10 purposes shall include: all tax-supported public schools;
11 private schools which offer systematic instruction in useful
12 branches of learning by methods common to public schools and
13 which compare favorably in their scope and intensity with the
14 course of study presented in tax-supported schools; licensed
15 early care and education day care centers as defined in
16 Section 2.09 of the Child Care Act of 1969 which are operated
17 by a not-for-profit corporation, society, association,
18 foundation, institution or organization; vocational or
19 technical schools or institutes organized and operated
20 exclusively to provide a course of study of not less than 6
21 weeks duration and designed to prepare individuals to follow a
22 trade or to pursue a manual, technical, mechanical,
23 industrial, business or commercial occupation.
24 However, a corporation, limited liability company,
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1 society, association, foundation or institution organized and
2 operated for the purpose of offering professional, trade or
3 business seminars of short duration, self-improvement or
4 personality development courses, courses which are avocational
5 or recreational in nature, courses pursued entirely by open
6 circuit television or radio, correspondence courses, or
7 courses which do not provide specialized training within a
8 specific vocational or technical field shall not be considered
9 to be organized and operated exclusively for educational
10 purposes.
11 (Source: P.A. 88-480.)
12 Section 65. The Retailers' Occupation Tax Act is amended
13 by changing Section 2h as follows:
14 (35 ILCS 120/2h) (from Ch. 120, par. 441h)
15 Sec. 2h. For purposes of this Act, a corporation, limited
16 liability company, society, association, foundation or
17 institution organized and operated exclusively for educational
18 purposes shall include: all tax-supported public schools;
19 private schools which offer systematic instruction in useful
20 branches of learning by methods common to public schools and
21 which compare favorably in their scope and intensity with the
22 course of study presented in tax-supported schools; licensed
23 early care and education day care centers as defined in
24 Section 2.09 of the Child Care Act of 1969 which are operated
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1 by a not for profit corporation, society, association,
2 foundation, institution or organization; vocational or
3 technical schools or institutes organized and operated
4 exclusively to provide a course of study of not less than 6
5 weeks duration and designed to prepare individuals to follow a
6 trade or to pursue a manual, technical, mechanical,
7 industrial, business or commercial occupation.
8 However, a corporation, limited liability company,
9 society, association, foundation or institution organized and
10 operated for the purpose of offering professional, trade or
11 business seminars of short duration, self-improvement or
12 personality development courses, courses which are avocational
13 or recreational in nature, courses pursued entirely by open
14 circuit television or radio, correspondence courses, or
15 courses which do not provide specialized training within a
16 specific vocational or technical field shall not be considered
17 to be organized and operated exclusively for educational
18 purposes.
19 (Source: P.A. 88-480.)
20 Section 70. The Community Self-Revitalization Act is
21 amended by changing Section 15 as follows:
22 (50 ILCS 350/15)
23 Sec. 15. Certification; Board of Economic Advisors.
24 (a) In order to receive the assistance as provided in this
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1 Act, a community shall first, by ordinance passed by its
2 corporate authorities, request that the Department certify
3 that it is an economically distressed community. The community
4 must submit a certified copy of the ordinance to the
5 Department. After review of the ordinance, if the Department
6 determines that the community meets the requirements for
7 certification, the Department may certify the community as an
8 economically distressed community.
9 (b) A community that is certified by the Department as an
10 economically distressed community may appoint a Board of
11 Economic Advisors to create and implement a revitalization
12 plan for the community. The Board shall consist of 18 members
13 of the community, appointed by the mayor or the presiding
14 officer of the county or jointly by the presiding officers of
15 each municipality and county that have joined to form a
16 community for the purposes of this Act. Up to 18 Board members
17 may be appointed from the following vital sectors:
18 (1) A member representing households and families.
19 (2) A member representing religious organizations.
20 (3) A member representing educational institutions.
21 (4) A member representing early care and education
22 daycare centers, care centers for persons with
23 disabilities, and care centers for the disadvantaged.
24 (5) A member representing community based
25 organizations such as neighborhood improvement
26 associations.
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1 (6) A member representing federal and State employment
2 service systems, skill training centers, and placement
3 referrals.
4 (7) A member representing Masonic organizations,
5 fraternities, sororities, and social clubs.
6 (8) A member representing hospitals, nursing homes,
7 senior citizens, public health agencies, and funeral
8 homes.
9 (9) A member representing organized sports, parks,
10 parties, and games of chance.
11 (10) A member representing political parties, clubs,
12 and affiliations, and election related matters concerning
13 voter education and participation.
14 (11) A member representing the cultural aspects of the
15 community, including cultural events, lifestyles,
16 languages, music, visual and performing arts, and
17 literature.
18 (12) A member representing police and fire protection
19 agencies, prisons, weapons systems, and the military
20 industrial complex.
21 (13) A member representing local businesses.
22 (14) A member representing the retail industry.
23 (15) A member representing the service industry.
24 (16) A member representing the industrial, production,
25 and manufacturing sectors.
26 (17) A member representing the advertising and
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1 marketing industry.
2 (18) A member representing the technology services
3 industry.
4 The Board shall meet initially within 30 days of its
5 appointment, shall select one member as chairperson at its
6 initial meeting, and shall thereafter meet at the call of the
7 chairperson. Members of the Board shall serve without
8 compensation.
9 (c) One third of the initial appointees shall serve for 2
10 years, one third shall serve for 3 years, and one third shall
11 serve for 4 years, as determined by lot. Subsequent appointees
12 shall serve terms of 5 years.
13 (d) The Board shall create a 3-year to 5-year
14 revitalization plan for the community. The plan shall contain
15 distinct, measurable objectives for revitalization. The
16 objectives shall be used to guide ongoing implementation of
17 the plan and to measure progress during the 3-year to 5-year
18 period. The Board shall work in a dynamic manner defining
19 goals for the community based on the strengths and weaknesses
20 of the individual sectors of the community as presented by
21 each member of the Board. The Board shall meet periodically
22 and revise the plan in light of the input from each member of
23 the Board concerning his or her respective sector of
24 expertise. The process shall be a community driven
25 revitalization process, with community-specific data
26 determining the direction and scope of the revitalization.
HB3595 Enrolled - 190 - LRB104 08153 BAB 18201 b
1 (Source: P.A. 99-143, eff. 7-27-15.)
2 Section 75. The Counties Code is amended by changing
3 Sections 4-11001, 5-1097.5, 5-12020, and 5-12024 as follows:
4 (55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)
5 (Text of Section WITH the changes made by P.A. 98-1132,
6 which has been held unconstitutional)
7 Sec. 4-11001. Juror fees. Each county shall pay to grand
8 and petit jurors for their services in attending courts the
9 sums of $25 for the first day and thereafter $50 for each day
10 of necessary attendance, or such higher amount as may be fixed
11 by the county board.
12 If a judge so orders, a juror shall also receive
13 reimbursement for the actual cost of day care incurred by the
14 juror during his or her service on a jury.
15 The juror fees for service and day care shall be paid out
16 of the county treasury.
17 The clerk of the court shall furnish to each juror without
18 fee whenever he is discharged a certificate of the number of
19 days' attendance at court, and upon presentation thereof to
20 the county treasurer, he shall pay to the juror the sum
21 provided for his service.
22 Any juror may elect to waive the fee paid for service,
23 transportation, or day care, or any combination thereof.
24 (Source: P.A. 97-840, eff. 1-1-13; 98-1132, eff. 6-1-15.)
HB3595 Enrolled - 191 - LRB104 08153 BAB 18201 b
1 (Text of Section WITHOUT the changes made by P.A. 98-1132,
2 which has been held unconstitutional)
3 Sec. 4-11001. Juror fees. Each county shall pay to grand
4 and petit jurors for their services in attending courts the
5 sum of $4 for each day of necessary attendance at such courts
6 as jurors in counties of the first class, the sum of $5 for
7 each day in counties of the second class, and the sum of $10
8 for each day in counties of the third class, or such higher
9 amount as may be fixed by the county board.
10 In addition, jurors shall receive such travel expense as
11 may be determined by the county board, provided that jurors in
12 counties of the first class and second class shall receive at
13 least 10 cents per mile for their travel expense. Mileage
14 shall be allowed for travel during a juror's term as well as
15 for travel at the opening and closing of his term.
16 If a judge so orders, a juror shall also receive
17 reimbursement for the actual cost of early care and education
18 day care incurred by the juror during his or her service on a
19 jury.
20 The juror fees for service, transportation, and early care
21 and education day care shall be paid out of the county
22 treasury.
23 The clerk of the court shall furnish to each juror without
24 fee whenever he is discharged a certificate of the number of
25 days' attendance at court, and upon presentation thereof to
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1 the county treasurer, he shall pay to the juror the sum
2 provided for his service.
3 Any juror may elect to waive the fee paid for service,
4 transportation, or early care and education day care, or any
5 combination thereof.
6 (Source: P.A. 97-840, eff. 1-1-13.)
7 (55 ILCS 5/5-1097.5)
8 Sec. 5-1097.5. Adult entertainment facility. It is
9 prohibited within an unincorporated area of a county to locate
10 an adult entertainment facility within 3,000 feet of the
11 property boundaries of any school, early care and education
12 day care center, cemetery, public park, forest preserve,
13 public housing, place of religious worship, or residence,
14 except that in a county with a population of more than 800,000
15 and less than 2,000,000 inhabitants, it is prohibited to
16 locate, construct, or operate a new adult entertainment
17 facility within one mile of the property boundaries of any
18 school, early care and education day care center, cemetery,
19 public park, forest preserve, public housing, or place of
20 religious worship located anywhere within that county.
21 Notwithstanding any other requirements of this Section, it is
22 also prohibited to locate, construct, or operate a new adult
23 entertainment facility within one mile of the property
24 boundaries of any school, early care and education day care
25 center, cemetery, public park, forest preserve, public
HB3595 Enrolled - 193 - LRB104 08153 BAB 18201 b
1 housing, or place of religious worship located in that area of
2 Cook County outside of the City of Chicago.
3 For the purposes of this Section, "adult entertainment
4 facility" means (i) a striptease club or pornographic movie
5 theatre whose business is the commercial sale, dissemination,
6 or distribution of sexually explicit material, shows, or other
7 exhibitions or (ii) an adult bookstore or adult video store
8 whose primary business is the commercial sale, dissemination,
9 or distribution of sexually explicit material, shows, or other
10 exhibitions. "Unincorporated area of a county" means any area
11 not within the boundaries of a municipality.
12 The State's Attorney of the county where the adult
13 entertainment facility is located or the Attorney General may
14 institute a civil action for an injunction to restrain
15 violations of this Section. In that proceeding, the court
16 shall determine whether a violation has been committed and
17 shall enter such orders as it considers necessary to remove
18 the effect of any violation and to prevent the violation from
19 continuing or from being renewed in the future.
20 (Source: P.A. 94-496, eff. 1-1-06; 95-214, eff. 8-16-07.)
21 (55 ILCS 5/5-12020)
22 (Text of Section before amendment by P.A. 104-458)
23 Sec. 5-12020. Commercial wind energy facilities and
24 commercial solar energy facilities.
25 (a) As used in this Section:
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1 "Commercial solar energy facility" means a "commercial
2 solar energy system" as defined in Section 10-720 of the
3 Property Tax Code. "Commercial solar energy facility" does not
4 mean a utility-scale solar energy facility being constructed
5 at a site that was eligible to participate in a procurement
6 event conducted by the Illinois Power Agency pursuant to
7 subsection (c-5) of Section 1-75 of the Illinois Power Agency
8 Act.
9 "Commercial wind energy facility" means a wind energy
10 conversion facility of equal or greater than 500 kilowatts in
11 total nameplate generating capacity. "Commercial wind energy
12 facility" includes a wind energy conversion facility seeking
13 an extension of a permit to construct granted by a county or
14 municipality before January 27, 2023 (the effective date of
15 Public Act 102-1123).
16 "Facility owner" means (i) a person with a direct
17 ownership interest in a commercial wind energy facility or a
18 commercial solar energy facility, or both, regardless of
19 whether the person is involved in acquiring the necessary
20 rights, permits, and approvals or otherwise planning for the
21 construction and operation of the facility, and (ii) at the
22 time the facility is being developed, a person who is acting as
23 a developer of the facility by acquiring the necessary rights,
24 permits, and approvals or by planning for the construction and
25 operation of the facility, regardless of whether the person
26 will own or operate the facility.
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1 "Nonparticipating property" means real property that is
2 not a participating property.
3 "Nonparticipating residence" means a residence that is
4 located on nonparticipating property and that is existing and
5 occupied on the date that an application for a permit to
6 develop the commercial wind energy facility or the commercial
7 solar energy facility is filed with the county.
8 "Occupied community building" means any one or more of the
9 following buildings that is existing and occupied on the date
10 that the application for a permit to develop the commercial
11 wind energy facility or the commercial solar energy facility
12 is filed with the county: a school, place of worship, day care
13 facility, public library, or community center.
14 "Participating property" means real property that is the
15 subject of a written agreement between a facility owner and
16 the owner of the real property that provides the facility
17 owner an easement, option, lease, or license to use the real
18 property for the purpose of constructing a commercial wind
19 energy facility, a commercial solar energy facility, or
20 supporting facilities. "Participating property" also includes
21 real property that is owned by a facility owner for the purpose
22 of constructing a commercial wind energy facility, a
23 commercial solar energy facility, or supporting facilities.
24 "Participating residence" means a residence that is
25 located on participating property and that is existing and
26 occupied on the date that an application for a permit to
HB3595 Enrolled - 196 - LRB104 08153 BAB 18201 b
1 develop the commercial wind energy facility or the commercial
2 solar energy facility is filed with the county.
3 "Protected lands" means real property that is:
4 (1) subject to a permanent conservation right
5 consistent with the Real Property Conservation Rights Act;
6 or
7 (2) registered or designated as a nature preserve,
8 buffer, or land and water reserve under the Illinois
9 Natural Areas Preservation Act.
10 "Supporting facilities" means the transmission lines,
11 substations, access roads, meteorological towers, storage
12 containers, and equipment associated with the generation and
13 storage of electricity by the commercial wind energy facility
14 or commercial solar energy facility.
15 "Wind tower" includes the wind turbine tower, nacelle, and
16 blades.
17 (b) Notwithstanding any other provision of law or whether
18 the county has formed a zoning commission and adopted formal
19 zoning under Section 5-12007, a county may establish standards
20 for commercial wind energy facilities, commercial solar energy
21 facilities, or both. The standards may include all of the
22 requirements specified in this Section but may not include
23 requirements for commercial wind energy facilities or
24 commercial solar energy facilities that are more restrictive
25 than specified in this Section. A county may also regulate the
26 siting of commercial wind energy facilities with standards
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1 that are not more restrictive than the requirements specified
2 in this Section in unincorporated areas of the county that are
3 outside the zoning jurisdiction of a municipality and that are
4 outside the 1.5-mile radius surrounding the zoning
5 jurisdiction of a municipality.
6 (c) If a county has elected to establish standards under
7 subsection (b), before the county grants siting approval or a
8 special use permit for a commercial wind energy facility or a
9 commercial solar energy facility, or modification of an
10 approved siting or special use permit, the county board of the
11 county in which the facility is to be sited or the zoning board
12 of appeals for the county shall hold at least one public
13 hearing. The public hearing shall be conducted in accordance
14 with the Open Meetings Act and shall be held not more than 60
15 days after the filing of the application for the facility. The
16 county shall allow interested parties to a special use permit
17 an opportunity to present evidence and to cross-examine
18 witnesses at the hearing, but the county may impose reasonable
19 restrictions on the public hearing, including reasonable time
20 limitations on the presentation of evidence and the
21 cross-examination of witnesses. The county shall also allow
22 public comment at the public hearing in accordance with the
23 Open Meetings Act. The county shall make its siting and
24 permitting decisions not more than 30 days after the
25 conclusion of the public hearing. Notice of the hearing shall
26 be published in a newspaper of general circulation in the
HB3595 Enrolled - 198 - LRB104 08153 BAB 18201 b
1 county. A facility owner must enter into an agricultural
2 impact mitigation agreement with the Department of Agriculture
3 prior to the date of the required public hearing. A commercial
4 wind energy facility owner seeking an extension of a permit
5 granted by a county prior to July 24, 2015 (the effective date
6 of Public Act 99-132) must enter into an agricultural impact
7 mitigation agreement with the Department of Agriculture prior
8 to a decision by the county to grant the permit extension.
9 Counties may allow test wind towers or test solar energy
10 systems to be sited without formal approval by the county
11 board.
12 (d) A county with an existing zoning ordinance in conflict
13 with this Section shall amend that zoning ordinance to be in
14 compliance with this Section within 120 days after January 27,
15 2023 (the effective date of Public Act 102-1123).
16 (e) A county may require:
17 (1) a wind tower of a commercial wind energy facility
18 to be sited as follows, with setback distances measured
19 from the center of the base of the wind tower:
20 Setback Description Setback Distance
21 Occupied Community 2.1 times the maximum blade tip
22 Buildings height of the wind tower to the
23 nearest point on the outside
24 wall of the structure
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1 Participating Residences 1.1 times the maximum blade tip
2 height of the wind tower to the
3 nearest point on the outside
4 wall of the structure
5 Nonparticipating Residences 2.1 times the maximum blade tip
6 height of the wind tower to the
7 nearest point on the outside
8 wall of the structure
9 Boundary Lines of None
10 Participating Property
11 Boundary Lines of 1.1 times the maximum blade tip
12 Nonparticipating Property height of the wind tower to the
13 nearest point on the property
14 line of the nonparticipating
15 property
16 Public Road Rights-of-Way 1.1 times the maximum blade tip
17 height of the wind tower
18 to the center point of the
19 public road right-of-way
20 Overhead Communication and 1.1 times the maximum blade tip
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1 Electric Transmission height of the wind tower to the
2 and Distribution Facilities nearest edge of the property
3 (Not Including Overhead line, easement, or
4 Utility Service Lines to right-of-way
5 Individual Houses or containing the overhead line
6 Outbuildings)
7 Overhead Utility Service None
8 Lines to Individual
9 Houses or Outbuildings
10 Fish and Wildlife Areas 2.1 times the maximum blade
11 and Illinois Nature tip height of the wind tower
12 Preserve Commission to the nearest point on the
13 Protected Lands property line of the fish and
14 wildlife area or protected
15 land
16 This Section does not exempt or excuse compliance with
17 electric facility clearances approved or required by the
18 National Electrical Code, the National Electrical Safety
19 Code, the Illinois Commerce Commission, and the Federal
20 Energy Regulatory Commission and their designees or
21 successors;
22 (2) a wind tower of a commercial wind energy facility
23 to be sited so that industry standard computer modeling
24 indicates that any occupied community building or
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1 nonparticipating residence will not experience more than
2 30 hours per year of shadow flicker under planned
3 operating conditions;
4 (3) a commercial solar energy facility to be sited as
5 follows, with setback distances measured from the nearest
6 edge of any component of the facility:
7 Setback Description Setback Distance
8 Occupied Community 150 feet from the nearest
9 Buildings and Dwellings on point on the outside wall
10 Nonparticipating Properties of the structure
11 Boundary Lines of None
12 Participating Property
13 Public Road Rights-of-Way 50 feet from the nearest
14 edge
15 Boundary Lines of 50 feet to the nearest
16 Nonparticipating Property point on the property
17 line of the nonparticipating
18 property
19 (4) a commercial solar energy facility to be sited so
20 that the facility's perimeter is enclosed by fencing
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1 having a height of at least 6 feet and no more than 25
2 feet; and
3 (5) a commercial solar energy facility to be sited so
4 that no component of a solar panel has a height of more
5 than 20 feet above ground when the solar energy facility's
6 arrays are at full tilt.
7 The requirements set forth in this subsection (e) may be
8 waived subject to the written consent of the owner of each
9 affected nonparticipating property.
10 (f) A county may not set a sound limitation for wind towers
11 in commercial wind energy facilities or any components in
12 commercial solar energy facilities that is more restrictive
13 than the sound limitations established by the Illinois
14 Pollution Control Board under 35 Ill. Adm. Code Parts 900,
15 901, and 910.
16 (g) A county may not place any restriction on the
17 installation or use of a commercial wind energy facility or a
18 commercial solar energy facility unless it adopts an ordinance
19 that complies with this Section. A county may not establish
20 siting standards for supporting facilities that preclude
21 development of commercial wind energy facilities or commercial
22 solar energy facilities.
23 A request for siting approval or a special use permit for a
24 commercial wind energy facility or a commercial solar energy
25 facility, or modification of an approved siting or special use
26 permit, shall be approved if the request is in compliance with
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1 the standards and conditions imposed in this Act, the zoning
2 ordinance adopted consistent with this Code, and the
3 conditions imposed under State and federal statutes and
4 regulations.
5 (h) A county may not adopt zoning regulations that
6 disallow, permanently or temporarily, commercial wind energy
7 facilities or commercial solar energy facilities from being
8 developed or operated in any district zoned to allow
9 agricultural or industrial uses.
10 (i) A county may not require permit application fees for a
11 commercial wind energy facility or commercial solar energy
12 facility that are unreasonable. All application fees imposed
13 by the county shall be consistent with fees for projects in the
14 county with similar capital value and cost.
15 (j) Except as otherwise provided in this Section, a county
16 shall not require standards for construction, decommissioning,
17 or deconstruction of a commercial wind energy facility or
18 commercial solar energy facility or related financial
19 assurances that are more restrictive than those included in
20 the Department of Agriculture's standard wind farm
21 agricultural impact mitigation agreement, template 81818, or
22 standard solar agricultural impact mitigation agreement,
23 version 8.19.19, as applicable and in effect on December 31,
24 2022. The amount of any decommissioning payment shall be in
25 accordance with the financial assurance required by those
26 agricultural impact mitigation agreements.
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1 (j-5) A commercial wind energy facility or a commercial
2 solar energy facility shall file a farmland drainage plan with
3 the county and impacted drainage districts outlining how
4 surface and subsurface drainage of farmland will be restored
5 during and following construction or deconstruction of the
6 facility. The plan is to be created independently by the
7 facility developer and shall include the location of any
8 potentially impacted drainage district facilities to the
9 extent this information is publicly available from the county
10 or the drainage district, plans to repair any subsurface
11 drainage affected during construction or deconstruction using
12 procedures outlined in the agricultural impact mitigation
13 agreement entered into by the commercial wind energy facility
14 owner or commercial solar energy facility owner, and
15 procedures for the repair and restoration of surface drainage
16 affected during construction or deconstruction. All surface
17 and subsurface damage shall be repaired as soon as reasonably
18 practicable.
19 (k) A county may not condition approval of a commercial
20 wind energy facility or commercial solar energy facility on a
21 property value guarantee and may not require a facility owner
22 to pay into a neighboring property devaluation escrow account.
23 (l) A county may require certain vegetative screening
24 surrounding a commercial wind energy facility or commercial
25 solar energy facility but may not require earthen berms or
26 similar structures.
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1 (m) A county may set blade tip height limitations for wind
2 towers in commercial wind energy facilities but may not set a
3 blade tip height limitation that is more restrictive than the
4 height allowed under a Determination of No Hazard to Air
5 Navigation by the Federal Aviation Administration under 14 CFR
6 Part 77.
7 (n) A county may require that a commercial wind energy
8 facility owner or commercial solar energy facility owner
9 provide:
10 (1) the results and recommendations from consultation
11 with the Illinois Department of Natural Resources that are
12 obtained through the Ecological Compliance Assessment Tool
13 (EcoCAT) or a comparable successor tool; and
14 (2) the results of the United States Fish and Wildlife
15 Service's Information for Planning and Consulting
16 environmental review or a comparable successor tool that
17 is consistent with (i) the "U.S. Fish and Wildlife
18 Service's Land-Based Wind Energy Guidelines" and (ii) any
19 applicable United States Fish and Wildlife Service solar
20 wildlife guidelines that have been subject to public
21 review.
22 (o) A county may require a commercial wind energy facility
23 or commercial solar energy facility to adhere to the
24 recommendations provided by the Illinois Department of Natural
25 Resources in an EcoCAT natural resource review report under 17
26 Ill. Adm. Code Part 1075.
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1 (p) A county may require a facility owner to:
2 (1) demonstrate avoidance of protected lands as
3 identified by the Illinois Department of Natural Resources
4 and the Illinois Nature Preserve Commission; or
5 (2) consider the recommendations of the Illinois
6 Department of Natural Resources for setbacks from
7 protected lands, including areas identified by the
8 Illinois Nature Preserve Commission.
9 (q) A county may require that a facility owner provide
10 evidence of consultation with the Illinois State Historic
11 Preservation Office to assess potential impacts on
12 State-registered historic sites under the Illinois State
13 Agency Historic Resources Preservation Act.
14 (r) To maximize community benefits, including, but not
15 limited to, reduced stormwater runoff, flooding, and erosion
16 at the ground mounted solar energy system, improved soil
17 health, and increased foraging habitat for game birds,
18 songbirds, and pollinators, a county may (1) require a
19 commercial solar energy facility owner to plant, establish,
20 and maintain for the life of the facility vegetative ground
21 cover, consistent with the goals of the Pollinator-Friendly
22 Solar Site Act and (2) require the submittal of a vegetation
23 management plan that is in compliance with the agricultural
24 impact mitigation agreement in the application to construct
25 and operate a commercial solar energy facility in the county
26 if the vegetative ground cover and vegetation management plan
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1 comply with the requirements of the underlying agreement with
2 the landowner or landowners where the facility will be
3 constructed.
4 No later than 90 days after January 27, 2023 (the
5 effective date of Public Act 102-1123), the Illinois
6 Department of Natural Resources shall develop guidelines for
7 vegetation management plans that may be required under this
8 subsection for commercial solar energy facilities. The
9 guidelines must include guidance for short-term and long-term
10 property management practices that provide and maintain native
11 and non-invasive naturalized perennial vegetation to protect
12 the health and well-being of pollinators.
13 (s) If a facility owner enters into a road use agreement
14 with the Illinois Department of Transportation, a road
15 district, or other unit of local government relating to a
16 commercial wind energy facility or a commercial solar energy
17 facility, the road use agreement shall require the facility
18 owner to be responsible for (i) the reasonable cost of
19 improving roads used by the facility owner to construct the
20 commercial wind energy facility or the commercial solar energy
21 facility and (ii) the reasonable cost of repairing roads used
22 by the facility owner during construction of the commercial
23 wind energy facility or the commercial solar energy facility
24 so that those roads are in a condition that is safe for the
25 driving public after the completion of the facility's
26 construction. Roadways improved in preparation for and during
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1 the construction of the commercial wind energy facility or
2 commercial solar energy facility shall be repaired and
3 restored to the improved condition at the reasonable cost of
4 the developer if the roadways have degraded or were damaged as
5 a result of construction-related activities.
6 The road use agreement shall not require the facility
7 owner to pay costs, fees, or charges for road work that is not
8 specifically and uniquely attributable to the construction of
9 the commercial wind energy facility or the commercial solar
10 energy facility. Road-related fees, permit fees, or other
11 charges imposed by the Illinois Department of Transportation,
12 a road district, or other unit of local government under a road
13 use agreement with the facility owner shall be reasonably
14 related to the cost of administration of the road use
15 agreement.
16 (s-5) The facility owner shall also compensate landowners
17 for crop losses or other agricultural damages resulting from
18 damage to the drainage system caused by the construction of
19 the commercial wind energy facility or the commercial solar
20 energy facility. The commercial wind energy facility owner or
21 commercial solar energy facility owner shall repair or pay for
22 the repair of all damage to the subsurface drainage system
23 caused by the construction of the commercial wind energy
24 facility or the commercial solar energy facility in accordance
25 with the agriculture impact mitigation agreement requirements
26 for repair of drainage. The commercial wind energy facility
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1 owner or commercial solar energy facility owner shall repair
2 or pay for the repair and restoration of surface drainage
3 caused by the construction or deconstruction of the commercial
4 wind energy facility or the commercial solar energy facility
5 as soon as reasonably practicable.
6 (t) Notwithstanding any other provision of law, a facility
7 owner with siting approval from a county to construct a
8 commercial wind energy facility or a commercial solar energy
9 facility is authorized to cross or impact a drainage system,
10 including, but not limited to, drainage tiles, open drainage
11 ditches, culverts, and water gathering vaults, owned or under
12 the control of a drainage district under the Illinois Drainage
13 Code without obtaining prior agreement or approval from the
14 drainage district in accordance with the farmland drainage
15 plan required by subsection (j-5).
16 (u) The amendments to this Section adopted in Public Act
17 102-1123 do not apply to: (1) an application for siting
18 approval or for a special use permit for a commercial wind
19 energy facility or commercial solar energy facility if the
20 application was submitted to a unit of local government before
21 January 27, 2023 (the effective date of Public Act 102-1123);
22 (2) a commercial wind energy facility or a commercial solar
23 energy facility if the facility owner has submitted an
24 agricultural impact mitigation agreement to the Department of
25 Agriculture before January 27, 2023 (the effective date of
26 Public Act 102-1123); or (3) a commercial wind energy or
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1 commercial solar energy development on property that is
2 located within an enterprise zone certified under the Illinois
3 Enterprise Zone Act, that was classified as industrial by the
4 appropriate zoning authority on or before January 27, 2023,
5 and that is located within 4 miles of the intersection of
6 Interstate 88 and Interstate 39.
7 (Source: P.A. 103-81, eff. 6-9-23; 103-580, eff. 12-8-23;
8 104-417, eff. 8-15-25.)
9 (Text of Section after amendment by P.A. 104-458)
10 Sec. 5-12020. Commercial wind energy facilities and
11 commercial solar energy facilities.
12 (a) As used in this Section:
13 "Commercial solar energy facility" means a "commercial
14 solar energy system" as defined in Section 10-720 of the
15 Property Tax Code. "Commercial solar energy facility" does not
16 mean a utility-scale solar energy facility being constructed
17 at a site that was eligible to participate in a procurement
18 event conducted by the Illinois Power Agency pursuant to
19 subsection (c-5) of Section 1-75 of the Illinois Power Agency
20 Act.
21 "Commercial wind energy facility" means a wind energy
22 conversion facility of equal or greater than 500 kilowatts in
23 total nameplate generating capacity. "Commercial wind energy
24 facility" includes a wind energy conversion facility seeking
25 an extension of a permit to construct granted by a county or
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1 municipality before January 27, 2023 (the effective date of
2 Public Act 102-1123).
3 "Facility owner" means (i) a person with a direct
4 ownership interest in a commercial wind energy facility or a
5 commercial solar energy facility, or both, regardless of
6 whether the person is involved in acquiring the necessary
7 rights, permits, and approvals or otherwise planning for the
8 construction and operation of the facility, and (ii) at the
9 time the facility is being developed, a person who is acting as
10 a developer of the facility by acquiring the necessary rights,
11 permits, and approvals or by planning for the construction and
12 operation of the facility, regardless of whether the person
13 will own or operate the facility.
14 "Nonparticipating property" means real property that is
15 not a participating property.
16 "Nonparticipating residence" means a residence that is
17 located on nonparticipating property and that is existing and
18 occupied on the date that an application for a permit to
19 develop the commercial wind energy facility or the commercial
20 solar energy facility is filed with the county.
21 "Occupied community building" means any one or more of the
22 following buildings that is existing and occupied on the date
23 that the application for a permit to develop the commercial
24 wind energy facility or the commercial solar energy facility
25 is filed with the county: a school, place of worship, early
26 care and education day care facility, public library, or
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1 community center.
2 "Participating property" means real property that is the
3 subject of a written agreement between a facility owner and
4 the owner of the real property that provides the facility
5 owner an easement, option, lease, or license to use the real
6 property for the purpose of constructing a commercial wind
7 energy facility, a commercial solar energy facility, or
8 supporting facilities. "Participating property" also includes
9 real property that is owned by a facility owner for the purpose
10 of constructing a commercial wind energy facility, a
11 commercial solar energy facility, or supporting facilities.
12 "Participating residence" means a residence that is
13 located on participating property and that is existing and
14 occupied on the date that an application for a permit to
15 develop the commercial wind energy facility or the commercial
16 solar energy facility is filed with the county.
17 "Protected lands" means real property that is:
18 (1) subject to a permanent conservation right
19 consistent with the Real Property Conservation Rights Act;
20 or
21 (2) registered or designated as a nature preserve,
22 buffer, or land and water reserve under the Illinois
23 Natural Areas Preservation Act.
24 "Supporting facilities" means the transmission lines,
25 substations, access roads, meteorological towers, storage
26 containers, and equipment associated with the generation and
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1 storage of electricity by the commercial wind energy facility
2 or commercial solar energy facility. "Supporting facilities"
3 includes energy storage systems capable of absorbing energy
4 and storing it for use at a later time, including, but not
5 limited to, batteries and other electrochemical and
6 electromechanical technologies or systems.
7 "Wind tower" includes the wind turbine tower, nacelle, and
8 blades.
9 (b) Notwithstanding any other provision of law or whether
10 the county has formed a zoning commission and adopted formal
11 zoning under Section 5-12007, a county may establish standards
12 for commercial wind energy facilities, commercial solar energy
13 facilities, or both. The standards may include all of the
14 requirements specified in this Section but may not include
15 requirements for commercial wind energy facilities or
16 commercial solar energy facilities that are more restrictive
17 than specified in this Section. A county may also regulate the
18 siting of commercial wind energy facilities with standards
19 that are not more restrictive than the requirements specified
20 in this Section in unincorporated areas of the county that are
21 outside the zoning jurisdiction of a municipality and that are
22 outside the 1.5-mile radius surrounding the zoning
23 jurisdiction of a municipality. A county may also regulate the
24 siting of commercial solar energy facilities with standards
25 that are not more restrictive than the requirements specified
26 in this Section in unincorporated areas of the county that are
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1 outside of the zoning jurisdiction of a municipality.
2 (c) If a county has elected to establish standards under
3 subsection (b), before the county grants siting approval or a
4 special use permit for a commercial wind energy facility or a
5 commercial solar energy facility, or modification of an
6 approved siting or special use permit, the county board of the
7 county in which the facility is to be sited or the zoning board
8 of appeals for the county shall hold at least one public
9 hearing. The public hearing shall be conducted in accordance
10 with the Open Meetings Act and shall conclude not more than 60
11 days after the filing of the application for the facility. The
12 county shall allow interested parties to a special use permit
13 an opportunity to present evidence and to cross-examine
14 witnesses at the hearing, but the county may impose reasonable
15 restrictions on the public hearing, including reasonable time
16 limitations on the presentation of evidence and the
17 cross-examination of witnesses. The county shall also allow
18 public comment at the public hearing in accordance with the
19 Open Meetings Act. The county shall make its siting and
20 permitting decisions not more than 30 days after the
21 conclusion of the public hearing. Notice of the hearing shall
22 be published in a newspaper of general circulation in the
23 county. A facility owner must enter into an agricultural
24 impact mitigation agreement with the Department of Agriculture
25 prior to the date of the required public hearing. A commercial
26 wind energy facility owner seeking an extension of a permit
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1 granted by a county prior to July 24, 2015 (the effective date
2 of Public Act 99-132) must enter into an agricultural impact
3 mitigation agreement with the Department of Agriculture prior
4 to a decision by the county to grant the permit extension.
5 Counties may allow test wind towers or test solar energy
6 systems to be sited without formal approval by the county
7 board.
8 (d) A county with an existing zoning ordinance in conflict
9 with this Section shall amend that zoning ordinance to be in
10 compliance with this Section within 120 days after January 27,
11 2023 (the effective date of Public Act 102-1123).
12 (e) A county may require:
13 (1) a wind tower of a commercial wind energy facility
14 to be sited as follows, with setback distances measured
15 from the center of the base of the wind tower:
16 Setback Description Setback Distance
17 Occupied Community 2.1 times the maximum blade tip
18 Buildings height of the wind tower to the
19 nearest point on the outside
20 wall of the structure
21 Participating Residences 1.1 times the maximum blade tip
22 height of the wind tower to the
23 nearest point on the outside
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1 wall of the structure
2 Nonparticipating Residences 2.1 times the maximum blade tip
3 height of the wind tower to the
4 nearest point on the outside
5 wall of the structure
6 Boundary Lines of None
7 Participating Property
8 Boundary Lines of 1.1 times the maximum blade tip
9 Nonparticipating Property height of the wind tower to the
10 nearest point on the property
11 line of the nonparticipating
12 property
13 Public Road Rights-of-Way 1.1 times the maximum blade tip
14 height of the wind tower
15 to the center point of the
16 public road right-of-way
17 Overhead Communication and 1.1 times the maximum blade tip
18 Electric Transmission height of the wind tower to the
19 and Distribution Facilities nearest edge of the property
20 (Not Including Overhead line, easement, or
21 Utility Service Lines to right-of-way
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containing the overhead line
1 Individual Houses or
2 Outbuildings)
3 Overhead Utility Service None
4 Lines to Individual
5 Houses or Outbuildings
6 Fish and Wildlife Areas 2.1 times the maximum blade
7 and Illinois Nature tip height of the wind tower
8 Preserve Commission to the nearest point on the
9 Protected Lands property line of the fish and
10 wildlife area or protected
11 land
12 This Section does not exempt or excuse compliance with
13 electric facility clearances approved or required by the
14 National Electrical Code, the National Electrical Safety
15 Code, the Illinois Commerce Commission, and the Federal
16 Energy Regulatory Commission and their designees or
17 successors;
18 (2) a wind tower of a commercial wind energy facility
19 to be sited so that industry standard computer modeling
20 indicates that any occupied community building or
21 nonparticipating residence will not experience more than
22 30 hours per year of shadow flicker under planned
23 operating conditions;
24 (3) a commercial solar energy facility to be sited as
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1 follows, with setback distances measured from the nearest
2 edge of any above-ground component of the facility,
3 excluding fencing:
4 Setback Description Setback Distance
5 Occupied Community 150 feet from the nearest
6 Buildings and Dwellings on point on the outside wall
7 Nonparticipating Properties of the structure
8 Boundary Lines of None
9 Participating Property
10 Public Road Rights-of-Way 50 feet from the nearest
11 edge of the public
12 right-of-way
13 Boundary Lines of 50 feet to the nearest
14 Nonparticipating Property point on the property
15 line of the nonparticipating
16 property
17 (4) a commercial solar energy facility to be sited so
18 that the facility's perimeter is enclosed by fencing
19 having a height of at least 6 feet and no more than 25
20 feet; and
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1 (5) a commercial solar energy facility to be sited so
2 that no component of a solar panel has a height of more
3 than 20 feet above ground when the solar energy facility's
4 arrays are at full tilt.
5 This subsection (e) shall not preclude the ability of a
6 county to require a reasonable setback distance between
7 fencing and public rights-of-way if the requirement is not
8 specific to commercial wind energy facilities or commercial
9 solar energy facilities and does not preclude the development
10 of commercial wind energy facilities or commercial solar
11 energy facilities or the ability of commercial wind energy
12 facilities or commercial solar energy facilities to comply
13 with the requirements set forth in this subsection (e).
14 The requirements set forth in this subsection (e) may be
15 waived subject to the written consent of the owner of each
16 affected nonparticipating property.
17 (f) A county may not set a sound limitation for wind towers
18 in commercial wind energy facilities or any components in
19 commercial solar energy facilities that is more restrictive
20 than the sound limitations established by the Illinois
21 Pollution Control Board under 35 Ill. Adm. Code Parts 900,
22 901, and 910. Additionally, in accordance with Section 25 of
23 the Environmental Protection Act, a participating property,
24 participating residence, nonparticipating property,
25 nonparticipating residence, or any combination of those
26 properties or residences may waive enforcement of the rules
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1 adopted by the Illinois Pollution Control Board under 35 Ill.
2 Adm. Code Parts 900, 901, and 910 by written waiver that
3 complies with the applicable directive established in Section
4 25 of the Environmental Protection Act and is recorded in the
5 Office of the Recorder of the county in which the
6 participating property, participating residence,
7 nonparticipating property, or nonparticipating residence is
8 located. Once recorded, such a waiver shall be binding on any
9 current and future owners, residents, lessees, invitees, and
10 users of the participating property, participating residence,
11 nonparticipating property, or nonparticipating residence for
12 enforcement purposes. An owner of any participating residence
13 or nonparticipating residence shall disclose the existence of
14 such a waiver to any lessee before entering any new lease for
15 the residence.
16 A seller or transferor of a participating property,
17 participating residence, nonparticipating property,
18 nonparticipating residence, or any combination of those
19 properties or residences shall disclose the existence of such
20 a waiver to any buyer or transferee before any sale or transfer
21 of the property. If disclosure of the waiver occurs after the
22 buyer has made an offer to purchase the property, the seller
23 shall disclose the existence of the waiver before accepting
24 the buyer's offer and shall (1) allow the buyer an opportunity
25 to review the disclosure and (2) inform the buyer that the
26 buyer has the right to amend the buyer's offer.
HB3595 Enrolled - 221 - LRB104 08153 BAB 18201 b
1 (g) A county may not place any restriction on the
2 installation or use of a commercial wind energy facility or a
3 commercial solar energy facility unless it adopts an ordinance
4 that complies with this Section. A county may not establish
5 siting standards for supporting facilities that preclude
6 development of commercial wind energy facilities or commercial
7 solar energy facilities.
8 A request for siting approval or a special use permit for a
9 commercial wind energy facility or a commercial solar energy
10 facility, or modification of an approved siting or special use
11 permit, shall be approved if the request is in compliance with
12 the standards and conditions imposed in this Act, the zoning
13 ordinance adopted consistent with this Act, and the conditions
14 imposed under State and federal statutes and regulations.
15 (h) A county may not adopt zoning regulations that
16 disallow, permanently or temporarily, commercial wind energy
17 facilities or commercial solar energy facilities from being
18 developed or operated in any district zoned to allow
19 agricultural or industrial uses.
20 (i) (Blank).
21 (i-5) All siting approval or special use permit
22 application fees for a commercial wind energy facility or
23 commercial solar energy facility must be reasonable. Fees that
24 do not exceed $5,000 per each megawatt of nameplate capacity
25 of the energy facility, up to a maximum of $125,000, shall be
26 considered presumptively reasonable. A county may also require
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1 reimbursement from the applicant for any reasonable expenses
2 incurred by the county in processing the siting approval or
3 special use permit application in excess of the maximum fee. A
4 siting approval or special use permit shall not be subject to
5 any time deadline to start construction or obtain a building
6 permit of less than 5 years from the date of siting approval or
7 special use permit approval. A county shall allow an applicant
8 to request an extension of the deadline based upon reasonable
9 cause for the extension request. The exemption shall not be
10 unreasonably withheld, conditioned, or denied.
11 (i-10) A county may require, for a commercial wind energy
12 facility or commercial solar energy facility, a single
13 building permit and a reasonable permit fee for the facility
14 which includes all supporting facilities. County building
15 permit fees for commercial wind energy facility or commercial
16 solar energy facility that do not exceed $5,000 per each
17 megawatt of nameplate capacity of the energy facility, up to a
18 maximum of $75,000, shall be considered presumptively
19 reasonable. A county may also require reimbursement from the
20 applicant for any reasonable expenses incurred by the county
21 in processing the building permit in excess of the maximum
22 fee. A county may require an applicant, upon start of
23 construction of the facility, to maintain liability insurance
24 that is commercially reasonable and consistent with prevailing
25 industry standards for similar energy facilities.
26 (j) Except as otherwise provided in this Section, a county
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1 shall not require standards for construction, decommissioning,
2 or deconstruction of a commercial wind energy facility or
3 commercial solar energy facility or related financial
4 assurances that are more restrictive than those included in
5 the Department of Agriculture's standard wind farm
6 agricultural impact mitigation agreement, template 81818, or
7 standard solar agricultural impact mitigation agreement,
8 version 8.19.19, as applicable and in effect on December 31,
9 2022. The amount of any decommissioning payment shall be in
10 accordance with the financial assurance required by those
11 agricultural impact mitigation agreements.
12 (j-5) A commercial wind energy facility or a commercial
13 solar energy facility shall file a farmland drainage plan with
14 the county and impacted drainage districts outlining how
15 surface and subsurface drainage of farmland will be restored
16 during and following construction or deconstruction of the
17 facility. The plan is to be created independently by the
18 facility developer and shall include the location of any
19 potentially impacted drainage district facilities to the
20 extent this information is publicly available from the county
21 or the drainage district, plans to repair any subsurface
22 drainage affected during construction or deconstruction using
23 procedures outlined in the agricultural impact mitigation
24 agreement entered into by the commercial wind energy facility
25 owner or commercial solar energy facility owner, and
26 procedures for the repair and restoration of surface drainage
HB3595 Enrolled - 224 - LRB104 08153 BAB 18201 b
1 affected during construction or deconstruction. All surface
2 and subsurface damage shall be repaired as soon as reasonably
3 practicable.
4 (k) A county may not condition approval of a commercial
5 wind energy facility or commercial solar energy facility on a
6 property value guarantee and may not require a facility owner
7 to pay into a neighboring property devaluation escrow account.
8 (l) A county may require certain vegetative screening
9 between a commercial solar energy facility and
10 nonparticipating residences. A county may not require earthen
11 berms or similar structures. Vegetative screening requirements
12 shall be commercially reasonable and limited in height at full
13 maturity to avoid reduction of the productive energy output of
14 the commercial solar energy facility. A county may not require
15 vegetative screening to exceed 5 feet in height when first
16 installed or prior to commercial operation date. The screening
17 requirements shall take into account the size and location of
18 the facility, visibility from nonparticipating residences,
19 compatibility of native plant species, cost and feasibility of
20 installation and maintenance, and industry standards and best
21 practices for commercial solar energy facilities.
22 (m) A county may set blade tip height limitations for wind
23 towers in commercial wind energy facilities but may not set a
24 blade tip height limitation that is more restrictive than the
25 height allowed under a Determination of No Hazard to Air
26 Navigation by the Federal Aviation Administration under 14 CFR
HB3595 Enrolled - 225 - LRB104 08153 BAB 18201 b
1 Part 77.
2 (n) A county may require that a commercial wind energy
3 facility owner or commercial solar energy facility owner
4 provide:
5 (1) the results and recommendations from consultation
6 with the Illinois Department of Natural Resources that are
7 obtained through the Ecological Compliance Assessment Tool
8 (EcoCAT) or a comparable successor tool; and
9 (2) (blank).
10 (o) A county may require a commercial wind energy facility
11 or commercial solar energy facility to adhere to the
12 recommendations provided by the Illinois Department of Natural
13 Resources in an EcoCAT natural resource review report under 17
14 Ill. Adm. Code Part 1075.
15 (p) A county may require a facility owner to:
16 (1) demonstrate avoidance of protected lands as
17 identified by the Illinois Department of Natural Resources
18 and the Illinois Nature Preserve Commission; or
19 (2) consider the recommendations of the Illinois
20 Department of Natural Resources for setbacks from
21 protected lands, including areas identified by the
22 Illinois Nature Preserve Commission.
23 (q) A county may require that a facility owner provide
24 evidence of consultation with the Illinois State Historic
25 Preservation Office to assess potential impacts on
26 State-registered historic sites under the Illinois State
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1 Agency Historic Resources Preservation Act.
2 (r) To maximize community benefits, including, but not
3 limited to, reduced stormwater runoff, flooding, and erosion
4 at the ground mounted solar energy system, improved soil
5 health, and increased foraging habitat for game birds,
6 songbirds, and pollinators, a county may (1) require a
7 commercial solar energy facility owner to plant, establish,
8 and maintain for the life of the facility vegetative ground
9 cover, consistent with the goals of the Pollinator-Friendly
10 Solar Site Act and (2) require the submittal of a vegetation
11 management plan that is in compliance with the agricultural
12 impact mitigation agreement in the application to construct
13 and operate a commercial solar energy facility in the county
14 if the vegetative ground cover and vegetation management plan
15 comply with the requirements of the underlying agreement with
16 the landowner or landowners where the facility will be
17 constructed.
18 No later than 90 days after January 27, 2023 (the
19 effective date of Public Act 102-1123), the Illinois
20 Department of Natural Resources shall develop guidelines for
21 vegetation management plans that may be required under this
22 subsection for commercial solar energy facilities. The
23 guidelines must include guidance for short-term and long-term
24 property management practices that provide and maintain native
25 and non-invasive naturalized perennial vegetation to protect
26 the health and well-being of pollinators.
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1 (s) If a facility owner enters into a road use agreement
2 with the Illinois Department of Transportation, a road
3 district, or other unit of local government relating to a
4 commercial wind energy facility or a commercial solar energy
5 facility, the road use agreement shall require the facility
6 owner to be responsible for (i) the reasonable cost of
7 improving roads used by the facility owner to construct the
8 commercial wind energy facility or the commercial solar energy
9 facility and (ii) the reasonable cost of repairing roads used
10 by the facility owner during construction of the commercial
11 wind energy facility or the commercial solar energy facility
12 so that those roads are in a condition that is safe for the
13 driving public after the completion of the facility's
14 construction. Roadways improved in preparation for and during
15 the construction of the commercial wind energy facility or
16 commercial solar energy facility shall be repaired and
17 restored to the improved condition at the reasonable cost of
18 the developer if the roadways have degraded or were damaged as
19 a result of construction-related activities.
20 The road use agreement shall not require the facility
21 owner to pay costs, fees, or charges for road work that is not
22 specifically and uniquely attributable to the construction of
23 the commercial wind energy facility or the commercial solar
24 energy facility. No road district or other unit of local
25 government may request or require permit fees, fines, or other
26 payment obligations as a requirement for a road use agreement
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1 with a facility owner unless the amount of the reasonable
2 permit fee or payment is equivalent to the amount of actual
3 expenses incurred by the road district or other unit of local
4 government for negotiating, executing, constructing, or
5 implementing the road use agreement. The road use agreement
6 shall not require any road work to be performed by or paid for
7 by the facility owner that is not specifically and uniquely
8 attributable to the road improvements required for the
9 construction of the commercial wind energy facility or the
10 commercial solar energy facility or the restoration of the
11 roads used by the facility owner during construction-related
12 activities.
13 (s-5) The facility owner shall also compensate landowners
14 for crop losses or other agricultural damages resulting from
15 damage to the drainage system caused by the construction of
16 the commercial wind energy facility or the commercial solar
17 energy facility. The commercial wind energy facility owner or
18 commercial solar energy facility owner shall repair or pay for
19 the repair of all damage to the subsurface drainage system
20 caused by the construction of the commercial wind energy
21 facility or the commercial solar energy facility in accordance
22 with the agriculture impact mitigation agreement requirements
23 for repair of drainage. The commercial wind energy facility
24 owner or commercial solar energy facility owner shall repair
25 or pay for the repair and restoration of surface drainage
26 caused by the construction or deconstruction of the commercial
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1 wind energy facility or the commercial solar energy facility
2 as soon as reasonably practicable.
3 (t) Notwithstanding any other provision of law, a facility
4 owner with siting approval from a county to construct a
5 commercial wind energy facility or a commercial solar energy
6 facility is authorized to cross or impact a drainage system,
7 including, but not limited to, drainage tiles, open drainage
8 ditches, culverts, and water gathering vaults, owned or under
9 the control of a drainage district under the Illinois Drainage
10 Code without obtaining prior agreement or approval from the
11 drainage district in accordance with the farmland drainage
12 plan required by subsection (j-5).
13 (u) The amendments to this Section adopted in Public Act
14 102-1123 do not apply to: (1) an application for siting
15 approval or for a special use permit for a commercial wind
16 energy facility or commercial solar energy facility if the
17 application was submitted to a unit of local government before
18 January 27, 2023 (the effective date of Public Act 102-1123);
19 (2) a commercial wind energy facility or a commercial solar
20 energy facility if the facility owner has submitted an
21 agricultural impact mitigation agreement to the Department of
22 Agriculture before January 27, 2023 (the effective date of
23 Public Act 102-1123); (3) a commercial wind energy or
24 commercial solar energy development on property that is
25 located within an enterprise zone certified under the Illinois
26 Enterprise Zone Act, that was classified as industrial by the
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1 appropriate zoning authority on or before January 27, 2023,
2 and that is located within 4 miles of the intersection of
3 Interstate 88 and Interstate 39; or (4) a commercial wind
4 energy or commercial solar energy development on property in
5 Madison County that is located within the area that has as its
6 northern boundary the portion of Drexelius Road that is
7 between the intersection of Drexelius Road and Wolf Road and
8 the intersection of Drexelius Road and Fosterburg Road, that
9 has as its eastern boundary the portion of Fosterburg Road
10 that is between the intersection of Fosterburg Road and
11 Drexelius Road and the intersection of Fosterburg Road and
12 Wolf Road, and that has as its southern and western boundaries
13 the portion of Wolf Road that is between the intersection of
14 Fosterburg Road and Wolf Road and the intersection of
15 Drexelius Road and Wolf Road.
16 (Source: P.A. 103-81, eff. 6-9-23; 103-580, eff. 12-8-23;
17 104-417, eff. 8-15-25; 104-458, eff. 6-1-26.)
18 (55 ILCS 5/5-12024)
19 (This Section may contain text from a Public Act with a
20 delayed effective date)
21 Sec. 5-12024. Energy storage systems.
22 (a) As used in this Section:
23 "Energy storage system" means a facility with an aggregate
24 energy capacity that is greater than 1,000 kilowatts and that
25 is capable of absorbing energy and storing it for use at a
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1 later time, including, but not limited to, electrochemical and
2 electromechanical technologies. "Energy storage system" does
3 not include technologies that require combustion. "Energy
4 storage system" also does not include energy storage systems
5 associated with commercial solar energy facilities or
6 commercial wind energy facilities as defined in Section
7 5-12020.
8 "Excused service interruption" means any period during
9 which an energy storage system does not store or discharge
10 electricity and that is planned or reasonably foreseeable for
11 standard commercial operation, including any unavailability
12 caused by a buyer; storage capacity tests; system emergencies;
13 curtailments, including curtailment orders; transmission
14 system outages; compliance with any operating restriction;
15 serial defects; and planned outages.
16 "Facility owner" means (i) a person with a direct
17 ownership interest in an energy storage system, regardless of
18 whether the person is involved in acquiring the necessary
19 rights, permits, and approvals or otherwise planning for the
20 construction and operation of the facility and (ii) a person
21 who, at the time the facility is being developed, is acting as
22 a developer of the facility by acquiring the necessary rights,
23 permits, and approvals or by planning for the construction and
24 operation of the facility, regardless of whether the person
25 will own or operate the facility.
26 "Force majeure" means any event or circumstance that
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1 delays or prevents an energy storage system from timely
2 performing all or a portion of its commercial operations if
3 the act or event, despite the exercise of commercially
4 reasonable efforts, cannot be avoided by and is beyond the
5 reasonable control, whether direct or indirect, of, and
6 without the fault or negligence of, a facility owner or
7 operator or any of its assignees. "Force majeure" includes,
8 but is not limited to:
9 (1) fire, flood, tornado, or other natural disasters
10 or acts of God;
11 (2) war, civil strife, terrorist attack, or other
12 similar acts of violence;
13 (3) unavailability of materials, equipment, services,
14 or labor, including unavailability due to global supply
15 chain shortages;
16 (4) utility or energy shortages or acts or omissions
17 of public utility providers;
18 (5) any delay resulting from a pandemic, epidemic, or
19 other public health emergency or related restrictions; and
20 (6) litigation or a regulatory proceeding regarding a
21 facility.
22 "NFPA" means the National Fire Protection Association.
23 "Nonparticipating property" means real property that is
24 not a participating property.
25 "Nonparticipating residence" means a residence that is
26 located on nonparticipating property and that exists and is
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1 occupied on the date that the application for a permit to
2 develop an energy storage system is filed with the county.
3 "Occupied community building" means a school, place of
4 worship, early care and education day care facility, public
5 library, or community center that is occupied on the date that
6 the application for a permit to develop an energy storage
7 system is filed with the county in which the building is
8 located.
9 "Participating property" means real property that is the
10 subject of a written agreement between a facility owner and
11 the owner of the real property and that provides the facility
12 owner an easement, option, lease, or license to use the real
13 property for the purpose of constructing an energy storage
14 system or supporting facilities.
15 "Protected lands" means real property that is: (i) subject
16 to a permanent conservation right consistent with the Real
17 Property Conservation Rights Act; or (ii) registered or
18 designated as a nature preserve, buffer, or land and water
19 reserve under the Illinois Natural Areas Preservation Act.
20 "Supporting facilities" means the transmission lines,
21 substations, switchyard, access roads, meteorological towers,
22 storage containers, and equipment associated with the
23 generation, storage, and dispatch of electricity by an energy
24 storage system.
25 (b) Notwithstanding any other provision of law, if a
26 county has formed a zoning commission and adopted formal
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1 zoning under Section 5-12007, then a county may establish
2 standards for energy storage systems in areas of the county
3 that are not within the zoning jurisdiction of a municipality.
4 The standards may include all of the requirements specified in
5 this Section but may not include requirements for energy
6 storage systems that are more restrictive than specified in
7 this Section or requirements that are not specified in this
8 Section.
9 (c) A county may require the energy storage facility to
10 comply with the version of NFPA 855 "Standard for the
11 Installation of Stationary Energy Storage Systems" in effect
12 on the effective date of this amendatory Act or any successor
13 standard issued by the NFPA in effect on the date of siting or
14 special use permit approval. A county may not include
15 requirements for energy storage systems that are more
16 restrictive than NFPA 855 "Standard for the Installation of
17 Stationary Energy Storage Systems" unless required by this
18 Section.
19 (d) If a county has elected to establish standards under
20 subsection (b), then the zoning board of appeals for the
21 county shall hold at least one public hearing before the
22 county grants (i) siting approval or a special use permit for
23 an energy storage system or (ii) modification of an approved
24 siting or special use permit. The public hearing shall be
25 conducted in accordance with the Open Meetings Act and shall
26 conclude not more than 60 days after the filing of the
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1 application for the facility. The county shall allow
2 interested parties to a special use permit an opportunity to
3 present evidence and to cross-examine witnesses at the
4 hearing, but the county may impose reasonable restrictions on
5 the public hearing, including reasonable time limitations on
6 the presentation of evidence and the cross-examination of
7 witnesses. The county shall also allow public comment at the
8 public hearing in accordance with the Open Meetings Act. The
9 county shall make its siting and permitting decisions not more
10 than 30 days after the conclusion of the public hearing.
11 Notice of the hearing shall be published in a newspaper of
12 general circulation in the county.
13 (e) A county with an existing zoning ordinance in conflict
14 with this Section shall amend that zoning ordinance to comply
15 with this Section within 120 days after the effective date of
16 this amendatory Act of the 104th General Assembly.
17 (f) A county shall require an energy storage system to be
18 sited as follows, with setback distances measured from the
19 nearest edge of the nearest battery or other electrochemical
20 or electromechanical enclosure:
21 Setback Description Setback Distance
22 Occupied Community 150 feet from the nearest
23 Buildings and point of the outside wall of
24 Nonparticipating Residences the occupied community building
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1 or nonparticipating residence
2 Boundary Lines of 50 feet to the nearest point
3 Occupied Community on the property line of
4 Buildings and the occupied community building
5 Nonparticipating Residences or nonparticipating property
6 Public Road Rights-of-Way 50 feet from the nearest edge
7 of the right-of-way
8 (2) A county shall also require an energy storage
9 system to be sited so that the facility's perimeter is
10 enclosed by fencing having a height of at least 7 feet and
11 no more than 25 feet.
12 This Section does not exempt or excuse compliance with
13 electric facility clearances approved or required by the
14 National Electrical Code, the National Electrical Safety Code,
15 the Illinois Commerce Commission, the Federal Energy
16 Regulatory Commission, and their designees or successors.
17 (g) A county may not set a sound limitation for energy
18 storage systems that is more restrictive than the sound
19 limitations established by the Illinois Pollution Control
20 Board under 35 Ill. Adm. Code Parts 900, 901, and 910. After
21 commercial operation, a county may require the facility owner
22 to provide, not more than once, octave band sound pressure
23 level measurements from a reasonable number of sampled
24 locations at the perimeter of the energy storage system to
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1 demonstrate compliance with this Section.
2 (h) The provisions set forth in subsection (f) may be
3 waived subject to the written consent of the owner of each
4 affected nonparticipating property or nonparticipating
5 residence.
6 (i) A county may not place any restriction on the
7 installation or use of an energy storage system unless it has
8 formed a zoning commission and adopted formal zoning under
9 Section 5-12007 and adopts an ordinance that complies with
10 this Section. A county may not establish siting standards for
11 supporting facilities that preclude development of an energy
12 storage system.
13 (j) A request for siting approval or a special use permit
14 for an energy storage system, or modification of an approved
15 siting approval or special use permit, shall be approved if
16 the request complies with the standards and conditions imposed
17 in this Code, the zoning ordinance adopted consistent with
18 this Section, and other State and federal statutes and
19 regulations. The siting approval or special use permit
20 approved by the county shall grant the facility owner a period
21 of at least 3 years after county approval to obtain a building
22 permit or commence construction of the energy storage system,
23 before the siting approval or special use permit may become
24 subject to revocation by the county. Facility owners may be
25 granted an extension on obtaining building permits or
26 commencing constructing upon a showing of good cause. A
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1 facility owner's request for an extension may not be
2 unreasonably withheld, conditioned, or denied.
3 (k) A county may not adopt zoning regulations that
4 disallow, permanently or temporarily, an energy storage system
5 from being developed or operated in any district zones to
6 allow agricultural or industrial uses.
7 (l) A facility owner shall file a farmland drainage plan
8 with the county and impacted drainage districts that outlines
9 how surface and subsurface drainage of farmland will be
10 restored during and following the construction or
11 deconstruction of the energy storage system. The plan shall be
12 created independently by the facility owner and shall include
13 the location of any potentially impacted drainage district
14 facilities to the extent the information is publicly available
15 from the county or the drainage district and plans to repair
16 any subsurface drainage affected during construction or
17 deconstruction using procedures outlined in the
18 decommissioning plan. All surface and subsurface damage shall
19 be repaired as soon as reasonably practicable.
20 (m) A facility owner shall compensate landowners for crop
21 losses or other agricultural damages resulting from damage to
22 a drainage system caused by the construction of an energy
23 storage system. The facility owner shall repair or pay for the
24 repair of all damage to the subsurface drainage system caused
25 by the construction of the energy storage system. The facility
26 owner shall repair or pay for the repair and restoration of
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1 surface drainage caused by the construction or deconstruction
2 of the energy storage facility as soon as reasonably
3 practicable.
4 (n) County siting approval or special use permit
5 application fees for an energy storage system shall not exceed
6 the lesser of (i) $5,000 per each megawatt of nameplate
7 capacity of the energy storage system or (ii) $50,000.
8 (o) The county may require a facility owner to provide a
9 decommissioning plan to the county. The decommissioning plan
10 may include all requirements for decommissioning plans in NFPA
11 855 and may also require the facility owner to:
12 (1) state how the energy storage system will be
13 decommissioned, including removal to a depth of 3 feet of
14 all structures that have no ongoing purpose and all debris
15 and restoration of the soil and any vegetation to a
16 condition as close as reasonably practicable to the soil's
17 and vegetation's preconstruction condition within 18
18 months of the end of project life or facility abandonment;
19 (2) include provisions related to commercially
20 reasonable efforts to reuse or recycle of equipment and
21 components associated with the commercial offsite energy
22 storage system;
23 (3) include financial assurance in the form of a
24 reclamation or surety bond or other commercially available
25 financial assurance that is acceptable to the county, with
26 the county or participating property owner as beneficiary.
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1 The amount of the financial assurance shall not be more
2 than the estimated cost of decommissioning the energy
3 facility, after deducting salvage value, as calculated by
4 a professional engineer licensed to practice engineering
5 in this State with expertise in preparing decommissioning
6 estimates, retained by the applicant. The financial
7 assurance shall be provided to the county incrementally as
8 follows:
9 (A) 25% before the start of full commercial
10 operation;
11 (B) 50% before the start of the 5th year of
12 commercial operation; and
13 (C) 100% by the start of the tenth year of
14 commercial operation;
15 (4) update the amount of the financial assurance not
16 more than every 5 years for the duration of commercial
17 operations. The amount shall be calculated by a
18 professional engineer licensed to practice engineering in
19 this State with expertise in decommissioning, hired by the
20 facility owner; and
21 (5) decommission the energy storage system, in
22 accordance with an approved decommissioning plan, within
23 18 months after abandonment. An energy storage system that
24 has not stored electrical energy for 12 consecutive months
25 or that fails, for a period of 6 consecutive months, to pay
26 a property owner who is party to a written agreement,
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1 including, but not limited to, an easement, option, lease,
2 or license under the terms of which an energy storage
3 system is constructed on the property, amounts owed in
4 accordance with the written agreement shall be considered
5 abandoned, except when the inability to store energy is
6 the result of an event of force majeure or excused service
7 interruption.
8 (p) A county may not condition approval of an energy
9 storage system on a property value guarantee and may not
10 require a facility owner to pay into a neighboring property
11 devaluation escrow account.
12 (q) A county may require that a facility owner provide the
13 results and recommendations from consultation with the
14 Department of Natural Resources that are obtained through the
15 Ecological Compliance Assessment Tool (EcoCAT) or a comparable
16 successor tool.
17 (r) A county may require an energy storage system to
18 adhere to the recommendations provided by the Department of
19 Natural Resources in an Agency Action Report under 17 Ill.
20 Adm. Code 1075.
21 (s) A county may require a facility owner to:
22 (1) demonstrate avoidance of protected lands as
23 identified by the Department of Natural Resources and the
24 Illinois Nature Preserves Commission; or
25 (2) consider the recommendations of the Department of
26 Natural Resources for setbacks from protected lands,
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1 including areas identified by the Illinois Nature
2 Preserves Commission.
3 (t) A county may require that a facility owner provide
4 evidence of consultation with the Illinois Historic
5 Preservation Division to assess potential impacts on
6 State-registered historic sites under the Illinois State
7 Agency Historic Resources Preservation Act.
8 (u) A county may require that an application for siting
9 approval or special use permit include the following
10 information on a site plan:
11 (1) a description of the property lines and physical
12 features, including roads, for the facility site;
13 (2) a description of the proposed changes to the
14 landscape of the facility site, including vegetation
15 clearing and planting, exterior lighting, and screening or
16 structures; and
17 (3) a description of the zoning district designation
18 for the parcel of land comprising the facility site.
19 (v) A county may not prohibit an energy storage system
20 from undertaking periodic augmentation to maintain the
21 approximate original capacity of the energy storage system. A
22 county may not require renewed or additional siting approval
23 or special use permit approval of periodic augmentation to
24 maintain the approximate original capacity of the energy
25 storage system.
26 (w) A county that issues a building permit for energy
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1 storage systems shall review and process building permit
2 applications within 60 days after receipt of the building
3 permit application. If a county does not grant or deny the
4 building permit application within 60 days, the building
5 permit shall be deemed granted. If a county denies a building
6 permit application, it shall specify the reason for the denial
7 in writing as part of its denial.
8 (x) A county may require a single building permit and a
9 reasonable permit fee for the facility which includes all
10 supporting facilities. A county building permit fee for an
11 energy storage system that does not exceed the lesser of (i)
12 $5,000 per each megawatt of nameplate capacity of the energy
13 storage system or (ii) $50,000 shall be considered
14 presumptively reasonable. A county may require that the
15 application for building permit contain:
16 (1) an electrical diagram detailing the battery energy
17 storage system layout, associated components, and
18 electrical interconnection methods, with all National
19 Electrical Code compliant disconnects and overcurrent
20 devices; and
21 (2) an equipment specification sheet.
22 (y) A county may require the facility owner to submit to
23 the county prior to the facility's commercial operation a
24 commissioning report meeting the requirements of NFPA 855
25 Sections 4.2.4, 6.1.3, and 6.1.5.5, as published in 2023, or
26 the applicable Sections in the most recent version of NFPA
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1 855.
2 (z) A county may require the facility owner to submit to
3 the county prior to the facility's commercial operation a
4 hazard mitigation analysis meeting the requirements of NFPA
5 855 Section 4.4 or the applicable Sections in the most recent
6 version of NFPA 855.
7 (aa) A county may require the facility owner to submit to
8 the county an emergency operations plan meeting the
9 requirements of NFPA 855 Section 4.3.2.1.4, published in 2023,
10 or applicable Sections in the most recent version of NFPA 855,
11 prior to commercial operation.
12 (bb) A county may require a warning that complies with
13 requirements in NFPA 855 Section 4.7.4, published in 2023, or
14 applicable sections in the most recent version of NFPA 855.
15 (cc) A county may require the energy storage system to
16 adhere to the principles for responsible outdoor lighting
17 provided by the International Dark-Sky Association and shall
18 limit outdoor lighting to that which is minimally required for
19 safety and operational purposes. Any outdoor lighting shall be
20 reasonably shielded and downcast from all residences and
21 adjacent properties.
22 (dd) This Section does not exempt compliance with fire and
23 safety standards and guidance established for the installation
24 of lithium-ion battery energy storage systems set by the NFPA.
25 (ee) Prior to commencement of commercial operation, the
26 facility owner shall offer to provide training for local fire
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1 departments and emergency responders in accordance with the
2 facility emergency operations plan. A copy of the emergency
3 operations plan shall be given to the facility owner, the
4 local fire department, and emergency responders. All batteries
5 integrated within an energy storage system shall be listed
6 under the UL 1973 Standard. All batteries integrated within an
7 energy storage system shall be listed in accordance with UL
8 9540 Standard, either from the manufacturer or by a field
9 evaluation.
10 (ff) If a facility owner enters into a road use agreement
11 with the Department of Transportation, a road district, or
12 other unit of local government relating to an energy storage
13 system, then the road use agreement shall require the facility
14 owner to be responsible for (i) the reasonable cost of
15 improving, if necessary, roads used by the facility owner to
16 construct the energy storage system and (ii) the reasonable
17 cost of repairing roads used by the facility owner during
18 construction of the energy storage system so that those roads
19 are in a condition that is safe for the driving public after
20 the completion of the facility's construction. A roadway
21 improved in preparation for and during the construction of the
22 energy storage system shall be repaired and restored to the
23 improved condition at the reasonable cost of the developer if
24 the roadways have degraded or were damaged as a result of
25 construction-related activities.
26 The road use agreement shall not require the facility
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1 owner to pay costs, fees, or charges for road work that is not
2 specifically and uniquely attributable to the construction of
3 the energy storage system. No road district or other unit of
4 local government may request or require a fine, permit fee, or
5 other payment obligation as a requirement for a road use
6 agreement with a facility owner unless the amount of the fine,
7 permit fee, or other payment obligation is equivalent to the
8 amount of actual expenses incurred by the road district or
9 other unit of local government for negotiating, executing,
10 constructing, or implementing the road use agreement. The road
11 use agreement shall not require the facility owner to perform
12 or pay for any road work that is unrelated to the road
13 improvements required for the construction of the commercial
14 wind energy facility or the commercial solar energy facility
15 or the restoration of the roads used by the facility owner
16 during construction-related activities.
17 (gg) The provisions of this amendatory Act of the 104th
18 General Assembly do not apply to an application for siting
19 approval or special use permit for an energy storage system if
20 the application was submitted to a county before the effective
21 date of this amendatory Act of the 104th General Assembly.
22 (Source: P.A. 104-458, eff. 6-1-26.)
23 Section 80. The Township Code is amended by changing
24 Section 85-13 as follows:
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1 (60 ILCS 1/85-13)
2 Sec. 85-13. Township services, generally.
3 (a) The township board may either expend funds directly or
4 may enter into any cooperative agreement or contract with any
5 other governmental entity, not-for-profit corporation,
6 non-profit community service association, or any for-profit
7 business entity as provided in subsection (b) with respect to
8 the expenditure of township funds, or funds made available to
9 the township under the federal State and Local Fiscal
10 Assistance Act of 1972, to provide any of the following
11 services to the residents of the township:
12 (1) Ordinary and necessary maintenance and operating
13 expenses for the following:
14 (A) Public safety (including law enforcement, fire
15 protection, and building code enforcement).
16 (B) Environmental protection (including sewage
17 disposal, sanitation, and pollution abatement).
18 (C) Public transportation (including transit
19 systems, paratransit systems, and streets and roads).
20 (D) Health, including mental, behavioral, eye,
21 dental, or other healthcare.
22 (E) Recreation.
23 (F) Libraries.
24 (G) Social services for the poor and aged.
25 (2) Ordinary and necessary capital expenditures
26 authorized by law.
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1 (3) Development and retention of business, industrial,
2 manufacturing, and tourist facilities within the township.
3 (b) To be eligible to receive funds from the township
4 under this Section, a private not-for-profit corporation or
5 community service association shall have been in existence at
6 least one year before receiving the funds. The township board
7 may, however, for the purpose of providing early care and
8 education day care services, contract with early care and
9 education providers day care facilities licensed under the
10 Child Care Act of 1969, regardless of whether the providers
11 facilities are organized on a for-profit or not-for-profit
12 basis.
13 (c) Township governments that directly expend or contract
14 for early care and education day care shall use the standard of
15 need established by the Department of Children and Family
16 Services in determining recipients of subsidized early care
17 and education day care and shall use the rate schedule used by
18 the Department of Children and Family Services for the
19 purchase of subsidized early care and education day care.
20 Notwithstanding the preceding sentence, the township board may
21 approve the application of a different, publicly available,
22 professional or academically recognized standard of need in
23 determining eligibility for subsidized early care and
24 education day care.
25 (d) Township governments that directly expend or contract
26 for senior citizen services may contract with for-profit (or
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1 not-for-profit) and non-sectarian organizations as provided in
2 Sections 220-15 and 220-35.
3 (e) Those township supervisors or other elected township
4 officials who are also members of a county board shall not vote
5 on questions before the township board or the county board
6 that relate to agreements or contracts between the township
7 and the county under this Section or agreements or contracts
8 between the township and the county that are otherwise
9 authorized by law.
10 (f) The township board may enter into direct agreements
11 with for-profit corporations or other business entities to
12 carry out recycling programs in unincorporated areas of the
13 township.
14 The township board may by ordinance administer a recycling
15 program or adopt rules and regulations relating to recycling
16 programs in unincorporated areas of the township that it from
17 time to time deems necessary and may provide penalties for
18 violations of those rules and regulations.
19 (g) For purposes of alleviating high unemployment,
20 economically depressed conditions, and lack of moderately
21 priced housing, the trustees of a township that includes all
22 or a portion of a city that is a "financially distressed city"
23 under the Financially Distressed City Law may contract with
24 one or more not-for-profit or for-profit organizations to
25 construct and operate within the boundaries of the township a
26 factory designed to manufacture housing or housing components.
HB3595 Enrolled - 250 - LRB104 08153 BAB 18201 b
1 The contract may provide for the private organization or
2 organizations to manage some or all operations of the factory
3 and may provide for (i) payment of employee compensation and
4 taxes; (ii) discharge of other legal responsibilities; (iii)
5 sale of products; (iv) disposition of the factory, equipment,
6 and other property; and (v) any other matters the township
7 trustees consider reasonable.
8 (Source: P.A. 103-192, eff. 1-1-24.)
9 Section 85. The Illinois Municipal Code is amended by
10 changing Sections 8-3-18, 11-5-1.5, 11-21.5-5, 11-74.4-3, and
11 11-80-15 as follows:
12 (65 ILCS 5/8-3-18)
13 Sec. 8-3-18. A municipality, upon a majority vote of its
14 governing authority, may abate taxes levied for corporate
15 purposes under Section 8-3-1 in an amount not to exceed 50% of
16 the donation by a taxpayer who donates not less than $10,000 to
17 a qualified program. The abatement shall not exceed the tax
18 extension on the taxpayer's real property for the levy year in
19 which the donation is made.
20 For purposes of this Section, "qualified program" means a
21 facility or a program in an area designated as a target area by
22 the governing authority of the municipality for the creation
23 or expansion of job training and counseling programs, youth
24 early care and education day care centers, congregate housing
HB3595 Enrolled - 251 - LRB104 08153 BAB 18201 b
1 programs for senior adults, youth recreation programs, alcohol
2 and drug abuse prevention, mental health counseling programs,
3 domestic violence shelters, and other programs, facilities or
4 services approved by the governing authority as qualified
5 programs in a target area.
6 (Source: P.A. 88-389.)
7 (65 ILCS 5/11-5-1.5)
8 Sec. 11-5-1.5. Adult entertainment facility. It is
9 prohibited within a municipality to locate an adult
10 entertainment facility within 1,000 feet of the property
11 boundaries of any school, early care and education day care
12 center, cemetery, public park, forest preserve, public
13 housing, and place of religious worship, except that in a
14 county with a population of more than 800,000 and less than
15 2,000,000 inhabitants, it is prohibited to locate, construct,
16 or operate a new adult entertainment facility within one mile
17 of the property boundaries of any school, early care and
18 education day care center, cemetery, public park, forest
19 preserve, public housing, or place of religious worship
20 located anywhere within that county. Notwithstanding any other
21 requirements of this Section, it is also prohibited to locate,
22 construct, or operate a new adult entertainment facility
23 within one mile of the property boundaries of any school,
24 early care and education day care center, cemetery, public
25 park, forest preserve, public housing, or place of religious
HB3595 Enrolled - 252 - LRB104 08153 BAB 18201 b
1 worship located in that area of Cook County outside of the City
2 of Chicago.
3 For the purposes of this Section, "adult entertainment
4 facility" means (i) a striptease club or pornographic movie
5 theatre whose business is the commercial sale, dissemination,
6 or distribution of sexually explicit material, shows, or other
7 exhibitions or (ii) an adult bookstore or adult video store in
8 which 25% or more of its stock-in-trade, books, magazines, and
9 films for sale, exhibition, or viewing on-premises are
10 sexually explicit material.
11 (Source: P.A. 95-47, eff. 1-1-08; 95-214, eff. 8-16-07;
12 95-876, eff. 8-21-08.)
13 (65 ILCS 5/11-21.5-5)
14 Sec. 11-21.5-5. Local emergency energy plans.
15 (a) Any municipality, including a home rule municipality,
16 may, by ordinance, require any electric utility (i) that
17 serves more than 1,000,000 customers in Illinois and (ii) that
18 is operating within the corporate limits of the municipality
19 to adopt and to provide the municipality with a local
20 emergency energy plan. For the purposes of this Section, (i)
21 "local emergency energy plan" or "plan" means a planned course
22 of action developed by the electric utility that is
23 implemented when the demand for electricity exceeds, or is at
24 significant risk of exceeding, the supply of electricity
25 available to the electric utility and (ii) "local emergency
HB3595 Enrolled - 253 - LRB104 08153 BAB 18201 b
1 energy plan ordinance" means an ordinance adopted by the
2 corporate authorities of the municipality under this Section
3 that requires local emergency energy plans.
4 (b) A local emergency energy plan must include the
5 following information:
6 (1) the circumstances that would require the
7 implementation of the plan;
8 (2) the levels or stages of the plan;
9 (3) the approximate geographic limits of each outage
10 area provided for in the plan;
11 (4) the approximate number of customers within each
12 outage area provided for in the plan;
13 (5) any police facilities, fire stations, hospitals,
14 nursing homes, schools, early care and education day care
15 centers, senior citizens centers, community health
16 centers, blood banks, dialysis centers, community mental
17 health centers, correctional facilities, stormwater and
18 wastewater treatment or pumping facilities, water-pumping
19 stations, buildings in excess of 80 feet in height that
20 have been identified by the municipality, and persons on
21 life support systems that are known to the electric
22 utility that could be affected by controlled rotating
23 interruptions of electric service under the plan; and
24 (6) the anticipated sequence and duration of
25 intentional interruptions of electric service to each
26 outage area under the plan.
HB3595 Enrolled - 254 - LRB104 08153 BAB 18201 b
1 (c) A local emergency energy plan ordinance may require
2 that, when an electric utility determines it is necessary to
3 implement a controlled rotating interruption of electric
4 service because the demand for electricity exceeds, or is at
5 significant risk of exceeding, the supply of electricity
6 available to the electric utility, the electric utility notify
7 a designated municipal officer that the electric utility will
8 be implementing its local emergency energy plan. The
9 notification shall be made pursuant to a procedure approved by
10 the municipality after consultation with the electric utility.
11 (d) After providing the notice required in subsection (c),
12 an electric utility shall reasonably and separately advise
13 designated municipal officials before it implements each level
14 or stage of the plan, which shall include (i) a request for
15 emergency help from neighboring utilities, (ii) a declaration
16 of a control area emergency, and (iii) a public appeal for
17 voluntary curtailment of electricity use.
18 (e) The electric utility must give a separate notice to a
19 designated municipal official immediately after it determines
20 that there will be a controlled rotating interruption of
21 electric service under the local emergency energy plan. The
22 notification must include (i) the areas in which service will
23 be interrupted, (ii) the sequence and estimated duration of
24 the service outage for each area, (iii) the affected feeders,
25 and (iv) the number of affected customers in each area.
26 Whenever practical, the notification shall be made at least 2
HB3595 Enrolled - 255 - LRB104 08153 BAB 18201 b
1 hours before the time of the outages. If the electric utility
2 is aware that controlled rotating interruptions may be
3 required, the notification may not be made less than 30
4 minutes before the outages.
5 (f) A local emergency energy plan ordinance may provide
6 civil penalties for violations of its provisions. The
7 penalties must be permitted under the Illinois Municipal Code.
8 (g) The notifications required by this Section are in
9 addition to the notification requirements of any applicable
10 franchise agreement or ordinance and to the notification
11 requirements of any applicable federal or State law, rule, and
12 regulation.
13 (h) Except for any penalties or remedies that may be
14 provided in a local emergency energy plan ordinance, in this
15 Act, or in rules adopted by the Illinois Commerce Commission,
16 nothing in this Section shall be construed to impose liability
17 for or prevent a utility from taking any actions that are
18 necessary at any time, in any order, and with or without notice
19 that are required to preserve the integrity of the electric
20 utility's electrical system and interconnected network.
21 (i) Nothing in this Section, a local emergency energy plan
22 ordinance, or a local emergency energy plan creates any duty
23 of a municipality to any person or entity. No municipality may
24 be subject to any claim or cause of action arising, directly or
25 indirectly, from its decision to adopt or to refrain from
26 adopting a local emergency energy plan ordinance. No
HB3595 Enrolled - 256 - LRB104 08153 BAB 18201 b
1 municipality may be subject to any claim or cause of action
2 arising, directly or indirectly, from any act or omission
3 under the terms of or information provided in a local
4 emergency energy plan filed under a local emergency energy
5 plan ordinance.
6 (Source: P.A. 92-651, eff. 7-11-02; 93-293, eff. 7-22-03.)
7 (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
8 (Text of Section before amendment by P.A. 104-457)
9 Sec. 11-74.4-3. Definitions. The following terms, wherever
10 used or referred to in this Division 74.4 shall have the
11 following respective meanings, unless in any case a different
12 meaning clearly appears from the context.
13 (a) For any redevelopment project area that has been
14 designated pursuant to this Section by an ordinance adopted
15 prior to November 1, 1999 (the effective date of Public Act
16 91-478), "blighted area" shall have the meaning set forth in
17 this Section prior to that date.
18 On and after November 1, 1999, "blighted area" means any
19 improved or vacant area within the boundaries of a
20 redevelopment project area located within the territorial
21 limits of the municipality where:
22 (1) If improved, industrial, commercial, and
23 residential buildings or improvements are detrimental to
24 the public safety, health, or welfare because of a
25 combination of 5 or more of the following factors, each of
HB3595 Enrolled - 257 - LRB104 08153 BAB 18201 b
1 which is (i) present, with that presence documented, to a
2 meaningful extent so that a municipality may reasonably
3 find that the factor is clearly present within the intent
4 of the Act and (ii) reasonably distributed throughout the
5 improved part of the redevelopment project area:
6 (A) Dilapidation. An advanced state of disrepair
7 or neglect of necessary repairs to the primary
8 structural components of buildings or improvements in
9 such a combination that a documented building
10 condition analysis determines that major repair is
11 required or the defects are so serious and so
12 extensive that the buildings must be removed.
13 (B) Obsolescence. The condition or process of
14 falling into disuse. Structures have become ill-suited
15 for the original use.
16 (C) Deterioration. With respect to buildings,
17 defects including, but not limited to, major defects
18 in the secondary building components such as doors,
19 windows, porches, gutters and downspouts, and fascia.
20 With respect to surface improvements, that the
21 condition of roadways, alleys, curbs, gutters,
22 sidewalks, off-street parking, and surface storage
23 areas evidence deterioration, including, but not
24 limited to, surface cracking, crumbling, potholes,
25 depressions, loose paving material, and weeds
26 protruding through paved surfaces.
HB3595 Enrolled - 258 - LRB104 08153 BAB 18201 b
1 (D) Presence of structures below minimum code
2 standards. All structures that do not meet the
3 standards of zoning, subdivision, building, fire, and
4 other governmental codes applicable to property, but
5 not including housing and property maintenance codes.
6 (E) Illegal use of individual structures. The use
7 of structures in violation of applicable federal,
8 State, or local laws, exclusive of those applicable to
9 the presence of structures below minimum code
10 standards.
11 (F) Excessive vacancies. The presence of buildings
12 that are unoccupied or under-utilized and that
13 represent an adverse influence on the area because of
14 the frequency, extent, or duration of the vacancies.
15 (G) Lack of ventilation, light, or sanitary
16 facilities. The absence of adequate ventilation for
17 light or air circulation in spaces or rooms without
18 windows, or that require the removal of dust, odor,
19 gas, smoke, or other noxious airborne materials.
20 Inadequate natural light and ventilation means the
21 absence of skylights or windows for interior spaces or
22 rooms and improper window sizes and amounts by room
23 area to window area ratios. Inadequate sanitary
24 facilities refers to the absence or inadequacy of
25 garbage storage and enclosure, bathroom facilities,
26 hot water and kitchens, and structural inadequacies
HB3595 Enrolled - 259 - LRB104 08153 BAB 18201 b
1 preventing ingress and egress to and from all rooms
2 and units within a building.
3 (H) Inadequate utilities. Underground and overhead
4 utilities such as storm sewers and storm drainage,
5 sanitary sewers, water lines, and gas, telephone, and
6 electrical services that are shown to be inadequate.
7 Inadequate utilities are those that are: (i) of
8 insufficient capacity to serve the uses in the
9 redevelopment project area, (ii) deteriorated,
10 antiquated, obsolete, or in disrepair, or (iii)
11 lacking within the redevelopment project area.
12 (I) Excessive land coverage and overcrowding of
13 structures and community facilities. The
14 over-intensive use of property and the crowding of
15 buildings and accessory facilities onto a site.
16 Examples of problem conditions warranting the
17 designation of an area as one exhibiting excessive
18 land coverage are: (i) the presence of buildings
19 either improperly situated on parcels or located on
20 parcels of inadequate size and shape in relation to
21 present-day standards of development for health and
22 safety and (ii) the presence of multiple buildings on
23 a single parcel. For there to be a finding of excessive
24 land coverage, these parcels must exhibit one or more
25 of the following conditions: insufficient provision
26 for light and air within or around buildings,
HB3595 Enrolled - 260 - LRB104 08153 BAB 18201 b
1 increased threat of spread of fire due to the close
2 proximity of buildings, lack of adequate or proper
3 access to a public right-of-way, lack of reasonably
4 required off-street parking, or inadequate provision
5 for loading and service.
6 (J) Deleterious land use or layout. The existence
7 of incompatible land-use relationships, buildings
8 occupied by inappropriate mixed-uses, or uses
9 considered to be noxious, offensive, or unsuitable for
10 the surrounding area.
11 (K) Environmental clean-up. The proposed
12 redevelopment project area has incurred Illinois
13 Environmental Protection Agency or United States
14 Environmental Protection Agency remediation costs for,
15 or a study conducted by an independent consultant
16 recognized as having expertise in environmental
17 remediation has determined a need for, the clean-up of
18 hazardous waste, hazardous substances, or underground
19 storage tanks required by State or federal law,
20 provided that the remediation costs constitute a
21 material impediment to the development or
22 redevelopment of the redevelopment project area.
23 (L) Lack of community planning. The proposed
24 redevelopment project area was developed prior to or
25 without the benefit or guidance of a community plan.
26 This means that the development occurred prior to the
HB3595 Enrolled - 261 - LRB104 08153 BAB 18201 b
1 adoption by the municipality of a comprehensive or
2 other community plan or that the plan was not followed
3 at the time of the area's development. This factor
4 must be documented by evidence of adverse or
5 incompatible land-use relationships, inadequate street
6 layout, improper subdivision, parcels of inadequate
7 shape and size to meet contemporary development
8 standards, or other evidence demonstrating an absence
9 of effective community planning.
10 (M) The total equalized assessed value of the
11 proposed redevelopment project area has declined for 3
12 of the last 5 calendar years prior to the year in which
13 the redevelopment project area is designated or is
14 increasing at an annual rate that is less than the
15 balance of the municipality for 3 of the last 5
16 calendar years for which information is available or
17 is increasing at an annual rate that is less than the
18 Consumer Price Index for All Urban Consumers published
19 by the United States Department of Labor or successor
20 agency for 3 of the last 5 calendar years prior to the
21 year in which the redevelopment project area is
22 designated.
23 (2) If vacant, the sound growth of the redevelopment
24 project area is impaired by a combination of 2 or more of
25 the following factors, each of which is (i) present, with
26 that presence documented, to a meaningful extent so that a
HB3595 Enrolled - 262 - LRB104 08153 BAB 18201 b
1 municipality may reasonably find that the factor is
2 clearly present within the intent of the Act and (ii)
3 reasonably distributed throughout the vacant part of the
4 redevelopment project area to which it pertains:
5 (A) Obsolete platting of vacant land that results
6 in parcels of limited or narrow size or configurations
7 of parcels of irregular size or shape that would be
8 difficult to develop on a planned basis and in a manner
9 compatible with contemporary standards and
10 requirements, or platting that failed to create
11 rights-of-ways for streets or alleys or that created
12 inadequate right-of-way widths for streets, alleys, or
13 other public rights-of-way or that omitted easements
14 for public utilities.
15 (B) Diversity of ownership of parcels of vacant
16 land sufficient in number to retard or impede the
17 ability to assemble the land for development.
18 (C) Tax and special assessment delinquencies exist
19 or the property has been the subject of tax sales under
20 the Property Tax Code within the last 5 years.
21 (D) Deterioration of structures or site
22 improvements in neighboring areas adjacent to the
23 vacant land.
24 (E) The area has incurred Illinois Environmental
25 Protection Agency or United States Environmental
26 Protection Agency remediation costs for, or a study
HB3595 Enrolled - 263 - LRB104 08153 BAB 18201 b
1 conducted by an independent consultant recognized as
2 having expertise in environmental remediation has
3 determined a need for, the clean-up of hazardous
4 waste, hazardous substances, or underground storage
5 tanks required by State or federal law, provided that
6 the remediation costs constitute a material impediment
7 to the development or redevelopment of the
8 redevelopment project area.
9 (F) The total equalized assessed value of the
10 proposed redevelopment project area has declined for 3
11 of the last 5 calendar years prior to the year in which
12 the redevelopment project area is designated or is
13 increasing at an annual rate that is less than the
14 balance of the municipality for 3 of the last 5
15 calendar years for which information is available or
16 is increasing at an annual rate that is less than the
17 Consumer Price Index for All Urban Consumers published
18 by the United States Department of Labor or successor
19 agency for 3 of the last 5 calendar years prior to the
20 year in which the redevelopment project area is
21 designated.
22 (3) If vacant, the sound growth of the redevelopment
23 project area is impaired by one of the following factors
24 that (i) is present, with that presence documented, to a
25 meaningful extent so that a municipality may reasonably
26 find that the factor is clearly present within the intent
HB3595 Enrolled - 264 - LRB104 08153 BAB 18201 b
1 of the Act and (ii) is reasonably distributed throughout
2 the vacant part of the redevelopment project area to which
3 it pertains:
4 (A) The area consists of one or more unused
5 quarries, mines, or strip mine ponds.
6 (B) The area consists of unused rail yards, rail
7 tracks, or railroad rights-of-way.
8 (C) The area, prior to its designation, is subject
9 to (i) chronic flooding that adversely impacts on real
10 property in the area as certified by a registered
11 professional engineer or appropriate regulatory agency
12 or (ii) surface water that discharges from all or a
13 part of the area and contributes to flooding within
14 the same watershed, but only if the redevelopment
15 project provides for facilities or improvements to
16 contribute to the alleviation of all or part of the
17 flooding.
18 (D) The area consists of an unused or illegal
19 disposal site containing earth, stone, building
20 debris, or similar materials that were removed from
21 construction, demolition, excavation, or dredge sites.
22 (E) Prior to November 1, 1999, the area is not less
23 than 50 nor more than 100 acres and 75% of which is
24 vacant (notwithstanding that the area has been used
25 for commercial agricultural purposes within 5 years
26 prior to the designation of the redevelopment project
HB3595 Enrolled - 265 - LRB104 08153 BAB 18201 b
1 area), and the area meets at least one of the factors
2 itemized in paragraph (1) of this subsection, the area
3 has been designated as a town or village center by
4 ordinance or comprehensive plan adopted prior to
5 January 1, 1982, and the area has not been developed
6 for that designated purpose.
7 (F) The area qualified as a blighted improved area
8 immediately prior to becoming vacant, unless there has
9 been substantial private investment in the immediately
10 surrounding area.
11 (b) For any redevelopment project area that has been
12 designated pursuant to this Section by an ordinance adopted
13 prior to November 1, 1999 (the effective date of Public Act
14 91-478), "conservation area" shall have the meaning set forth
15 in this Section prior to that date.
16 On and after November 1, 1999, "conservation area" means
17 any improved area within the boundaries of a redevelopment
18 project area located within the territorial limits of the
19 municipality in which 50% or more of the structures in the area
20 have an age of 35 years or more. Such an area is not yet a
21 blighted area but because of a combination of 3 or more of the
22 following factors is detrimental to the public safety, health,
23 morals or welfare and such an area may become a blighted area:
24 (1) Dilapidation. An advanced state of disrepair or
25 neglect of necessary repairs to the primary structural
26 components of buildings or improvements in such a
HB3595 Enrolled - 266 - LRB104 08153 BAB 18201 b
1 combination that a documented building condition analysis
2 determines that major repair is required or the defects
3 are so serious and so extensive that the buildings must be
4 removed.
5 (2) Obsolescence. The condition or process of falling
6 into disuse. Structures have become ill-suited for the
7 original use.
8 (3) Deterioration. With respect to buildings, defects
9 including, but not limited to, major defects in the
10 secondary building components such as doors, windows,
11 porches, gutters and downspouts, and fascia. With respect
12 to surface improvements, that the condition of roadways,
13 alleys, curbs, gutters, sidewalks, off-street parking, and
14 surface storage areas evidence deterioration, including,
15 but not limited to, surface cracking, crumbling, potholes,
16 depressions, loose paving material, and weeds protruding
17 through paved surfaces.
18 (4) Presence of structures below minimum code
19 standards. All structures that do not meet the standards
20 of zoning, subdivision, building, fire, and other
21 governmental codes applicable to property, but not
22 including housing and property maintenance codes.
23 (5) Illegal use of individual structures. The use of
24 structures in violation of applicable federal, State, or
25 local laws, exclusive of those applicable to the presence
26 of structures below minimum code standards.
HB3595 Enrolled - 267 - LRB104 08153 BAB 18201 b
1 (6) Excessive vacancies. The presence of buildings
2 that are unoccupied or under-utilized and that represent
3 an adverse influence on the area because of the frequency,
4 extent, or duration of the vacancies.
5 (7) Lack of ventilation, light, or sanitary
6 facilities. The absence of adequate ventilation for light
7 or air circulation in spaces or rooms without windows, or
8 that require the removal of dust, odor, gas, smoke, or
9 other noxious airborne materials. Inadequate natural light
10 and ventilation means the absence or inadequacy of
11 skylights or windows for interior spaces or rooms and
12 improper window sizes and amounts by room area to window
13 area ratios. Inadequate sanitary facilities refers to the
14 absence or inadequacy of garbage storage and enclosure,
15 bathroom facilities, hot water and kitchens, and
16 structural inadequacies preventing ingress and egress to
17 and from all rooms and units within a building.
18 (8) Inadequate utilities. Underground and overhead
19 utilities such as storm sewers and storm drainage,
20 sanitary sewers, water lines, and gas, telephone, and
21 electrical services that are shown to be inadequate.
22 Inadequate utilities are those that are: (i) of
23 insufficient capacity to serve the uses in the
24 redevelopment project area, (ii) deteriorated, antiquated,
25 obsolete, or in disrepair, or (iii) lacking within the
26 redevelopment project area.
HB3595 Enrolled - 268 - LRB104 08153 BAB 18201 b
1 (9) Excessive land coverage and overcrowding of
2 structures and community facilities. The over-intensive
3 use of property and the crowding of buildings and
4 accessory facilities onto a site. Examples of problem
5 conditions warranting the designation of an area as one
6 exhibiting excessive land coverage are: the presence of
7 buildings either improperly situated on parcels or located
8 on parcels of inadequate size and shape in relation to
9 present-day standards of development for health and safety
10 and the presence of multiple buildings on a single parcel.
11 For there to be a finding of excessive land coverage,
12 these parcels must exhibit one or more of the following
13 conditions: insufficient provision for light and air
14 within or around buildings, increased threat of spread of
15 fire due to the close proximity of buildings, lack of
16 adequate or proper access to a public right-of-way, lack
17 of reasonably required off-street parking, or inadequate
18 provision for loading and service.
19 (10) Deleterious land use or layout. The existence of
20 incompatible land-use relationships, buildings occupied by
21 inappropriate mixed-uses, or uses considered to be
22 noxious, offensive, or unsuitable for the surrounding
23 area.
24 (11) Lack of community planning. The proposed
25 redevelopment project area was developed prior to or
26 without the benefit or guidance of a community plan. This
HB3595 Enrolled - 269 - LRB104 08153 BAB 18201 b
1 means that the development occurred prior to the adoption
2 by the municipality of a comprehensive or other community
3 plan or that the plan was not followed at the time of the
4 area's development. This factor must be documented by
5 evidence of adverse or incompatible land-use
6 relationships, inadequate street layout, improper
7 subdivision, parcels of inadequate shape and size to meet
8 contemporary development standards, or other evidence
9 demonstrating an absence of effective community planning.
10 (12) The area has incurred Illinois Environmental
11 Protection Agency or United States Environmental
12 Protection Agency remediation costs for, or a study
13 conducted by an independent consultant recognized as
14 having expertise in environmental remediation has
15 determined a need for, the clean-up of hazardous waste,
16 hazardous substances, or underground storage tanks
17 required by State or federal law, provided that the
18 remediation costs constitute a material impediment to the
19 development or redevelopment of the redevelopment project
20 area.
21 (13) The total equalized assessed value of the
22 proposed redevelopment project area has declined for 3 of
23 the last 5 calendar years for which information is
24 available or is increasing at an annual rate that is less
25 than the balance of the municipality for 3 of the last 5
26 calendar years for which information is available or is
HB3595 Enrolled - 270 - LRB104 08153 BAB 18201 b
1 increasing at an annual rate that is less than the
2 Consumer Price Index for All Urban Consumers published by
3 the United States Department of Labor or successor agency
4 for 3 of the last 5 calendar years for which information is
5 available.
6 (c) "Industrial park" means an area in a blighted or
7 conservation area suitable for use by any manufacturing,
8 industrial, research or transportation enterprise, of
9 facilities to include but not be limited to factories, mills,
10 processing plants, assembly plants, packing plants,
11 fabricating plants, industrial distribution centers,
12 warehouses, repair overhaul or service facilities, freight
13 terminals, research facilities, test facilities or railroad
14 facilities.
15 (d) "Industrial park conservation area" means an area
16 within the boundaries of a redevelopment project area located
17 within the territorial limits of a municipality that is a
18 labor surplus municipality or within 1 1/2 miles of the
19 territorial limits of a municipality that is a labor surplus
20 municipality if the area is annexed to the municipality; which
21 area is zoned as industrial no later than at the time the
22 municipality by ordinance designates the redevelopment project
23 area, and which area includes both vacant land suitable for
24 use as an industrial park and a blighted area or conservation
25 area contiguous to such vacant land.
26 (e) "Labor surplus municipality" means a municipality in
HB3595 Enrolled - 271 - LRB104 08153 BAB 18201 b
1 which, at any time during the 6 months before the municipality
2 by ordinance designates an industrial park conservation area,
3 the unemployment rate was over 6% and was also 100% or more of
4 the national average unemployment rate for that same time as
5 published in the United States Department of Labor Bureau of
6 Labor Statistics publication entitled "The Employment
7 Situation" or its successor publication. For the purpose of
8 this subsection, if unemployment rate statistics for the
9 municipality are not available, the unemployment rate in the
10 municipality shall be deemed to be the same as the
11 unemployment rate in the principal county in which the
12 municipality is located.
13 (f) "Municipality" shall mean a city, village,
14 incorporated town, or a township that is located in the
15 unincorporated portion of a county with 3 million or more
16 inhabitants, if the county adopted an ordinance that approved
17 the township's redevelopment plan.
18 (g) "Initial Sales Tax Amounts" means the amount of taxes
19 paid under the Retailers' Occupation Tax Act, Use Tax Act,
20 Service Use Tax Act, the Service Occupation Tax Act, the
21 Municipal Retailers' Occupation Tax Act, and the Municipal
22 Service Occupation Tax Act by retailers and servicemen on
23 transactions at places located in a State Sales Tax Boundary
24 during the calendar year 1985.
25 (g-1) "Revised Initial Sales Tax Amounts" means the amount
26 of taxes paid under the Retailers' Occupation Tax Act, Use Tax
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1 Act, Service Use Tax Act, the Service Occupation Tax Act, the
2 Municipal Retailers' Occupation Tax Act, and the Municipal
3 Service Occupation Tax Act by retailers and servicemen on
4 transactions at places located within the State Sales Tax
5 Boundary revised pursuant to Section 11-74.4-8a(9) of this
6 Act.
7 (h) "Municipal Sales Tax Increment" means an amount equal
8 to the increase in the aggregate amount of taxes paid to a
9 municipality from the Local Government Tax Fund arising from
10 sales by retailers and servicemen within the redevelopment
11 project area or State Sales Tax Boundary, as the case may be,
12 for as long as the redevelopment project area or State Sales
13 Tax Boundary, as the case may be, exist over and above the
14 aggregate amount of taxes as certified by the Illinois
15 Department of Revenue and paid under the Municipal Retailers'
16 Occupation Tax Act and the Municipal Service Occupation Tax
17 Act by retailers and servicemen, on transactions at places of
18 business located in the redevelopment project area or State
19 Sales Tax Boundary, as the case may be, during the base year
20 which shall be the calendar year immediately prior to the year
21 in which the municipality adopted tax increment allocation
22 financing. For purposes of computing the aggregate amount of
23 such taxes for base years occurring prior to 1985, the
24 Department of Revenue shall determine the Initial Sales Tax
25 Amounts for such taxes and deduct therefrom an amount equal to
26 4% of the aggregate amount of taxes per year for each year the
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1 base year is prior to 1985, but not to exceed a total deduction
2 of 12%. The amount so determined shall be known as the
3 "Adjusted Initial Sales Tax Amounts". For purposes of
4 determining the Municipal Sales Tax Increment, the Department
5 of Revenue shall for each period subtract from the amount paid
6 to the municipality from the Local Government Tax Fund arising
7 from sales by retailers and servicemen on transactions located
8 in the redevelopment project area or the State Sales Tax
9 Boundary, as the case may be, the certified Initial Sales Tax
10 Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
11 Initial Sales Tax Amounts for the Municipal Retailers'
12 Occupation Tax Act and the Municipal Service Occupation Tax
13 Act. For the State Fiscal Year 1989, this calculation shall be
14 made by utilizing the calendar year 1987 to determine the tax
15 amounts received. For the State Fiscal Year 1990, this
16 calculation shall be made by utilizing the period from January
17 1, 1988, until September 30, 1988, to determine the tax
18 amounts received from retailers and servicemen pursuant to the
19 Municipal Retailers' Occupation Tax and the Municipal Service
20 Occupation Tax Act, which shall have deducted therefrom
21 nine-twelfths of the certified Initial Sales Tax Amounts, the
22 Adjusted Initial Sales Tax Amounts or the Revised Initial
23 Sales Tax Amounts as appropriate. For the State Fiscal Year
24 1991, this calculation shall be made by utilizing the period
25 from October 1, 1988, to June 30, 1989, to determine the tax
26 amounts received from retailers and servicemen pursuant to the
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1 Municipal Retailers' Occupation Tax and the Municipal Service
2 Occupation Tax Act which shall have deducted therefrom
3 nine-twelfths of the certified Initial Sales Tax Amounts,
4 Adjusted Initial Sales Tax Amounts or the Revised Initial
5 Sales Tax Amounts as appropriate. For every State Fiscal Year
6 thereafter, the applicable period shall be the 12 months
7 beginning July 1 and ending June 30 to determine the tax
8 amounts received which shall have deducted therefrom the
9 certified Initial Sales Tax Amounts, the Adjusted Initial
10 Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
11 the case may be.
12 (i) "Net State Sales Tax Increment" means the sum of the
13 following: (a) 80% of the first $100,000 of State Sales Tax
14 Increment annually generated within a State Sales Tax
15 Boundary; (b) 60% of the amount in excess of $100,000 but not
16 exceeding $500,000 of State Sales Tax Increment annually
17 generated within a State Sales Tax Boundary; and (c) 40% of all
18 amounts in excess of $500,000 of State Sales Tax Increment
19 annually generated within a State Sales Tax Boundary. If,
20 however, a municipality established a tax increment financing
21 district in a county with a population in excess of 3,000,000
22 before January 1, 1986, and the municipality entered into a
23 contract or issued bonds after January 1, 1986, but before
24 December 31, 1986, to finance redevelopment project costs
25 within a State Sales Tax Boundary, then the Net State Sales Tax
26 Increment means, for the fiscal years beginning July 1, 1990,
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1 and July 1, 1991, 100% of the State Sales Tax Increment
2 annually generated within a State Sales Tax Boundary; and
3 notwithstanding any other provision of this Act, for those
4 fiscal years the Department of Revenue shall distribute to
5 those municipalities 100% of their Net State Sales Tax
6 Increment before any distribution to any other municipality
7 and regardless of whether or not those other municipalities
8 will receive 100% of their Net State Sales Tax Increment. For
9 Fiscal Year 1999, and every year thereafter until the year
10 2007, for any municipality that has not entered into a
11 contract or has not issued bonds prior to June 1, 1988 to
12 finance redevelopment project costs within a State Sales Tax
13 Boundary, the Net State Sales Tax Increment shall be
14 calculated as follows: By multiplying the Net State Sales Tax
15 Increment by 90% in the State Fiscal Year 1999; 80% in the
16 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
17 in the State Fiscal Year 2002; 50% in the State Fiscal Year
18 2003; 40% in the State Fiscal Year 2004; 30% in the State
19 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
20 the State Fiscal Year 2007. No payment shall be made for State
21 Fiscal Year 2008 and thereafter.
22 Municipalities that issued bonds in connection with a
23 redevelopment project in a redevelopment project area within
24 the State Sales Tax Boundary prior to July 29, 1991, or that
25 entered into contracts in connection with a redevelopment
26 project in a redevelopment project area before June 1, 1988,
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1 shall continue to receive their proportional share of the
2 Illinois Tax Increment Fund distribution until the date on
3 which the redevelopment project is completed or terminated.
4 If, however, a municipality that issued bonds in connection
5 with a redevelopment project in a redevelopment project area
6 within the State Sales Tax Boundary prior to July 29, 1991
7 retires the bonds prior to June 30, 2007 or a municipality that
8 entered into contracts in connection with a redevelopment
9 project in a redevelopment project area before June 1, 1988
10 completes the contracts prior to June 30, 2007, then so long as
11 the redevelopment project is not completed or is not
12 terminated, the Net State Sales Tax Increment shall be
13 calculated, beginning on the date on which the bonds are
14 retired or the contracts are completed, as follows: By
15 multiplying the Net State Sales Tax Increment by 60% in the
16 State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
17 in the State Fiscal Year 2004; 30% in the State Fiscal Year
18 2005; 20% in the State Fiscal Year 2006; and 10% in the State
19 Fiscal Year 2007. No payment shall be made for State Fiscal
20 Year 2008 and thereafter. Refunding of any bonds issued prior
21 to July 29, 1991, shall not alter the Net State Sales Tax
22 Increment.
23 (j) "State Utility Tax Increment Amount" means an amount
24 equal to the aggregate increase in State electric and gas tax
25 charges imposed on owners and tenants, other than residential
26 customers, of properties located within the redevelopment
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1 project area under Section 9-222 of the Public Utilities Act,
2 over and above the aggregate of such charges as certified by
3 the Department of Revenue and paid by owners and tenants,
4 other than residential customers, of properties within the
5 redevelopment project area during the base year, which shall
6 be the calendar year immediately prior to the year of the
7 adoption of the ordinance authorizing tax increment allocation
8 financing.
9 (k) "Net State Utility Tax Increment" means the sum of the
10 following: (a) 80% of the first $100,000 of State Utility Tax
11 Increment annually generated by a redevelopment project area;
12 (b) 60% of the amount in excess of $100,000 but not exceeding
13 $500,000 of the State Utility Tax Increment annually generated
14 by a redevelopment project area; and (c) 40% of all amounts in
15 excess of $500,000 of State Utility Tax Increment annually
16 generated by a redevelopment project area. For the State
17 Fiscal Year 1999, and every year thereafter until the year
18 2007, for any municipality that has not entered into a
19 contract or has not issued bonds prior to June 1, 1988 to
20 finance redevelopment project costs within a redevelopment
21 project area, the Net State Utility Tax Increment shall be
22 calculated as follows: By multiplying the Net State Utility
23 Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
24 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
25 in the State Fiscal Year 2002; 50% in the State Fiscal Year
26 2003; 40% in the State Fiscal Year 2004; 30% in the State
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1 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
2 the State Fiscal Year 2007. No payment shall be made for the
3 State Fiscal Year 2008 and thereafter.
4 Municipalities that issue bonds in connection with the
5 redevelopment project during the period from June 1, 1988
6 until 3 years after the effective date of this Amendatory Act
7 of 1988 shall receive the Net State Utility Tax Increment,
8 subject to appropriation, for 15 State Fiscal Years after the
9 issuance of such bonds. For the 16th through the 20th State
10 Fiscal Years after issuance of the bonds, the Net State
11 Utility Tax Increment shall be calculated as follows: By
12 multiplying the Net State Utility Tax Increment by 90% in year
13 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
14 year 20. Refunding of any bonds issued prior to June 1, 1988,
15 shall not alter the revised Net State Utility Tax Increment
16 payments set forth above.
17 (l) "Obligations" mean bonds, loans, debentures, notes,
18 special certificates or other evidence of indebtedness issued
19 by the municipality to carry out a redevelopment project or to
20 refund outstanding obligations.
21 (m) "Payment in lieu of taxes" means those estimated tax
22 revenues from real property in a redevelopment project area
23 derived from real property that has been acquired by a
24 municipality which according to the redevelopment project or
25 plan is to be used for a private use which taxing districts
26 would have received had a municipality not acquired the real
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1 property and adopted tax increment allocation financing and
2 which would result from levies made after the time of the
3 adoption of tax increment allocation financing to the time the
4 current equalized value of real property in the redevelopment
5 project area exceeds the total initial equalized value of real
6 property in said area.
7 (n) "Redevelopment plan" means the comprehensive program
8 of the municipality for development or redevelopment intended
9 by the payment of redevelopment project costs to reduce or
10 eliminate those conditions the existence of which qualified
11 the redevelopment project area as a "blighted area" or
12 "conservation area" or combination thereof or "industrial park
13 conservation area," and thereby to enhance the tax bases of
14 the taxing districts which extend into the redevelopment
15 project area, provided that, with respect to redevelopment
16 project areas described in subsections (p-1) and (p-2),
17 "redevelopment plan" means the comprehensive program of the
18 affected municipality for the development of qualifying
19 transit facilities. On and after November 1, 1999 (the
20 effective date of Public Act 91-478), no redevelopment plan
21 may be approved or amended that includes the development of
22 vacant land (i) with a golf course and related clubhouse and
23 other facilities or (ii) designated by federal, State, county,
24 or municipal government as public land for outdoor
25 recreational activities or for nature preserves and used for
26 that purpose within 5 years prior to the adoption of the
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1 redevelopment plan. For the purpose of this subsection,
2 "recreational activities" is limited to mean camping and
3 hunting. Each redevelopment plan shall set forth in writing
4 the program to be undertaken to accomplish the objectives and
5 shall include but not be limited to:
6 (A) an itemized list of estimated redevelopment
7 project costs;
8 (B) evidence indicating that the redevelopment project
9 area on the whole has not been subject to growth and
10 development through investment by private enterprise,
11 provided that such evidence shall not be required for any
12 redevelopment project area located within a transit
13 facility improvement area established pursuant to Section
14 11-74.4-3.3;
15 (C) an assessment of any financial impact of the
16 redevelopment project area on or any increased demand for
17 services from any taxing district affected by the plan and
18 any program to address such financial impact or increased
19 demand;
20 (D) the sources of funds to pay costs;
21 (E) the nature and term of the obligations to be
22 issued;
23 (F) the most recent equalized assessed valuation of
24 the redevelopment project area;
25 (G) an estimate as to the equalized assessed valuation
26 after redevelopment and the general land uses to apply in
HB3595 Enrolled - 281 - LRB104 08153 BAB 18201 b
1 the redevelopment project area;
2 (H) a commitment to fair employment practices and an
3 affirmative action plan;
4 (I) if it concerns an industrial park conservation
5 area, the plan shall also include a general description of
6 any proposed developer, user and tenant of any property, a
7 description of the type, structure and general character
8 of the facilities to be developed, a description of the
9 type, class and number of new employees to be employed in
10 the operation of the facilities to be developed; and
11 (J) if property is to be annexed to the municipality,
12 the plan shall include the terms of the annexation
13 agreement.
14 The provisions of items (B) and (C) of this subsection (n)
15 shall not apply to a municipality that before March 14, 1994
16 (the effective date of Public Act 88-537) had fixed, either by
17 its corporate authorities or by a commission designated under
18 subsection (k) of Section 11-74.4-4, a time and place for a
19 public hearing as required by subsection (a) of Section
20 11-74.4-5. No redevelopment plan shall be adopted unless a
21 municipality complies with all of the following requirements:
22 (1) The municipality finds that the redevelopment
23 project area on the whole has not been subject to growth
24 and development through investment by private enterprise
25 and would not reasonably be anticipated to be developed
26 without the adoption of the redevelopment plan, provided,
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1 however, that such a finding shall not be required with
2 respect to any redevelopment project area located within a
3 transit facility improvement area established pursuant to
4 Section 11-74.4-3.3.
5 (2) The municipality finds that the redevelopment plan
6 and project conform to the comprehensive plan for the
7 development of the municipality as a whole, or, for
8 municipalities with a population of 100,000 or more,
9 regardless of when the redevelopment plan and project was
10 adopted, the redevelopment plan and project either: (i)
11 conforms to the strategic economic development or
12 redevelopment plan issued by the designated planning
13 authority of the municipality, or (ii) includes land uses
14 that have been approved by the planning commission of the
15 municipality.
16 (3) The redevelopment plan establishes the estimated
17 dates of completion of the redevelopment project and
18 retirement of obligations issued to finance redevelopment
19 project costs. Those dates may not be later than the dates
20 set forth under Section 11-74.4-3.5.
21 A municipality may by municipal ordinance amend an
22 existing redevelopment plan to conform to this paragraph
23 (3) as amended by Public Act 91-478, which municipal
24 ordinance may be adopted without further hearing or notice
25 and without complying with the procedures provided in this
26 Act pertaining to an amendment to or the initial approval
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1 of a redevelopment plan and project and designation of a
2 redevelopment project area.
3 (3.5) The municipality finds, in the case of an
4 industrial park conservation area, also that the
5 municipality is a labor surplus municipality and that the
6 implementation of the redevelopment plan will reduce
7 unemployment, create new jobs and by the provision of new
8 facilities enhance the tax base of the taxing districts
9 that extend into the redevelopment project area.
10 (4) If any incremental revenues are being utilized
11 under Section 8(a)(1) or 8(a)(2) of this Act in
12 redevelopment project areas approved by ordinance after
13 January 1, 1986, the municipality finds: (a) that the
14 redevelopment project area would not reasonably be
15 developed without the use of such incremental revenues,
16 and (b) that such incremental revenues will be exclusively
17 utilized for the development of the redevelopment project
18 area.
19 (5) If: (a) the redevelopment plan will not result in
20 displacement of residents from 10 or more inhabited
21 residential units, and the municipality certifies in the
22 plan that such displacement will not result from the plan;
23 or (b) the redevelopment plan is for a redevelopment
24 project area or a qualifying transit facility located
25 within a transit facility improvement area established
26 pursuant to Section 11-74.4-3.3, and the applicable
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1 project is subject to the process for evaluation of
2 environmental effects under the National Environmental
3 Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing
4 impact study need not be performed. If, however, the
5 redevelopment plan would result in the displacement of
6 residents from 10 or more inhabited residential units, or
7 if the redevelopment project area contains 75 or more
8 inhabited residential units and no certification is made,
9 then the municipality shall prepare, as part of the
10 separate feasibility report required by subsection (a) of
11 Section 11-74.4-5, a housing impact study.
12 Part I of the housing impact study shall include (i)
13 data as to whether the residential units are single family
14 or multi-family units, (ii) the number and type of rooms
15 within the units, if that information is available, (iii)
16 whether the units are inhabited or uninhabited, as
17 determined not less than 45 days before the date that the
18 ordinance or resolution required by subsection (a) of
19 Section 11-74.4-5 is passed, and (iv) data as to the
20 racial and ethnic composition of the residents in the
21 inhabited residential units. The data requirement as to
22 the racial and ethnic composition of the residents in the
23 inhabited residential units shall be deemed to be fully
24 satisfied by data from the most recent federal census.
25 Part II of the housing impact study shall identify the
26 inhabited residential units in the proposed redevelopment
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1 project area that are to be or may be removed. If inhabited
2 residential units are to be removed, then the housing
3 impact study shall identify (i) the number and location of
4 those units that will or may be removed, (ii) the
5 municipality's plans for relocation assistance for those
6 residents in the proposed redevelopment project area whose
7 residences are to be removed, (iii) the availability of
8 replacement housing for those residents whose residences
9 are to be removed, and shall identify the type, location,
10 and cost of the housing, and (iv) the type and extent of
11 relocation assistance to be provided.
12 (6) On and after November 1, 1999, the housing impact
13 study required by paragraph (5) shall be incorporated in
14 the redevelopment plan for the redevelopment project area.
15 (7) On and after November 1, 1999, no redevelopment
16 plan shall be adopted, nor an existing plan amended, nor
17 shall residential housing that is occupied by households
18 of low-income and very low-income persons in currently
19 existing redevelopment project areas be removed after
20 November 1, 1999 unless the redevelopment plan provides,
21 with respect to inhabited housing units that are to be
22 removed for households of low-income and very low-income
23 persons, affordable housing and relocation assistance not
24 less than that which would be provided under the federal
25 Uniform Relocation Assistance and Real Property
26 Acquisition Policies Act of 1970 and the regulations under
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1 that Act, including the eligibility criteria. Affordable
2 housing may be either existing or newly constructed
3 housing. For purposes of this paragraph (7), "low-income
4 households", "very low-income households", and "affordable
5 housing" have the meanings set forth in the Illinois
6 Affordable Housing Act. The municipality shall make a good
7 faith effort to ensure that this affordable housing is
8 located in or near the redevelopment project area within
9 the municipality.
10 (8) On and after November 1, 1999, if, after the
11 adoption of the redevelopment plan for the redevelopment
12 project area, any municipality desires to amend its
13 redevelopment plan to remove more inhabited residential
14 units than specified in its original redevelopment plan,
15 that change shall be made in accordance with the
16 procedures in subsection (c) of Section 11-74.4-5.
17 (9) For redevelopment project areas designated prior
18 to November 1, 1999, the redevelopment plan may be amended
19 without further joint review board meeting or hearing,
20 provided that the municipality shall give notice of any
21 such changes by mail to each affected taxing district and
22 registrant on the interested party registry, to authorize
23 the municipality to expend tax increment revenues for
24 redevelopment project costs defined by paragraphs (5) and
25 (7.5), subparagraphs (E) and (F) of paragraph (11), and
26 paragraph (11.5) of subsection (q) of Section 11-74.4-3,
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1 so long as the changes do not increase the total estimated
2 redevelopment project costs set out in the redevelopment
3 plan by more than 5% after adjustment for inflation from
4 the date the plan was adopted.
5 (o) "Redevelopment project" means any public and private
6 development project in furtherance of the objectives of a
7 redevelopment plan. On and after November 1, 1999 (the
8 effective date of Public Act 91-478), no redevelopment plan
9 may be approved or amended that includes the development of
10 vacant land (i) with a golf course and related clubhouse and
11 other facilities or (ii) designated by federal, State, county,
12 or municipal government as public land for outdoor
13 recreational activities or for nature preserves and used for
14 that purpose within 5 years prior to the adoption of the
15 redevelopment plan. For the purpose of this subsection,
16 "recreational activities" is limited to mean camping and
17 hunting.
18 (p) "Redevelopment project area" means an area designated
19 by the municipality, which is not less in the aggregate than 1
20 1/2 acres and in respect to which the municipality has made a
21 finding that there exist conditions which cause the area to be
22 classified as an industrial park conservation area or a
23 blighted area or a conservation area, or a combination of both
24 blighted areas and conservation areas.
25 (p-1) Notwithstanding any provision of this Act to the
26 contrary, on and after August 25, 2009 (the effective date of
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1 Public Act 96-680), a redevelopment project area may include
2 areas within a one-half mile radius of an existing or proposed
3 Regional Transportation Authority Suburban Transit Access
4 Route (STAR Line) station without a finding that the area is
5 classified as an industrial park conservation area, a blighted
6 area, a conservation area, or a combination thereof, but only
7 if the municipality receives unanimous consent from the joint
8 review board created to review the proposed redevelopment
9 project area.
10 (p-2) Notwithstanding any provision of this Act to the
11 contrary, on and after the effective date of this amendatory
12 Act of the 99th General Assembly, a redevelopment project area
13 may include areas within a transit facility improvement area
14 that has been established pursuant to Section 11-74.4-3.3
15 without a finding that the area is classified as an industrial
16 park conservation area, a blighted area, a conservation area,
17 or any combination thereof.
18 (q) "Redevelopment project costs", except for
19 redevelopment project areas created pursuant to subsection
20 (p-1) or (p-2), means and includes the sum total of all
21 reasonable or necessary costs incurred or estimated to be
22 incurred, and any such costs incidental to a redevelopment
23 plan and a redevelopment project. Such costs include, without
24 limitation, the following:
25 (1) Costs of studies, surveys, development of plans,
26 and specifications, implementation and administration of
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1 the redevelopment plan including but not limited to staff
2 and professional service costs for architectural,
3 engineering, legal, financial, planning or other services,
4 provided however that no charges for professional services
5 may be based on a percentage of the tax increment
6 collected; except that on and after November 1, 1999 (the
7 effective date of Public Act 91-478), no contracts for
8 professional services, excluding architectural and
9 engineering services, may be entered into if the terms of
10 the contract extend beyond a period of 3 years. In
11 addition, "redevelopment project costs" shall not include
12 lobbying expenses. After consultation with the
13 municipality, each tax increment consultant or advisor to
14 a municipality that plans to designate or has designated a
15 redevelopment project area shall inform the municipality
16 in writing of any contracts that the consultant or advisor
17 has entered into with entities or individuals that have
18 received, or are receiving, payments financed by tax
19 increment revenues produced by the redevelopment project
20 area with respect to which the consultant or advisor has
21 performed, or will be performing, service for the
22 municipality. This requirement shall be satisfied by the
23 consultant or advisor before the commencement of services
24 for the municipality and thereafter whenever any other
25 contracts with those individuals or entities are executed
26 by the consultant or advisor;
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1 (1.5) After July 1, 1999, annual administrative costs
2 shall not include general overhead or administrative costs
3 of the municipality that would still have been incurred by
4 the municipality if the municipality had not designated a
5 redevelopment project area or approved a redevelopment
6 plan;
7 (1.6) The cost of marketing sites within the
8 redevelopment project area to prospective businesses,
9 developers, and investors;
10 (2) Property assembly costs, including but not limited
11 to acquisition of land and other property, real or
12 personal, or rights or interests therein, demolition of
13 buildings, site preparation, site improvements that serve
14 as an engineered barrier addressing ground level or below
15 ground environmental contamination, including, but not
16 limited to parking lots and other concrete or asphalt
17 barriers, and the clearing and grading of land;
18 (3) Costs of rehabilitation, reconstruction or repair
19 or remodeling of existing public or private buildings,
20 fixtures, and leasehold improvements; and the cost of
21 replacing an existing public building if pursuant to the
22 implementation of a redevelopment project the existing
23 public building is to be demolished to use the site for
24 private investment or devoted to a different use requiring
25 private investment; including any direct or indirect costs
26 relating to Green Globes or LEED certified construction
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1 elements or construction elements with an equivalent
2 certification;
3 (4) Costs of the construction of public works or
4 improvements, including any direct or indirect costs
5 relating to Green Globes or LEED certified construction
6 elements or construction elements with an equivalent
7 certification, except that on and after November 1, 1999,
8 redevelopment project costs shall not include the cost of
9 constructing a new municipal public building principally
10 used to provide offices, storage space, or conference
11 facilities or vehicle storage, maintenance, or repair for
12 administrative, public safety, or public works personnel
13 and that is not intended to replace an existing public
14 building as provided under paragraph (3) of subsection (q)
15 of Section 11-74.4-3 unless either (i) the construction of
16 the new municipal building implements a redevelopment
17 project that was included in a redevelopment plan that was
18 adopted by the municipality prior to November 1, 1999,
19 (ii) the municipality makes a reasonable determination in
20 the redevelopment plan, supported by information that
21 provides the basis for that determination, that the new
22 municipal building is required to meet an increase in the
23 need for public safety purposes anticipated to result from
24 the implementation of the redevelopment plan, or (iii) the
25 new municipal public building is for the storage,
26 maintenance, or repair of transit vehicles and is located
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1 in a transit facility improvement area that has been
2 established pursuant to Section 11-74.4-3.3;
3 (5) Costs of job training and retraining projects,
4 including the cost of "welfare to work" programs
5 implemented by businesses located within the redevelopment
6 project area;
7 (6) Financing costs, including but not limited to all
8 necessary and incidental expenses related to the issuance
9 of obligations and which may include payment of interest
10 on any obligations issued hereunder including interest
11 accruing during the estimated period of construction of
12 any redevelopment project for which such obligations are
13 issued and for not exceeding 36 months thereafter and
14 including reasonable reserves related thereto;
15 (7) To the extent the municipality by written
16 agreement accepts and approves the same, all or a portion
17 of a taxing district's capital costs resulting from the
18 redevelopment project necessarily incurred or to be
19 incurred within a taxing district in furtherance of the
20 objectives of the redevelopment plan and project;
21 (7.5) For redevelopment project areas designated (or
22 redevelopment project areas amended to add or increase the
23 number of tax-increment-financing assisted housing units)
24 on or after November 1, 1999, an elementary, secondary, or
25 unit school district's increased costs attributable to
26 assisted housing units located within the redevelopment
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1 project area for which the developer or redeveloper
2 receives financial assistance through an agreement with
3 the municipality or because the municipality incurs the
4 cost of necessary infrastructure improvements within the
5 boundaries of the assisted housing sites necessary for the
6 completion of that housing as authorized by this Act, and
7 which costs shall be paid by the municipality from the
8 Special Tax Allocation Fund when the tax increment revenue
9 is received as a result of the assisted housing units and
10 shall be calculated annually as follows:
11 (A) for foundation districts, excluding any school
12 district in a municipality with a population in excess
13 of 1,000,000, by multiplying the district's increase
14 in attendance resulting from the net increase in new
15 students enrolled in that school district who reside
16 in housing units within the redevelopment project area
17 that have received financial assistance through an
18 agreement with the municipality or because the
19 municipality incurs the cost of necessary
20 infrastructure improvements within the boundaries of
21 the housing sites necessary for the completion of that
22 housing as authorized by this Act since the
23 designation of the redevelopment project area by the
24 most recently available per capita tuition cost as
25 defined in Section 10-20.12a of the School Code less
26 any increase in general State aid as defined in
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1 Section 18-8.05 of the School Code or evidence-based
2 funding as defined in Section 18-8.15 of the School
3 Code attributable to these added new students subject
4 to the following annual limitations:
5 (i) for unit school districts with a district
6 average 1995-96 Per Capita Tuition Charge of less
7 than $5,900, no more than 25% of the total amount
8 of property tax increment revenue produced by
9 those housing units that have received tax
10 increment finance assistance under this Act;
11 (ii) for elementary school districts with a
12 district average 1995-96 Per Capita Tuition Charge
13 of less than $5,900, no more than 17% of the total
14 amount of property tax increment revenue produced
15 by those housing units that have received tax
16 increment finance assistance under this Act; and
17 (iii) for secondary school districts with a
18 district average 1995-96 Per Capita Tuition Charge
19 of less than $5,900, no more than 8% of the total
20 amount of property tax increment revenue produced
21 by those housing units that have received tax
22 increment finance assistance under this Act.
23 (B) For alternate method districts, flat grant
24 districts, and foundation districts with a district
25 average 1995-96 Per Capita Tuition Charge equal to or
26 more than $5,900, excluding any school district with a
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1 population in excess of 1,000,000, by multiplying the
2 district's increase in attendance resulting from the
3 net increase in new students enrolled in that school
4 district who reside in housing units within the
5 redevelopment project area that have received
6 financial assistance through an agreement with the
7 municipality or because the municipality incurs the
8 cost of necessary infrastructure improvements within
9 the boundaries of the housing sites necessary for the
10 completion of that housing as authorized by this Act
11 since the designation of the redevelopment project
12 area by the most recently available per capita tuition
13 cost as defined in Section 10-20.12a of the School
14 Code less any increase in general state aid as defined
15 in Section 18-8.05 of the School Code or
16 evidence-based funding as defined in Section 18-8.15
17 of the School Code attributable to these added new
18 students subject to the following annual limitations:
19 (i) for unit school districts, no more than
20 40% of the total amount of property tax increment
21 revenue produced by those housing units that have
22 received tax increment finance assistance under
23 this Act;
24 (ii) for elementary school districts, no more
25 than 27% of the total amount of property tax
26 increment revenue produced by those housing units
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1 that have received tax increment finance
2 assistance under this Act; and
3 (iii) for secondary school districts, no more
4 than 13% of the total amount of property tax
5 increment revenue produced by those housing units
6 that have received tax increment finance
7 assistance under this Act.
8 (C) For any school district in a municipality with
9 a population in excess of 1,000,000, the following
10 restrictions shall apply to the reimbursement of
11 increased costs under this paragraph (7.5):
12 (i) no increased costs shall be reimbursed
13 unless the school district certifies that each of
14 the schools affected by the assisted housing
15 project is at or over its student capacity;
16 (ii) the amount reimbursable shall be reduced
17 by the value of any land donated to the school
18 district by the municipality or developer, and by
19 the value of any physical improvements made to the
20 schools by the municipality or developer; and
21 (iii) the amount reimbursed may not affect
22 amounts otherwise obligated by the terms of any
23 bonds, notes, or other funding instruments, or the
24 terms of any redevelopment agreement.
25 Any school district seeking payment under this
26 paragraph (7.5) shall, after July 1 and before
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1 September 30 of each year, provide the municipality
2 with reasonable evidence to support its claim for
3 reimbursement before the municipality shall be
4 required to approve or make the payment to the school
5 district. If the school district fails to provide the
6 information during this period in any year, it shall
7 forfeit any claim to reimbursement for that year.
8 School districts may adopt a resolution waiving the
9 right to all or a portion of the reimbursement
10 otherwise required by this paragraph (7.5). By
11 acceptance of this reimbursement the school district
12 waives the right to directly or indirectly set aside,
13 modify, or contest in any manner the establishment of
14 the redevelopment project area or projects;
15 (7.7) For redevelopment project areas designated (or
16 redevelopment project areas amended to add or increase the
17 number of tax-increment-financing assisted housing units)
18 on or after January 1, 2005 (the effective date of Public
19 Act 93-961), a public library district's increased costs
20 attributable to assisted housing units located within the
21 redevelopment project area for which the developer or
22 redeveloper receives financial assistance through an
23 agreement with the municipality or because the
24 municipality incurs the cost of necessary infrastructure
25 improvements within the boundaries of the assisted housing
26 sites necessary for the completion of that housing as
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1 authorized by this Act shall be paid to the library
2 district by the municipality from the Special Tax
3 Allocation Fund when the tax increment revenue is received
4 as a result of the assisted housing units. This paragraph
5 (7.7) applies only if (i) the library district is located
6 in a county that is subject to the Property Tax Extension
7 Limitation Law or (ii) the library district is not located
8 in a county that is subject to the Property Tax Extension
9 Limitation Law but the district is prohibited by any other
10 law from increasing its tax levy rate without a prior
11 voter referendum.
12 The amount paid to a library district under this
13 paragraph (7.7) shall be calculated by multiplying (i) the
14 net increase in the number of persons eligible to obtain a
15 library card in that district who reside in housing units
16 within the redevelopment project area that have received
17 financial assistance through an agreement with the
18 municipality or because the municipality incurs the cost
19 of necessary infrastructure improvements within the
20 boundaries of the housing sites necessary for the
21 completion of that housing as authorized by this Act since
22 the designation of the redevelopment project area by (ii)
23 the per-patron cost of providing library services so long
24 as it does not exceed $120. The per-patron cost shall be
25 the Total Operating Expenditures Per Capita for the
26 library in the previous fiscal year. The municipality may
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1 deduct from the amount that it must pay to a library
2 district under this paragraph any amount that it has
3 voluntarily paid to the library district from the tax
4 increment revenue. The amount paid to a library district
5 under this paragraph (7.7) shall be no more than 2% of the
6 amount produced by the assisted housing units and
7 deposited into the Special Tax Allocation Fund.
8 A library district is not eligible for any payment
9 under this paragraph (7.7) unless the library district has
10 experienced an increase in the number of patrons from the
11 municipality that created the tax-increment-financing
12 district since the designation of the redevelopment
13 project area.
14 Any library district seeking payment under this
15 paragraph (7.7) shall, after July 1 and before September
16 30 of each year, provide the municipality with convincing
17 evidence to support its claim for reimbursement before the
18 municipality shall be required to approve or make the
19 payment to the library district. If the library district
20 fails to provide the information during this period in any
21 year, it shall forfeit any claim to reimbursement for that
22 year. Library districts may adopt a resolution waiving the
23 right to all or a portion of the reimbursement otherwise
24 required by this paragraph (7.7). By acceptance of such
25 reimbursement, the library district shall forfeit any
26 right to directly or indirectly set aside, modify, or
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1 contest in any manner whatsoever the establishment of the
2 redevelopment project area or projects;
3 (8) Relocation costs to the extent that a municipality
4 determines that relocation costs shall be paid or is
5 required to make payment of relocation costs by federal or
6 State law or in order to satisfy subparagraph (7) of
7 subsection (n);
8 (9) Payment in lieu of taxes;
9 (10) Costs of job training, retraining, advanced
10 vocational education or career education, including but
11 not limited to courses in occupational, semi-technical or
12 technical fields leading directly to employment, incurred
13 by one or more taxing districts, provided that such costs
14 (i) are related to the establishment and maintenance of
15 additional job training, advanced vocational education or
16 career education programs for persons employed or to be
17 employed by employers located in a redevelopment project
18 area; and (ii) when incurred by a taxing district or
19 taxing districts other than the municipality, are set
20 forth in a written agreement by or among the municipality
21 and the taxing district or taxing districts, which
22 agreement describes the program to be undertaken,
23 including but not limited to the number of employees to be
24 trained, a description of the training and services to be
25 provided, the number and type of positions available or to
26 be available, itemized costs of the program and sources of
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1 funds to pay for the same, and the term of the agreement.
2 Such costs include, specifically, the payment by community
3 college districts of costs pursuant to Sections 3-37,
4 3-38, 3-40 and 3-40.1 of the Public Community College Act
5 and by school districts of costs pursuant to Sections
6 10-22.20a and 10-23.3a of the School Code;
7 (11) Interest cost incurred by a redeveloper related
8 to the construction, renovation or rehabilitation of a
9 redevelopment project provided that:
10 (A) such costs are to be paid directly from the
11 special tax allocation fund established pursuant to
12 this Act;
13 (B) such payments in any one year may not exceed
14 30% of the annual interest costs incurred by the
15 redeveloper with regard to the redevelopment project
16 during that year;
17 (C) if there are not sufficient funds available in
18 the special tax allocation fund to make the payment
19 pursuant to this paragraph (11) then the amounts so
20 due shall accrue and be payable when sufficient funds
21 are available in the special tax allocation fund;
22 (D) the total of such interest payments paid
23 pursuant to this Act may not exceed 30% of the total
24 (i) cost paid or incurred by the redeveloper for the
25 redevelopment project plus (ii) redevelopment project
26 costs excluding any property assembly costs and any
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1 relocation costs incurred by a municipality pursuant
2 to this Act;
3 (E) the cost limits set forth in subparagraphs (B)
4 and (D) of paragraph (11) shall be modified for the
5 financing of rehabilitated or new housing units for
6 low-income households and very low-income households,
7 as defined in Section 3 of the Illinois Affordable
8 Housing Act. The percentage of 75% shall be
9 substituted for 30% in subparagraphs (B) and (D) of
10 paragraph (11); and
11 (F) instead of the eligible costs provided by
12 subparagraphs (B) and (D) of paragraph (11), as
13 modified by this subparagraph, and notwithstanding any
14 other provisions of this Act to the contrary, the
15 municipality may pay from tax increment revenues up to
16 50% of the cost of construction of new housing units to
17 be occupied by low-income households and very
18 low-income households as defined in Section 3 of the
19 Illinois Affordable Housing Act. The cost of
20 construction of those units may be derived from the
21 proceeds of bonds issued by the municipality under
22 this Act or other constitutional or statutory
23 authority or from other sources of municipal revenue
24 that may be reimbursed from tax increment revenues or
25 the proceeds of bonds issued to finance the
26 construction of that housing.
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1 The eligible costs provided under this
2 subparagraph (F) of paragraph (11) shall be an
3 eligible cost for the construction, renovation, and
4 rehabilitation of all low and very low-income housing
5 units, as defined in Section 3 of the Illinois
6 Affordable Housing Act, within the redevelopment
7 project area. If the low and very low-income units are
8 part of a residential redevelopment project that
9 includes units not affordable to low and very
10 low-income households, only the low and very
11 low-income units shall be eligible for benefits under
12 this subparagraph (F) of paragraph (11). The standards
13 for maintaining the occupancy by low-income households
14 and very low-income households, as defined in Section
15 3 of the Illinois Affordable Housing Act, of those
16 units constructed with eligible costs made available
17 under the provisions of this subparagraph (F) of
18 paragraph (11) shall be established by guidelines
19 adopted by the municipality. The responsibility for
20 annually documenting the initial occupancy of the
21 units by low-income households and very low-income
22 households, as defined in Section 3 of the Illinois
23 Affordable Housing Act, shall be that of the then
24 current owner of the property. For ownership units,
25 the guidelines will provide, at a minimum, for a
26 reasonable recapture of funds, or other appropriate
HB3595 Enrolled - 304 - LRB104 08153 BAB 18201 b
1 methods designed to preserve the original
2 affordability of the ownership units. For rental
3 units, the guidelines will provide, at a minimum, for
4 the affordability of rent to low and very low-income
5 households. As units become available, they shall be
6 rented to income-eligible tenants. The municipality
7 may modify these guidelines from time to time; the
8 guidelines, however, shall be in effect for as long as
9 tax increment revenue is being used to pay for costs
10 associated with the units or for the retirement of
11 bonds issued to finance the units or for the life of
12 the redevelopment project area, whichever is later;
13 (11.5) If the redevelopment project area is located
14 within a municipality with a population of more than
15 100,000, the cost of day care services for children of
16 employees from low-income families working for businesses
17 located within the redevelopment project area and all or a
18 portion of the cost of operation of day care centers
19 established by redevelopment project area businesses to
20 serve employees from low-income families working in
21 businesses located in the redevelopment project area. For
22 the purposes of this paragraph, "low-income families"
23 means families whose annual income does not exceed 80% of
24 the municipal, county, or regional median income, adjusted
25 for family size, as the annual income and municipal,
26 county, or regional median income are determined from time
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1 to time by the United States Department of Housing and
2 Urban Development.
3 (12) Costs relating to the development of urban
4 agricultural areas under Division 15.2 of the Illinois
5 Municipal Code.
6 Unless explicitly stated herein the cost of construction
7 of new privately-owned buildings shall not be an eligible
8 redevelopment project cost.
9 After November 1, 1999 (the effective date of Public Act
10 91-478), none of the redevelopment project costs enumerated in
11 this subsection shall be eligible redevelopment project costs
12 if those costs would provide direct financial support to a
13 retail entity initiating operations in the redevelopment
14 project area while terminating operations at another Illinois
15 location within 10 miles of the redevelopment project area but
16 outside the boundaries of the redevelopment project area
17 municipality. For purposes of this paragraph, termination
18 means a closing of a retail operation that is directly related
19 to the opening of the same operation or like retail entity
20 owned or operated by more than 50% of the original ownership in
21 a redevelopment project area, but it does not mean closing an
22 operation for reasons beyond the control of the retail entity,
23 as documented by the retail entity, subject to a reasonable
24 finding by the municipality that the current location
25 contained inadequate space, had become economically obsolete,
26 or was no longer a viable location for the retailer or
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1 serviceman.
2 No cost shall be a redevelopment project cost in a
3 redevelopment project area if used to demolish, remove, or
4 substantially modify a historic resource, after August 26,
5 2008 (the effective date of Public Act 95-934), unless no
6 prudent and feasible alternative exists. "Historic resource"
7 for the purpose of this paragraph means (i) a place or
8 structure that is included or eligible for inclusion on the
9 National Register of Historic Places or (ii) a contributing
10 structure in a district on the National Register of Historic
11 Places. This paragraph does not apply to a place or structure
12 for which demolition, removal, or modification is subject to
13 review by the preservation agency of a Certified Local
14 Government designated as such by the National Park Service of
15 the United States Department of the Interior.
16 If a special service area has been established pursuant to
17 the Special Service Area Tax Act or Special Service Area Tax
18 Law, then any tax increment revenues derived from the tax
19 imposed pursuant to the Special Service Area Tax Act or
20 Special Service Area Tax Law may be used within the
21 redevelopment project area for the purposes permitted by that
22 Act or Law as well as the purposes permitted by this Act.
23 (q-1) For redevelopment project areas created pursuant to
24 subsection (p-1), redevelopment project costs are limited to
25 those costs in paragraph (q) that are related to the existing
26 or proposed Regional Transportation Authority Suburban Transit
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1 Access Route (STAR Line) station.
2 (q-2) For a transit facility improvement area established
3 prior to, on, or after the effective date of this amendatory
4 Act of the 102nd General Assembly: (i) "redevelopment project
5 costs" means those costs described in subsection (q) that are
6 related to the construction, reconstruction, rehabilitation,
7 remodeling, or repair of any existing or proposed transit
8 facility, whether that facility is located within or outside
9 the boundaries of a redevelopment project area established
10 within that transit facility improvement area (and, to the
11 extent a redevelopment project cost is described in subsection
12 (q) as incurred or estimated to be incurred with respect to a
13 redevelopment project area, then it shall apply with respect
14 to such transit facility improvement area); and (ii) the
15 provisions of Section 11-74.4-8 regarding tax increment
16 allocation financing for a redevelopment project area located
17 in a transit facility improvement area shall apply only to the
18 lots, blocks, tracts and parcels of real property that are
19 located within the boundaries of that redevelopment project
20 area and not to the lots, blocks, tracts, and parcels of real
21 property that are located outside the boundaries of that
22 redevelopment project area.
23 (r) "State Sales Tax Boundary" means the redevelopment
24 project area or the amended redevelopment project area
25 boundaries which are determined pursuant to subsection (9) of
26 Section 11-74.4-8a of this Act. The Department of Revenue
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1 shall certify pursuant to subsection (9) of Section 11-74.4-8a
2 the appropriate boundaries eligible for the determination of
3 State Sales Tax Increment.
4 (s) "State Sales Tax Increment" means an amount equal to
5 the increase in the aggregate amount of taxes paid by
6 retailers and servicemen, other than retailers and servicemen
7 subject to the Public Utilities Act, on transactions at places
8 of business located within a State Sales Tax Boundary pursuant
9 to the Retailers' Occupation Tax Act, the Use Tax Act, the
10 Service Use Tax Act, and the Service Occupation Tax Act,
11 except such portion of such increase that is paid into the
12 State and Local Sales Tax Reform Fund, the Local Government
13 Distributive Fund, the Local Government Tax Fund and the
14 County and Mass Transit District Fund, for as long as State
15 participation exists, over and above the Initial Sales Tax
16 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
17 Initial Sales Tax Amounts for such taxes as certified by the
18 Department of Revenue and paid under those Acts by retailers
19 and servicemen on transactions at places of business located
20 within the State Sales Tax Boundary during the base year which
21 shall be the calendar year immediately prior to the year in
22 which the municipality adopted tax increment allocation
23 financing, less 3.0% of such amounts generated under the
24 Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
25 Act and the Service Occupation Tax Act, which sum shall be
26 appropriated to the Department of Revenue to cover its costs
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1 of administering and enforcing this Section. For purposes of
2 computing the aggregate amount of such taxes for base years
3 occurring prior to 1985, the Department of Revenue shall
4 compute the Initial Sales Tax Amount for such taxes and deduct
5 therefrom an amount equal to 4% of the aggregate amount of
6 taxes per year for each year the base year is prior to 1985,
7 but not to exceed a total deduction of 12%. The amount so
8 determined shall be known as the "Adjusted Initial Sales Tax
9 Amount". For purposes of determining the State Sales Tax
10 Increment the Department of Revenue shall for each period
11 subtract from the tax amounts received from retailers and
12 servicemen on transactions located in the State Sales Tax
13 Boundary, the certified Initial Sales Tax Amounts, Adjusted
14 Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
15 for the Retailers' Occupation Tax Act, the Use Tax Act, the
16 Service Use Tax Act and the Service Occupation Tax Act. For the
17 State Fiscal Year 1989 this calculation shall be made by
18 utilizing the calendar year 1987 to determine the tax amounts
19 received. For the State Fiscal Year 1990, this calculation
20 shall be made by utilizing the period from January 1, 1988,
21 until September 30, 1988, to determine the tax amounts
22 received from retailers and servicemen, which shall have
23 deducted therefrom nine-twelfths of the certified Initial
24 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
25 Revised Initial Sales Tax Amounts as appropriate. For the
26 State Fiscal Year 1991, this calculation shall be made by
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1 utilizing the period from October 1, 1988, until June 30,
2 1989, to determine the tax amounts received from retailers and
3 servicemen, which shall have deducted therefrom nine-twelfths
4 of the certified Initial State Sales Tax Amounts, Adjusted
5 Initial Sales Tax Amounts or the Revised Initial Sales Tax
6 Amounts as appropriate. For every State Fiscal Year
7 thereafter, the applicable period shall be the 12 months
8 beginning July 1 and ending on June 30, to determine the tax
9 amounts received which shall have deducted therefrom the
10 certified Initial Sales Tax Amounts, Adjusted Initial Sales
11 Tax Amounts or the Revised Initial Sales Tax Amounts.
12 Municipalities intending to receive a distribution of State
13 Sales Tax Increment must report a list of retailers to the
14 Department of Revenue by October 31, 1988 and by July 31, of
15 each year thereafter.
16 (t) "Taxing districts" means counties, townships, cities
17 and incorporated towns and villages, school, road, park,
18 sanitary, mosquito abatement, forest preserve, public health,
19 fire protection, river conservancy, tuberculosis sanitarium
20 and any other municipal corporations or districts with the
21 power to levy taxes.
22 (u) "Taxing districts' capital costs" means those costs of
23 taxing districts for capital improvements that are found by
24 the municipal corporate authorities to be necessary and
25 directly result from the redevelopment project.
26 (v) As used in subsection (a) of Section 11-74.4-3 of this
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1 Act, "vacant land" means any parcel or combination of parcels
2 of real property without industrial, commercial, and
3 residential buildings which has not been used for commercial
4 agricultural purposes within 5 years prior to the designation
5 of the redevelopment project area, unless the parcel is
6 included in an industrial park conservation area or the parcel
7 has been subdivided; provided that if the parcel was part of a
8 larger tract that has been divided into 3 or more smaller
9 tracts that were accepted for recording during the period from
10 1950 to 1990, then the parcel shall be deemed to have been
11 subdivided, and all proceedings and actions of the
12 municipality taken in that connection with respect to any
13 previously approved or designated redevelopment project area
14 or amended redevelopment project area are hereby validated and
15 hereby declared to be legally sufficient for all purposes of
16 this Act. For purposes of this Section and only for land
17 subject to the subdivision requirements of the Plat Act, land
18 is subdivided when the original plat of the proposed
19 Redevelopment Project Area or relevant portion thereof has
20 been properly certified, acknowledged, approved, and recorded
21 or filed in accordance with the Plat Act and a preliminary
22 plat, if any, for any subsequent phases of the proposed
23 Redevelopment Project Area or relevant portion thereof has
24 been properly approved and filed in accordance with the
25 applicable ordinance of the municipality.
26 (w) "Annual Total Increment" means the sum of each
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1 municipality's annual Net Sales Tax Increment and each
2 municipality's annual Net Utility Tax Increment. The ratio of
3 the Annual Total Increment of each municipality to the Annual
4 Total Increment for all municipalities, as most recently
5 calculated by the Department, shall determine the proportional
6 shares of the Illinois Tax Increment Fund to be distributed to
7 each municipality.
8 (x) "LEED certified" means any certification level of
9 construction elements by a qualified Leadership in Energy and
10 Environmental Design Accredited Professional as determined by
11 the U.S. Green Building Council.
12 (y) "Green Globes certified" means any certification level
13 of construction elements by a qualified Green Globes
14 Professional as determined by the Green Building Initiative.
15 (Source: P.A. 102-627, eff. 8-27-21.)
16 (Text of Section after amendment by P.A. 104-457)
17 Sec. 11-74.4-3. Definitions. The following terms, wherever
18 used or referred to in this Division 74.4 shall have the
19 following respective meanings, unless in any case a different
20 meaning clearly appears from the context.
21 (a) For any redevelopment project area that has been
22 designated pursuant to this Section by an ordinance adopted
23 prior to November 1, 1999 (the effective date of Public Act
24 91-478), "blighted area" shall have the meaning set forth in
25 this Section prior to that date.
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1 On and after November 1, 1999, "blighted area" means any
2 improved or vacant area within the boundaries of a
3 redevelopment project area located within the territorial
4 limits of the municipality where:
5 (1) If improved, industrial, commercial, and
6 residential buildings or improvements are detrimental to
7 the public safety, health, or welfare because of a
8 combination of 5 or more of the following factors, each of
9 which is (i) present, with that presence documented, to a
10 meaningful extent so that a municipality may reasonably
11 find that the factor is clearly present within the intent
12 of the Act and (ii) reasonably distributed throughout the
13 improved part of the redevelopment project area:
14 (A) Dilapidation. An advanced state of disrepair
15 or neglect of necessary repairs to the primary
16 structural components of buildings or improvements in
17 such a combination that a documented building
18 condition analysis determines that major repair is
19 required or the defects are so serious and so
20 extensive that the buildings must be removed.
21 (B) Obsolescence. The condition or process of
22 falling into disuse. Structures have become ill-suited
23 for the original use.
24 (C) Deterioration. With respect to buildings,
25 defects including, but not limited to, major defects
26 in the secondary building components such as doors,
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1 windows, porches, gutters and downspouts, and fascia.
2 With respect to surface improvements, that the
3 condition of roadways, alleys, curbs, gutters,
4 sidewalks, off-street parking, and surface storage
5 areas evidence deterioration, including, but not
6 limited to, surface cracking, crumbling, potholes,
7 depressions, loose paving material, and weeds
8 protruding through paved surfaces.
9 (D) Presence of structures below minimum code
10 standards. All structures that do not meet the
11 standards of zoning, subdivision, building, fire, and
12 other governmental codes applicable to property, but
13 not including housing and property maintenance codes.
14 (E) Illegal use of individual structures. The use
15 of structures in violation of applicable federal,
16 State, or local laws, exclusive of those applicable to
17 the presence of structures below minimum code
18 standards.
19 (F) Excessive vacancies. The presence of buildings
20 that are unoccupied or under-utilized and that
21 represent an adverse influence on the area because of
22 the frequency, extent, or duration of the vacancies.
23 (G) Lack of ventilation, light, or sanitary
24 facilities. The absence of adequate ventilation for
25 light or air circulation in spaces or rooms without
26 windows, or that require the removal of dust, odor,
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1 gas, smoke, or other noxious airborne materials.
2 Inadequate natural light and ventilation means the
3 absence of skylights or windows for interior spaces or
4 rooms and improper window sizes and amounts by room
5 area to window area ratios. Inadequate sanitary
6 facilities refers to the absence or inadequacy of
7 garbage storage and enclosure, bathroom facilities,
8 hot water and kitchens, and structural inadequacies
9 preventing ingress and egress to and from all rooms
10 and units within a building.
11 (H) Inadequate utilities. Underground and overhead
12 utilities such as storm sewers and storm drainage,
13 sanitary sewers, water lines, and gas, telephone, and
14 electrical services that are shown to be inadequate.
15 Inadequate utilities are those that are: (i) of
16 insufficient capacity to serve the uses in the
17 redevelopment project area, (ii) deteriorated,
18 antiquated, obsolete, or in disrepair, or (iii)
19 lacking within the redevelopment project area.
20 (I) Excessive land coverage and overcrowding of
21 structures and community facilities. The
22 over-intensive use of property and the crowding of
23 buildings and accessory facilities onto a site.
24 Examples of problem conditions warranting the
25 designation of an area as one exhibiting excessive
26 land coverage are: (i) the presence of buildings
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1 either improperly situated on parcels or located on
2 parcels of inadequate size and shape in relation to
3 present-day standards of development for health and
4 safety and (ii) the presence of multiple buildings on
5 a single parcel. For there to be a finding of excessive
6 land coverage, these parcels must exhibit one or more
7 of the following conditions: insufficient provision
8 for light and air within or around buildings,
9 increased threat of spread of fire due to the close
10 proximity of buildings, lack of adequate or proper
11 access to a public right-of-way, lack of reasonably
12 required off-street parking, or inadequate provision
13 for loading and service.
14 (J) Deleterious land use or layout. The existence
15 of incompatible land-use relationships, buildings
16 occupied by inappropriate mixed-uses, or uses
17 considered to be noxious, offensive, or unsuitable for
18 the surrounding area.
19 (K) Environmental clean-up. The proposed
20 redevelopment project area has incurred Illinois
21 Environmental Protection Agency or United States
22 Environmental Protection Agency remediation costs for,
23 or a study conducted by an independent consultant
24 recognized as having expertise in environmental
25 remediation has determined a need for, the clean-up of
26 hazardous waste, hazardous substances, or underground
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1 storage tanks required by State or federal law,
2 provided that the remediation costs constitute a
3 material impediment to the development or
4 redevelopment of the redevelopment project area.
5 (L) Lack of community planning. The proposed
6 redevelopment project area was developed prior to or
7 without the benefit or guidance of a community plan.
8 This means that the development occurred prior to the
9 adoption by the municipality of a comprehensive or
10 other community plan or that the plan was not followed
11 at the time of the area's development. This factor
12 must be documented by evidence of adverse or
13 incompatible land-use relationships, inadequate street
14 layout, improper subdivision, parcels of inadequate
15 shape and size to meet contemporary development
16 standards, or other evidence demonstrating an absence
17 of effective community planning.
18 (M) The total equalized assessed value of the
19 proposed redevelopment project area has declined for 3
20 of the last 5 calendar years prior to the year in which
21 the redevelopment project area is designated or is
22 increasing at an annual rate that is less than the
23 balance of the municipality for 3 of the last 5
24 calendar years for which information is available or
25 is increasing at an annual rate that is less than the
26 Consumer Price Index for All Urban Consumers published
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1 by the United States Department of Labor or successor
2 agency for 3 of the last 5 calendar years prior to the
3 year in which the redevelopment project area is
4 designated.
5 (2) If vacant, the sound growth of the redevelopment
6 project area is impaired by a combination of 2 or more of
7 the following factors, each of which is (i) present, with
8 that presence documented, to a meaningful extent so that a
9 municipality may reasonably find that the factor is
10 clearly present within the intent of the Act and (ii)
11 reasonably distributed throughout the vacant part of the
12 redevelopment project area to which it pertains:
13 (A) Obsolete platting of vacant land that results
14 in parcels of limited or narrow size or configurations
15 of parcels of irregular size or shape that would be
16 difficult to develop on a planned basis and in a manner
17 compatible with contemporary standards and
18 requirements, or platting that failed to create
19 rights-of-way for streets or alleys or that created
20 inadequate right-of-way widths for streets, alleys, or
21 other public rights-of-way or that omitted easements
22 for public utilities.
23 (B) Diversity of ownership of parcels of vacant
24 land sufficient in number to retard or impede the
25 ability to assemble the land for development.
26 (C) Tax and special assessment delinquencies exist
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1 or the property has been the subject of tax sales under
2 the Property Tax Code within the last 5 years.
3 (D) Deterioration of structures or site
4 improvements in neighboring areas adjacent to the
5 vacant land.
6 (E) 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
12 waste, hazardous substances, or underground storage
13 tanks required by State or federal law, provided that
14 the remediation costs constitute a material impediment
15 to the development or redevelopment of the
16 redevelopment project area.
17 (F) The total equalized assessed value of the
18 proposed redevelopment project area has declined for 3
19 of the last 5 calendar years prior to the year in which
20 the redevelopment project area is designated or is
21 increasing at an annual rate that is less than the
22 balance of the municipality for 3 of the last 5
23 calendar years for which information is available or
24 is increasing at an annual rate that is less than the
25 Consumer Price Index for All Urban Consumers published
26 by the United States Department of Labor or successor
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1 agency for 3 of the last 5 calendar years prior to the
2 year in which the redevelopment project area is
3 designated.
4 (3) If vacant, the sound growth of the redevelopment
5 project area is impaired by one of the following factors
6 that (i) is present, with that presence documented, to a
7 meaningful extent so that a municipality may reasonably
8 find that the factor is clearly present within the intent
9 of the Act and (ii) is reasonably distributed throughout
10 the vacant part of the redevelopment project area to which
11 it pertains:
12 (A) The area consists of one or more unused
13 quarries, mines, or strip mine ponds.
14 (B) The area consists of unused rail yards, rail
15 tracks, or railroad rights-of-way.
16 (C) The area, prior to its designation, is subject
17 to (i) chronic flooding that adversely impacts on real
18 property in the area as certified by a registered
19 professional engineer or appropriate regulatory agency
20 or (ii) surface water that discharges from all or a
21 part of the area and contributes to flooding within
22 the same watershed, but only if the redevelopment
23 project provides for facilities or improvements to
24 contribute to the alleviation of all or part of the
25 flooding.
26 (D) The area consists of an unused or illegal
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1 disposal site containing earth, stone, building
2 debris, or similar materials that were removed from
3 construction, demolition, excavation, or dredge sites.
4 (E) Prior to November 1, 1999, the area is not less
5 than 50 nor more than 100 acres and 75% of which is
6 vacant (notwithstanding that the area has been used
7 for commercial agricultural purposes within 5 years
8 prior to the designation of the redevelopment project
9 area), and the area meets at least one of the factors
10 itemized in paragraph (1) of this subsection, the area
11 has been designated as a town or village center by
12 ordinance or comprehensive plan adopted prior to
13 January 1, 1982, and the area has not been developed
14 for that designated purpose.
15 (F) The area qualified as a blighted improved area
16 immediately prior to becoming vacant, unless there has
17 been substantial private investment in the immediately
18 surrounding area.
19 (b) For any redevelopment project area that has been
20 designated pursuant to this Section by an ordinance adopted
21 prior to November 1, 1999 (the effective date of Public Act
22 91-478), "conservation area" shall have the meaning set forth
23 in this Section prior to that date.
24 On and after November 1, 1999, "conservation area" means
25 any improved area within the boundaries of a redevelopment
26 project area located within the territorial limits of the
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1 municipality in which 50% or more of the structures in the area
2 have an age of 35 years or more. Such an area is not yet a
3 blighted area but because of a combination of 3 or more of the
4 following factors is detrimental to the public safety, health,
5 morals or welfare and such an area may become a blighted area:
6 (1) Dilapidation. An advanced state of disrepair or
7 neglect of necessary repairs to the primary structural
8 components of buildings or improvements in such a
9 combination that a documented building condition analysis
10 determines that major repair is required or the defects
11 are so serious and so extensive that the buildings must be
12 removed.
13 (2) Obsolescence. The condition or process of falling
14 into disuse. Structures have become ill-suited for the
15 original use.
16 (3) Deterioration. With respect to buildings, defects
17 including, but not limited to, major defects in the
18 secondary building components such as doors, windows,
19 porches, gutters and downspouts, and fascia. With respect
20 to surface improvements, that the condition of roadways,
21 alleys, curbs, gutters, sidewalks, off-street parking, and
22 surface storage areas evidence deterioration, including,
23 but not limited to, surface cracking, crumbling, potholes,
24 depressions, loose paving material, and weeds protruding
25 through paved surfaces.
26 (4) Presence of structures below minimum code
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1 standards. All structures that do not meet the standards
2 of zoning, subdivision, building, fire, and other
3 governmental codes applicable to property, but not
4 including housing and property maintenance codes.
5 (5) Illegal use of individual structures. The use of
6 structures in violation of applicable federal, State, or
7 local laws, exclusive of those applicable to the presence
8 of structures below minimum code standards.
9 (6) Excessive vacancies. The presence of buildings
10 that are unoccupied or under-utilized and that represent
11 an adverse influence on the area because of the frequency,
12 extent, or duration of the vacancies.
13 (7) Lack of ventilation, light, or sanitary
14 facilities. The absence of adequate ventilation for light
15 or air circulation in spaces or rooms without windows, or
16 that require the removal of dust, odor, gas, smoke, or
17 other noxious airborne materials. Inadequate natural light
18 and ventilation means the absence or inadequacy of
19 skylights or windows for interior spaces or rooms and
20 improper window sizes and amounts by room area to window
21 area ratios. Inadequate sanitary facilities refers to the
22 absence or inadequacy of garbage storage and enclosure,
23 bathroom facilities, hot water and kitchens, and
24 structural inadequacies preventing ingress and egress to
25 and from all rooms and units within a building.
26 (8) Inadequate utilities. Underground and overhead
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1 utilities such as storm sewers and storm drainage,
2 sanitary sewers, water lines, and gas, telephone, and
3 electrical services that are shown to be inadequate.
4 Inadequate utilities are those that are: (i) of
5 insufficient capacity to serve the uses in the
6 redevelopment project area, (ii) deteriorated, antiquated,
7 obsolete, or in disrepair, or (iii) lacking within the
8 redevelopment project area.
9 (9) Excessive land coverage and overcrowding of
10 structures and community facilities. The over-intensive
11 use of property and the crowding of buildings and
12 accessory facilities onto a site. Examples of problem
13 conditions warranting the designation of an area as one
14 exhibiting excessive land coverage are: the presence of
15 buildings either improperly situated on parcels or located
16 on parcels of inadequate size and shape in relation to
17 present-day standards of development for health and safety
18 and the presence of multiple buildings on a single parcel.
19 For there to be a finding of excessive land coverage,
20 these parcels must exhibit one or more of the following
21 conditions: insufficient provision for light and air
22 within or around buildings, increased threat of spread of
23 fire due to the close proximity of buildings, lack of
24 adequate or proper access to a public right-of-way, lack
25 of reasonably required off-street parking, or inadequate
26 provision for loading and service.
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1 (10) Deleterious land use or layout. The existence of
2 incompatible land-use relationships, buildings occupied by
3 inappropriate mixed-uses, or uses considered to be
4 noxious, offensive, or unsuitable for the surrounding
5 area.
6 (11) Lack of community planning. The proposed
7 redevelopment project area was developed prior to or
8 without the benefit or guidance of a community plan. This
9 means that the development occurred prior to the adoption
10 by the municipality of a comprehensive or other community
11 plan or that the plan was not followed at the time of the
12 area's development. This factor must be documented by
13 evidence of adverse or incompatible land-use
14 relationships, inadequate street layout, improper
15 subdivision, parcels of inadequate shape and size to meet
16 contemporary development standards, or other evidence
17 demonstrating an absence of effective community planning.
18 (12) The area has incurred Illinois Environmental
19 Protection Agency or United States Environmental
20 Protection Agency remediation costs for, or a study
21 conducted by an independent consultant recognized as
22 having expertise in environmental remediation has
23 determined a need for, the clean-up of hazardous waste,
24 hazardous substances, or underground storage tanks
25 required by State or federal law, provided that the
26 remediation costs constitute a material impediment to the
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1 development or redevelopment of the redevelopment project
2 area.
3 (13) The total equalized assessed value of the
4 proposed redevelopment project area has declined for 3 of
5 the last 5 calendar years for which information is
6 available or is increasing at an annual rate that is less
7 than the balance of the municipality for 3 of the last 5
8 calendar years for which information is available or is
9 increasing at an annual rate that is less than the
10 Consumer Price Index for All Urban Consumers published by
11 the United States Department of Labor or successor agency
12 for 3 of the last 5 calendar years for which information is
13 available.
14 (c) "Industrial park" means an area in a blighted or
15 conservation area suitable for use by any manufacturing,
16 industrial, research or transportation enterprise, of
17 facilities to include but not be limited to factories, mills,
18 processing plants, assembly plants, packing plants,
19 fabricating plants, industrial distribution centers,
20 warehouses, repair overhaul or service facilities, freight
21 terminals, research facilities, test facilities or railroad
22 facilities.
23 (d) "Industrial park conservation area" means an area
24 within the boundaries of a redevelopment project area located
25 within the territorial limits of a municipality that is a
26 labor surplus municipality or within 1 1/2 miles of the
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1 territorial limits of a municipality that is a labor surplus
2 municipality if the area is annexed to the municipality; which
3 area is zoned as industrial no later than at the time the
4 municipality by ordinance designates the redevelopment project
5 area, and which area includes both vacant land suitable for
6 use as an industrial park and a blighted area or conservation
7 area contiguous to such vacant land.
8 (e) "Labor surplus municipality" means a municipality in
9 which, at any time during the 6 months before the municipality
10 by ordinance designates an industrial park conservation area,
11 the unemployment rate was over 6% and was also 100% or more of
12 the national average unemployment rate for that same time as
13 published in the United States Department of Labor Bureau of
14 Labor Statistics publication entitled "The Employment
15 Situation" or its successor publication. For the purpose of
16 this subsection, if unemployment rate statistics for the
17 municipality are not available, the unemployment rate in the
18 municipality shall be deemed to be the same as the
19 unemployment rate in the principal county in which the
20 municipality is located.
21 (f) "Municipality" shall mean a city, village,
22 incorporated town, or a township that is located in the
23 unincorporated portion of a county with 3 million or more
24 inhabitants, if the county adopted an ordinance that approved
25 the township's redevelopment plan.
26 (g) "Initial Sales Tax Amounts" means the amount of taxes
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1 paid under the Retailers' Occupation Tax Act, Use Tax Act,
2 Service Use Tax Act, the Service Occupation Tax Act, the
3 Municipal Retailers' Occupation Tax Act, and the Municipal
4 Service Occupation Tax Act by retailers and servicemen on
5 transactions at places located in a State Sales Tax Boundary
6 during the calendar year 1985.
7 (g-1) "Revised Initial Sales Tax Amounts" means the amount
8 of taxes paid under the Retailers' Occupation Tax Act, Use Tax
9 Act, Service Use Tax Act, the Service Occupation Tax Act, the
10 Municipal Retailers' Occupation Tax Act, and the Municipal
11 Service Occupation Tax Act by retailers and servicemen on
12 transactions at places located within the State Sales Tax
13 Boundary revised pursuant to Section 11-74.4-8a(9) of this
14 Act.
15 (h) "Municipal Sales Tax Increment" means an amount equal
16 to the increase in the aggregate amount of taxes paid to a
17 municipality from the Local Government Tax Fund arising from
18 sales by retailers and servicemen within the redevelopment
19 project area or State Sales Tax Boundary, as the case may be,
20 for as long as the redevelopment project area or State Sales
21 Tax Boundary, as the case may be, exist over and above the
22 aggregate amount of taxes as certified by the Illinois
23 Department of Revenue and paid under the Municipal Retailers'
24 Occupation Tax Act and the Municipal Service Occupation Tax
25 Act by retailers and servicemen, on transactions at places of
26 business located in the redevelopment project area or State
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1 Sales Tax Boundary, as the case may be, during the base year
2 which shall be the calendar year immediately prior to the year
3 in which the municipality adopted tax increment allocation
4 financing. For purposes of computing the aggregate amount of
5 such taxes for base years occurring prior to 1985, the
6 Department of Revenue shall determine the Initial Sales Tax
7 Amounts for such taxes and deduct therefrom an amount equal to
8 4% of the aggregate amount of taxes per year for each year the
9 base year is prior to 1985, but not to exceed a total deduction
10 of 12%. The amount so determined shall be known as the
11 "Adjusted Initial Sales Tax Amounts". For purposes of
12 determining the Municipal Sales Tax Increment, the Department
13 of Revenue shall for each period subtract from the amount paid
14 to the municipality from the Local Government Tax Fund arising
15 from sales by retailers and servicemen on transactions located
16 in the redevelopment project area or the State Sales Tax
17 Boundary, as the case may be, the certified Initial Sales Tax
18 Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
19 Initial Sales Tax Amounts for the Municipal Retailers'
20 Occupation Tax Act and the Municipal Service Occupation Tax
21 Act. For the State Fiscal Year 1989, this calculation shall be
22 made by utilizing the calendar year 1987 to determine the tax
23 amounts received. For the State Fiscal Year 1990, this
24 calculation shall be made by utilizing the period from January
25 1, 1988, until September 30, 1988, to determine the tax
26 amounts received from retailers and servicemen pursuant to the
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1 Municipal Retailers' Occupation Tax and the Municipal Service
2 Occupation Tax Act, which shall have deducted therefrom
3 nine-twelfths of the certified Initial Sales Tax Amounts, the
4 Adjusted Initial Sales Tax Amounts or the Revised Initial
5 Sales Tax Amounts as appropriate. For the State Fiscal Year
6 1991, this calculation shall be made by utilizing the period
7 from October 1, 1988, to June 30, 1989, to determine the tax
8 amounts received from retailers and servicemen pursuant to the
9 Municipal Retailers' Occupation Tax and the Municipal Service
10 Occupation Tax Act which shall have deducted therefrom
11 nine-twelfths of the certified Initial Sales Tax Amounts,
12 Adjusted Initial Sales Tax Amounts or the Revised Initial
13 Sales Tax Amounts as appropriate. For every State Fiscal Year
14 thereafter, the applicable period shall be the 12 months
15 beginning July 1 and ending June 30 to determine the tax
16 amounts received which shall have deducted therefrom the
17 certified Initial Sales Tax Amounts, the Adjusted Initial
18 Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
19 the case may be.
20 (i) "Net State Sales Tax Increment" means the sum of the
21 following: (a) 80% of the first $100,000 of State Sales Tax
22 Increment annually generated within a State Sales Tax
23 Boundary; (b) 60% of the amount in excess of $100,000 but not
24 exceeding $500,000 of State Sales Tax Increment annually
25 generated within a State Sales Tax Boundary; and (c) 40% of all
26 amounts in excess of $500,000 of State Sales Tax Increment
HB3595 Enrolled - 331 - LRB104 08153 BAB 18201 b
1 annually generated within a State Sales Tax Boundary. If,
2 however, a municipality established a tax increment financing
3 district in a county with a population in excess of 3,000,000
4 before January 1, 1986, and the municipality entered into a
5 contract or issued bonds after January 1, 1986, but before
6 December 31, 1986, to finance redevelopment project costs
7 within a State Sales Tax Boundary, then the Net State Sales Tax
8 Increment means, for the fiscal years beginning July 1, 1990,
9 and July 1, 1991, 100% of the State Sales Tax Increment
10 annually generated within a State Sales Tax Boundary; and
11 notwithstanding any other provision of this Act, for those
12 fiscal years the Department of Revenue shall distribute to
13 those municipalities 100% of their Net State Sales Tax
14 Increment before any distribution to any other municipality
15 and regardless of whether or not those other municipalities
16 will receive 100% of their Net State Sales Tax Increment. For
17 Fiscal Year 1999, and every year thereafter until the year
18 2007, for any municipality that has not entered into a
19 contract or has not issued bonds prior to June 1, 1988 to
20 finance redevelopment project costs within a State Sales Tax
21 Boundary, the Net State Sales Tax Increment shall be
22 calculated as follows: By multiplying the Net State Sales Tax
23 Increment by 90% in the State Fiscal Year 1999; 80% in the
24 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
25 in the State Fiscal Year 2002; 50% in the State Fiscal Year
26 2003; 40% in the State Fiscal Year 2004; 30% in the State
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1 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
2 the State Fiscal Year 2007. No payment shall be made for State
3 Fiscal Year 2008 and thereafter.
4 Municipalities that issued bonds in connection with a
5 redevelopment project in a redevelopment project area within
6 the State Sales Tax Boundary prior to July 29, 1991, or that
7 entered into contracts in connection with a redevelopment
8 project in a redevelopment project area before June 1, 1988,
9 shall continue to receive their proportional share of the
10 Illinois Tax Increment Fund distribution until the date on
11 which the redevelopment project is completed or terminated.
12 If, however, a municipality that issued bonds in connection
13 with a redevelopment project in a redevelopment project area
14 within the State Sales Tax Boundary prior to July 29, 1991
15 retires the bonds prior to June 30, 2007 or a municipality that
16 entered into contracts in connection with a redevelopment
17 project in a redevelopment project area before June 1, 1988
18 completes the contracts prior to June 30, 2007, then so long as
19 the redevelopment project is not completed or is not
20 terminated, the Net State Sales Tax Increment shall be
21 calculated, beginning on the date on which the bonds are
22 retired or the contracts are completed, as follows: By
23 multiplying the Net State Sales Tax Increment by 60% in the
24 State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
25 in the State Fiscal Year 2004; 30% in the State Fiscal Year
26 2005; 20% in the State Fiscal Year 2006; and 10% in the State
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1 Fiscal Year 2007. No payment shall be made for State Fiscal
2 Year 2008 and thereafter. Refunding of any bonds issued prior
3 to July 29, 1991, shall not alter the Net State Sales Tax
4 Increment.
5 (j) "State Utility Tax Increment Amount" means an amount
6 equal to the aggregate increase in State electric and gas tax
7 charges imposed on owners and tenants, other than residential
8 customers, of properties located within the redevelopment
9 project area under Section 9-222 of the Public Utilities Act,
10 over and above the aggregate of such charges as certified by
11 the Department of Revenue and paid by owners and tenants,
12 other than residential customers, of properties within the
13 redevelopment project area during the base year, which shall
14 be the calendar year immediately prior to the year of the
15 adoption of the ordinance authorizing tax increment allocation
16 financing.
17 (k) "Net State Utility Tax Increment" means the sum of the
18 following: (a) 80% of the first $100,000 of State Utility Tax
19 Increment annually generated by a redevelopment project area;
20 (b) 60% of the amount in excess of $100,000 but not exceeding
21 $500,000 of the State Utility Tax Increment annually generated
22 by a redevelopment project area; and (c) 40% of all amounts in
23 excess of $500,000 of State Utility Tax Increment annually
24 generated by a redevelopment project area. For the State
25 Fiscal Year 1999, and every year thereafter until the year
26 2007, for any municipality that has not entered into a
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1 contract or has not issued bonds prior to June 1, 1988 to
2 finance redevelopment project costs within a redevelopment
3 project area, the Net State Utility Tax Increment shall be
4 calculated as follows: By multiplying the Net State Utility
5 Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
6 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
7 in the State Fiscal Year 2002; 50% in the State Fiscal Year
8 2003; 40% in the State Fiscal Year 2004; 30% in the State
9 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
10 the State Fiscal Year 2007. No payment shall be made for the
11 State Fiscal Year 2008 and thereafter.
12 Municipalities that issue bonds in connection with the
13 redevelopment project during the period from June 1, 1988
14 until 3 years after the effective date of this Amendatory Act
15 of 1988 shall receive the Net State Utility Tax Increment,
16 subject to appropriation, for 15 State Fiscal Years after the
17 issuance of such bonds. For the 16th through the 20th State
18 Fiscal Years after issuance of the bonds, the Net State
19 Utility Tax Increment shall be calculated as follows: By
20 multiplying the Net State Utility Tax Increment by 90% in year
21 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
22 year 20. Refunding of any bonds issued prior to June 1, 1988,
23 shall not alter the revised Net State Utility Tax Increment
24 payments set forth above.
25 (l) "Obligations" mean bonds, loans, debentures, notes,
26 special certificates or other evidence of indebtedness issued
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1 by the municipality to carry out a redevelopment project or to
2 refund outstanding obligations.
3 (m) "Payment in lieu of taxes" means those estimated tax
4 revenues from real property in a redevelopment project area
5 derived from real property that has been acquired by a
6 municipality which according to the redevelopment project or
7 plan is to be used for a private use which taxing districts
8 would have received had a municipality not acquired the real
9 property and adopted tax increment allocation financing and
10 which would result from levies made after the time of the
11 adoption of tax increment allocation financing to the time the
12 current equalized value of real property in the redevelopment
13 project area exceeds the total initial equalized value of real
14 property in said area.
15 (n) "Redevelopment plan" means the comprehensive program
16 of the municipality for development or redevelopment intended
17 by the payment of redevelopment project costs to reduce or
18 eliminate those conditions the existence of which qualified
19 the redevelopment project area as a "blighted area" or
20 "conservation area" or combination thereof or "industrial park
21 conservation area," and thereby to enhance the tax bases of
22 the taxing districts which extend into the redevelopment
23 project area, provided that, with respect to redevelopment
24 project areas described in subsections (p-1) and (p-2),
25 "redevelopment plan" means the comprehensive program of the
26 affected municipality for the development of qualifying
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1 transit facilities. On and after November 1, 1999 (the
2 effective date of Public Act 91-478), no redevelopment plan
3 may be approved or amended that includes the development of
4 vacant land (i) with a golf course and related clubhouse and
5 other facilities or (ii) designated by federal, State, county,
6 or municipal government as public land for outdoor
7 recreational activities or for nature preserves and used for
8 that purpose within 5 years prior to the adoption of the
9 redevelopment plan. For the purpose of this subsection,
10 "recreational activities" is limited to mean camping and
11 hunting. Each redevelopment plan shall set forth in writing
12 the program to be undertaken to accomplish the objectives and
13 shall include but not be limited to:
14 (A) an itemized list of estimated redevelopment
15 project costs;
16 (B) evidence indicating that the redevelopment project
17 area on the whole has not been subject to growth and
18 development through investment by private enterprise,
19 provided that such evidence shall not be required for any
20 redevelopment project area located within a transit
21 facility improvement area established pursuant to Section
22 11-74.4-3.3;
23 (C) an assessment of any financial impact of the
24 redevelopment project area on or any increased demand for
25 services from any taxing district affected by the plan and
26 any program to address such financial impact or increased
HB3595 Enrolled - 337 - LRB104 08153 BAB 18201 b
1 demand;
2 (D) the sources of funds to pay costs;
3 (E) the nature and term of the obligations to be
4 issued;
5 (F) the most recent equalized assessed valuation of
6 the redevelopment project area;
7 (G) an estimate as to the equalized assessed valuation
8 after redevelopment and the general land uses to apply in
9 the redevelopment project area;
10 (H) a commitment to fair employment practices and an
11 affirmative action plan;
12 (I) if it concerns an industrial park conservation
13 area, the plan shall also include a general description of
14 any proposed developer, user and tenant of any property, a
15 description of the type, structure and general character
16 of the facilities to be developed, a description of the
17 type, class and number of new employees to be employed in
18 the operation of the facilities to be developed; and
19 (J) if property is to be annexed to the municipality,
20 the plan shall include the terms of the annexation
21 agreement.
22 The provisions of items (B) and (C) of this subsection (n)
23 shall not apply to a municipality that before March 14, 1994
24 (the effective date of Public Act 88-537) had fixed, either by
25 its corporate authorities or by a commission designated under
26 subsection (k) of Section 11-74.4-4, a time and place for a
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1 public hearing as required by subsection (a) of Section
2 11-74.4-5. No redevelopment plan shall be adopted unless a
3 municipality complies with all of the following requirements:
4 (1) The municipality finds that the redevelopment
5 project area on the whole has not been subject to growth
6 and development through investment by private enterprise
7 and would not reasonably be anticipated to be developed
8 without the adoption of the redevelopment plan, provided,
9 however, that such a finding shall not be required with
10 respect to any redevelopment project area located within a
11 transit facility improvement area established pursuant to
12 Section 11-74.4-3.3.
13 (2) The municipality finds that the redevelopment plan
14 and project conform to the comprehensive plan for the
15 development of the municipality as a whole, or, for
16 municipalities with a population of 100,000 or more,
17 regardless of when the redevelopment plan and project was
18 adopted, the redevelopment plan and project either: (i)
19 conforms to the strategic economic development or
20 redevelopment plan issued by the designated planning
21 authority of the municipality, or (ii) includes land uses
22 that have been approved by the planning commission of the
23 municipality.
24 (3) The redevelopment plan establishes the estimated
25 dates of completion of the redevelopment project and
26 retirement of obligations issued to finance redevelopment
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1 project costs. Those dates may not be later than the dates
2 set forth under Section 11-74.4-3.5.
3 A municipality may by municipal ordinance amend an
4 existing redevelopment plan to conform to this paragraph
5 (3) as amended by Public Act 91-478, which municipal
6 ordinance may be adopted without further hearing or notice
7 and without complying with the procedures provided in this
8 Act pertaining to an amendment to or the initial approval
9 of a redevelopment plan and project and designation of a
10 redevelopment project area.
11 (3.5) The municipality finds, in the case of an
12 industrial park conservation area, also that the
13 municipality is a labor surplus municipality and that the
14 implementation of the redevelopment plan will reduce
15 unemployment, create new jobs and by the provision of new
16 facilities enhance the tax base of the taxing districts
17 that extend into the redevelopment project area.
18 (4) If any incremental revenues are being utilized
19 under Section 8(a)(1) or 8(a)(2) of this Act in
20 redevelopment project areas approved by ordinance after
21 January 1, 1986, the municipality finds: (a) that the
22 redevelopment project area would not reasonably be
23 developed without the use of such incremental revenues,
24 and (b) that such incremental revenues will be exclusively
25 utilized for the development of the redevelopment project
26 area.
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1 (5) If: (a) the redevelopment plan will not result in
2 displacement of residents from 10 or more inhabited
3 residential units, and the municipality certifies in the
4 plan that such displacement will not result from the plan;
5 or (b) the redevelopment plan is for a redevelopment
6 project area or a qualifying transit facility located
7 within a transit facility improvement area established
8 pursuant to Section 11-74.4-3.3, and the applicable
9 project is subject to the process for evaluation of
10 environmental effects under the National Environmental
11 Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing
12 impact study need not be performed. If, however, the
13 redevelopment plan would result in the displacement of
14 residents from 10 or more inhabited residential units, or
15 if the redevelopment project area contains 75 or more
16 inhabited residential units and no certification is made,
17 then the municipality shall prepare, as part of the
18 separate feasibility report required by subsection (a) of
19 Section 11-74.4-5, a housing impact study.
20 Part I of the housing impact study shall include (i)
21 data as to whether the residential units are single family
22 or multi-family units, (ii) the number and type of rooms
23 within the units, if that information is available, (iii)
24 whether the units are inhabited or uninhabited, as
25 determined not less than 45 days before the date that the
26 ordinance or resolution required by subsection (a) of
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1 Section 11-74.4-5 is passed, and (iv) data as to the
2 racial and ethnic composition of the residents in the
3 inhabited residential units. The data requirement as to
4 the racial and ethnic composition of the residents in the
5 inhabited residential units shall be deemed to be fully
6 satisfied by data from the most recent federal census.
7 Part II of the housing impact study shall identify the
8 inhabited residential units in the proposed redevelopment
9 project area that are to be or may be removed. If inhabited
10 residential units are to be removed, then the housing
11 impact study shall identify (i) the number and location of
12 those units that will or may be removed, (ii) the
13 municipality's plans for relocation assistance for those
14 residents in the proposed redevelopment project area whose
15 residences are to be removed, (iii) the availability of
16 replacement housing for those residents whose residences
17 are to be removed, and shall identify the type, location,
18 and cost of the housing, and (iv) the type and extent of
19 relocation assistance to be provided.
20 (6) On and after November 1, 1999, the housing impact
21 study required by paragraph (5) shall be incorporated in
22 the redevelopment plan for the redevelopment project area.
23 (7) On and after November 1, 1999, no redevelopment
24 plan shall be adopted, nor an existing plan amended, nor
25 shall residential housing that is occupied by households
26 of low-income and very low-income persons in currently
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1 existing redevelopment project areas be removed after
2 November 1, 1999 unless the redevelopment plan provides,
3 with respect to inhabited housing units that are to be
4 removed for households of low-income and very low-income
5 persons, affordable housing and relocation assistance not
6 less than that which would be provided under the federal
7 Uniform Relocation Assistance and Real Property
8 Acquisition Policies Act of 1970 and the regulations under
9 that Act, including the eligibility criteria. Affordable
10 housing may be either existing or newly constructed
11 housing. For purposes of this paragraph (7), "low-income
12 households", "very low-income households", and "affordable
13 housing" have the meanings set forth in the Illinois
14 Affordable Housing Act. The municipality shall make a good
15 faith effort to ensure that this affordable housing is
16 located in or near the redevelopment project area within
17 the municipality.
18 (8) On and after November 1, 1999, if, after the
19 adoption of the redevelopment plan for the redevelopment
20 project area, any municipality desires to amend its
21 redevelopment plan to remove more inhabited residential
22 units than specified in its original redevelopment plan,
23 that change shall be made in accordance with the
24 procedures in subsection (c) of Section 11-74.4-5.
25 (9) For redevelopment project areas designated prior
26 to November 1, 1999, the redevelopment plan may be amended
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1 without further joint review board meeting or hearing,
2 provided that the municipality shall give notice of any
3 such changes by mail to each affected taxing district and
4 registrant on the interested party registry, to authorize
5 the municipality to expend tax increment revenues for
6 redevelopment project costs defined by paragraphs (5) and
7 (7.5), subparagraphs (E) and (F) of paragraph (11), and
8 paragraph (11.5) of subsection (q) of Section 11-74.4-3,
9 so long as the changes do not increase the total estimated
10 redevelopment project costs set out in the redevelopment
11 plan by more than 5% after adjustment for inflation from
12 the date the plan was adopted.
13 (o) "Redevelopment project" means any public and private
14 development project in furtherance of the objectives of a
15 redevelopment plan. 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.
26 (p) "Redevelopment project area" means an area designated
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1 by the municipality, which is not less in the aggregate than 1
2 1/2 acres and in respect to which the municipality has made a
3 finding that there exist conditions which cause the area to be
4 classified as an industrial park conservation area or a
5 blighted area or a conservation area, or a combination of both
6 blighted areas and conservation areas.
7 (p-1) Notwithstanding any provision of this Act to the
8 contrary, on and after August 25, 2009 (the effective date of
9 Public Act 96-680), a redevelopment project area may include
10 areas within a one-half mile radius of an existing or proposed
11 Northern Illinois Transit Authority Suburban Transit Access
12 Route (STAR Line) station without a finding that the area is
13 classified as an industrial park conservation area, a blighted
14 area, a conservation area, or a combination thereof, but only
15 if the municipality receives unanimous consent from the joint
16 review board created to review the proposed redevelopment
17 project area.
18 (p-2) Notwithstanding any provision of this Act to the
19 contrary, on and after the effective date of this amendatory
20 Act of the 99th General Assembly, a redevelopment project area
21 may include areas within a transit facility improvement area
22 that has been established pursuant to Section 11-74.4-3.3
23 without a finding that the area is classified as an industrial
24 park conservation area, a blighted area, a conservation area,
25 or any combination thereof.
26 (q) "Redevelopment project costs", except for
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1 redevelopment project areas created pursuant to subsection
2 (p-1) or (p-2), means and includes the sum total of all
3 reasonable or necessary costs incurred or estimated to be
4 incurred, and any such costs incidental to a redevelopment
5 plan and a redevelopment project. Such costs include, without
6 limitation, the following:
7 (1) Costs of studies, surveys, development of plans,
8 and specifications, implementation and administration of
9 the redevelopment plan including but not limited to staff
10 and professional service costs for architectural,
11 engineering, legal, financial, planning or other services,
12 provided however that no charges for professional services
13 may be based on a percentage of the tax increment
14 collected; except that on and after November 1, 1999 (the
15 effective date of Public Act 91-478), no contracts for
16 professional services, excluding architectural and
17 engineering services, may be entered into if the terms of
18 the contract extend beyond a period of 3 years. In
19 addition, "redevelopment project costs" shall not include
20 lobbying expenses. After consultation with the
21 municipality, each tax increment consultant or advisor to
22 a municipality that plans to designate or has designated a
23 redevelopment project area shall inform the municipality
24 in writing of any contracts that the consultant or advisor
25 has entered into with entities or individuals that have
26 received, or are receiving, payments financed by tax
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1 increment revenues produced by the redevelopment project
2 area with respect to which the consultant or advisor has
3 performed, or will be performing, service for the
4 municipality. This requirement shall be satisfied by the
5 consultant or advisor before the commencement of services
6 for the municipality and thereafter whenever any other
7 contracts with those individuals or entities are executed
8 by the consultant or advisor;
9 (1.5) After July 1, 1999, annual administrative costs
10 shall not include general overhead or administrative costs
11 of the municipality that would still have been incurred by
12 the municipality if the municipality had not designated a
13 redevelopment project area or approved a redevelopment
14 plan;
15 (1.6) The cost of marketing sites within the
16 redevelopment project area to prospective businesses,
17 developers, and investors;
18 (2) Property assembly costs, including but not limited
19 to acquisition of land and other property, real or
20 personal, or rights or interests therein, demolition of
21 buildings, site preparation, site improvements that serve
22 as an engineered barrier addressing ground level or below
23 ground environmental contamination, including, but not
24 limited to parking lots and other concrete or asphalt
25 barriers, and the clearing and grading of land;
26 (3) Costs of rehabilitation, reconstruction or repair
HB3595 Enrolled - 347 - LRB104 08153 BAB 18201 b
1 or remodeling of existing public or private buildings,
2 fixtures, and leasehold improvements; and the cost of
3 replacing an existing public building if pursuant to the
4 implementation of a redevelopment project the existing
5 public building is to be demolished to use the site for
6 private investment or devoted to a different use requiring
7 private investment; including any direct or indirect costs
8 relating to Green Globes or LEED certified construction
9 elements or construction elements with an equivalent
10 certification;
11 (4) Costs of the construction of public works or
12 improvements, including any direct or indirect costs
13 relating to Green Globes or LEED certified construction
14 elements or construction elements with an equivalent
15 certification, except that on and after November 1, 1999,
16 redevelopment project costs shall not include the cost of
17 constructing a new municipal public building principally
18 used to provide offices, storage space, or conference
19 facilities or vehicle storage, maintenance, or repair for
20 administrative, public safety, or public works personnel
21 and that is not intended to replace an existing public
22 building as provided under paragraph (3) of subsection (q)
23 of Section 11-74.4-3 unless either (i) the construction of
24 the new municipal building implements a redevelopment
25 project that was included in a redevelopment plan that was
26 adopted by the municipality prior to November 1, 1999,
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1 (ii) the municipality makes a reasonable determination in
2 the redevelopment plan, supported by information that
3 provides the basis for that determination, that the new
4 municipal building is required to meet an increase in the
5 need for public safety purposes anticipated to result from
6 the implementation of the redevelopment plan, or (iii) the
7 new municipal public building is for the storage,
8 maintenance, or repair of transit vehicles and is located
9 in a transit facility improvement area that has been
10 established pursuant to Section 11-74.4-3.3;
11 (5) Costs of job training and retraining projects,
12 including the cost of "welfare to work" programs
13 implemented by businesses located within the redevelopment
14 project area;
15 (6) Financing costs, including but not limited to all
16 necessary and incidental expenses related to the issuance
17 of obligations and which may include payment of interest
18 on any obligations issued hereunder including interest
19 accruing during the estimated period of construction of
20 any redevelopment project for which such obligations are
21 issued and for not exceeding 36 months thereafter and
22 including reasonable reserves related thereto;
23 (7) To the extent the municipality by written
24 agreement accepts and approves the same, all or a portion
25 of a taxing district's capital costs resulting from the
26 redevelopment project necessarily incurred or to be
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1 incurred within a taxing district in furtherance of the
2 objectives of the redevelopment plan and project;
3 (7.5) For redevelopment project areas designated (or
4 redevelopment project areas amended to add or increase the
5 number of tax-increment-financing assisted housing units)
6 on or after November 1, 1999, an elementary, secondary, or
7 unit school district's increased costs attributable to
8 assisted housing units located within the redevelopment
9 project area for which the developer or redeveloper
10 receives financial assistance through an agreement with
11 the municipality or because the municipality incurs the
12 cost of necessary infrastructure improvements within the
13 boundaries of the assisted housing sites necessary for the
14 completion of that housing as authorized by this Act, and
15 which costs shall be paid by the municipality from the
16 Special Tax Allocation Fund when the tax increment revenue
17 is received as a result of the assisted housing units and
18 shall be calculated annually as follows:
19 (A) for foundation districts, excluding any school
20 district in a municipality with a population in excess
21 of 1,000,000, by multiplying the district's increase
22 in attendance resulting from the net increase in new
23 students enrolled in that school district who reside
24 in housing units within the redevelopment project area
25 that have received financial assistance through an
26 agreement with the municipality or because the
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1 municipality incurs the cost of necessary
2 infrastructure improvements within the boundaries of
3 the housing sites necessary for the completion of that
4 housing as authorized by this Act since the
5 designation of the redevelopment project area by the
6 most recently available per capita tuition cost as
7 defined in Section 10-20.12a of the School Code less
8 any increase in general State aid as defined in
9 Section 18-8.05 of the School Code or evidence-based
10 funding as defined in Section 18-8.15 of the School
11 Code attributable to these added new students subject
12 to the following annual limitations:
13 (i) for unit school districts with a district
14 average 1995-96 Per Capita Tuition Charge of less
15 than $5,900, no more than 25% of the total amount
16 of property tax increment revenue produced by
17 those housing units that have received tax
18 increment finance assistance under this Act;
19 (ii) for elementary school districts with a
20 district average 1995-96 Per Capita Tuition Charge
21 of less than $5,900, no more than 17% of the total
22 amount of property tax increment revenue produced
23 by those housing units that have received tax
24 increment finance assistance under this Act; and
25 (iii) for secondary school districts with a
26 district average 1995-96 Per Capita Tuition Charge
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1 of less than $5,900, no more than 8% of the total
2 amount of property tax increment revenue produced
3 by those housing units that have received tax
4 increment finance assistance under this Act.
5 (B) For alternate method districts, flat grant
6 districts, and foundation districts with a district
7 average 1995-96 Per Capita Tuition Charge equal to or
8 more than $5,900, excluding any school district with a
9 population in excess of 1,000,000, by multiplying the
10 district's increase in attendance resulting from the
11 net increase in new students enrolled in that school
12 district who reside in housing units within the
13 redevelopment project area that have received
14 financial assistance through an agreement with the
15 municipality or because the municipality incurs the
16 cost of necessary infrastructure improvements within
17 the boundaries of the housing sites necessary for the
18 completion of that housing as authorized by this Act
19 since the designation of the redevelopment project
20 area by the most recently available per capita tuition
21 cost as defined in Section 10-20.12a of the School
22 Code less any increase in general state aid as defined
23 in Section 18-8.05 of the School Code or
24 evidence-based funding as defined in Section 18-8.15
25 of the School Code attributable to these added new
26 students subject to the following annual limitations:
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1 (i) for unit school districts, no more than
2 40% of the total amount of property tax increment
3 revenue produced by those housing units that have
4 received tax increment finance assistance under
5 this Act;
6 (ii) for elementary school districts, no more
7 than 27% of the total amount of property tax
8 increment revenue produced by those housing units
9 that have received tax increment finance
10 assistance under this Act; and
11 (iii) for secondary school districts, no more
12 than 13% of the total amount of property tax
13 increment revenue produced by those housing units
14 that have received tax increment finance
15 assistance under this Act.
16 (C) For any school district in a municipality with
17 a population in excess of 1,000,000, the following
18 restrictions shall apply to the reimbursement of
19 increased costs under this paragraph (7.5):
20 (i) no increased costs shall be reimbursed
21 unless the school district certifies that each of
22 the schools affected by the assisted housing
23 project is at or over its student capacity;
24 (ii) the amount reimbursable shall be reduced
25 by the value of any land donated to the school
26 district by the municipality or developer, and by
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1 the value of any physical improvements made to the
2 schools by the municipality or developer; and
3 (iii) the amount reimbursed may not affect
4 amounts otherwise obligated by the terms of any
5 bonds, notes, or other funding instruments, or the
6 terms of any redevelopment agreement.
7 Any school district seeking payment under this
8 paragraph (7.5) shall, after July 1 and before
9 September 30 of each year, provide the municipality
10 with reasonable evidence to support its claim for
11 reimbursement before the municipality shall be
12 required to approve or make the payment to the school
13 district. If the school district fails to provide the
14 information during this period in any year, it shall
15 forfeit any claim to reimbursement for that year.
16 School districts may adopt a resolution waiving the
17 right to all or a portion of the reimbursement
18 otherwise required by this paragraph (7.5). By
19 acceptance of this reimbursement the school district
20 waives the right to directly or indirectly set aside,
21 modify, or contest in any manner the establishment of
22 the redevelopment project area or projects;
23 (7.7) For redevelopment project areas designated (or
24 redevelopment project areas amended to add or increase the
25 number of tax-increment-financing assisted housing units)
26 on or after January 1, 2005 (the effective date of Public
HB3595 Enrolled - 354 - LRB104 08153 BAB 18201 b
1 Act 93-961), a public library district's increased costs
2 attributable to assisted housing units located within the
3 redevelopment project area for which the developer or
4 redeveloper receives financial assistance through an
5 agreement with the municipality or because the
6 municipality incurs the cost of necessary infrastructure
7 improvements within the boundaries of the assisted housing
8 sites necessary for the completion of that housing as
9 authorized by this Act shall be paid to the library
10 district by the municipality from the Special Tax
11 Allocation Fund when the tax increment revenue is received
12 as a result of the assisted housing units. This paragraph
13 (7.7) applies only if (i) the library district is located
14 in a county that is subject to the Property Tax Extension
15 Limitation Law or (ii) the library district is not located
16 in a county that is subject to the Property Tax Extension
17 Limitation Law but the district is prohibited by any other
18 law from increasing its tax levy rate without a prior
19 voter referendum.
20 The amount paid to a library district under this
21 paragraph (7.7) shall be calculated by multiplying (i) the
22 net increase in the number of persons eligible to obtain a
23 library card in that district who reside in housing units
24 within the redevelopment project area that have received
25 financial assistance through an agreement with the
26 municipality or because the municipality incurs the cost
HB3595 Enrolled - 355 - LRB104 08153 BAB 18201 b
1 of necessary infrastructure improvements within the
2 boundaries of the housing sites necessary for the
3 completion of that housing as authorized by this Act since
4 the designation of the redevelopment project area by (ii)
5 the per-patron cost of providing library services so long
6 as it does not exceed $120. The per-patron cost shall be
7 the Total Operating Expenditures Per Capita for the
8 library in the previous fiscal year. The municipality may
9 deduct from the amount that it must pay to a library
10 district under this paragraph any amount that it has
11 voluntarily paid to the library district from the tax
12 increment revenue. The amount paid to a library district
13 under this paragraph (7.7) shall be no more than 2% of the
14 amount produced by the assisted housing units and
15 deposited into the Special Tax Allocation Fund.
16 A library district is not eligible for any payment
17 under this paragraph (7.7) unless the library district has
18 experienced an increase in the number of patrons from the
19 municipality that created the tax-increment-financing
20 district since the designation of the redevelopment
21 project area.
22 Any library district seeking payment under this
23 paragraph (7.7) shall, after July 1 and before September
24 30 of each year, provide the municipality with convincing
25 evidence to support its claim for reimbursement before the
26 municipality shall be required to approve or make the
HB3595 Enrolled - 356 - LRB104 08153 BAB 18201 b
1 payment to the library district. If the library district
2 fails to provide the information during this period in any
3 year, it shall forfeit any claim to reimbursement for that
4 year. Library districts may adopt a resolution waiving the
5 right to all or a portion of the reimbursement otherwise
6 required by this paragraph (7.7). By acceptance of such
7 reimbursement, the library district shall forfeit any
8 right to directly or indirectly set aside, modify, or
9 contest in any manner whatsoever the establishment of the
10 redevelopment project area or projects;
11 (8) Relocation costs to the extent that a municipality
12 determines that relocation costs shall be paid or is
13 required to make payment of relocation costs by federal or
14 State law or in order to satisfy subparagraph (7) of
15 subsection (n);
16 (9) Payment in lieu of taxes;
17 (10) Costs of job training, retraining, advanced
18 vocational education or career education, including but
19 not limited to courses in occupational, semi-technical or
20 technical fields leading directly to employment, incurred
21 by one or more taxing districts, provided that such costs
22 (i) are related to the establishment and maintenance of
23 additional job training, advanced vocational education or
24 career education programs for persons employed or to be
25 employed by employers located in a redevelopment project
26 area; and (ii) when incurred by a taxing district or
HB3595 Enrolled - 357 - LRB104 08153 BAB 18201 b
1 taxing districts other than the municipality, are set
2 forth in a written agreement by or among the municipality
3 and the taxing district or taxing districts, which
4 agreement describes the program to be undertaken,
5 including but not limited to the number of employees to be
6 trained, a description of the training and services to be
7 provided, the number and type of positions available or to
8 be available, itemized costs of the program and sources of
9 funds to pay for the same, and the term of the agreement.
10 Such costs include, specifically, the payment by community
11 college districts of costs pursuant to Sections 3-37,
12 3-38, 3-40 and 3-40.1 of the Public Community College Act
13 and by school districts of costs pursuant to Sections
14 10-22.20a and 10-23.3a of the School Code;
15 (11) Interest cost incurred by a redeveloper related
16 to the construction, renovation or rehabilitation of a
17 redevelopment project provided that:
18 (A) such costs are to be paid directly from the
19 special tax allocation fund established pursuant to
20 this Act;
21 (B) such payments in any one year may not exceed
22 30% of the annual interest costs incurred by the
23 redeveloper with regard to the redevelopment project
24 during that year;
25 (C) if there are not sufficient funds available in
26 the special tax allocation fund to make the payment
HB3595 Enrolled - 358 - LRB104 08153 BAB 18201 b
1 pursuant to this paragraph (11) then the amounts so
2 due shall accrue and be payable when sufficient funds
3 are available in the special tax allocation fund;
4 (D) the total of such interest payments paid
5 pursuant to this Act may not exceed 30% of the total
6 (i) cost paid or incurred by the redeveloper for the
7 redevelopment project plus (ii) redevelopment project
8 costs excluding any property assembly costs and any
9 relocation costs incurred by a municipality pursuant
10 to this Act;
11 (E) the cost limits set forth in subparagraphs (B)
12 and (D) of paragraph (11) shall be modified for the
13 financing of rehabilitated or new housing units for
14 low-income households and very low-income households,
15 as defined in Section 3 of the Illinois Affordable
16 Housing Act. The percentage of 75% shall be
17 substituted for 30% in subparagraphs (B) and (D) of
18 paragraph (11); and
19 (F) instead of the eligible costs provided by
20 subparagraphs (B) and (D) of paragraph (11), as
21 modified by this subparagraph, and notwithstanding any
22 other provisions of this Act to the contrary, the
23 municipality may pay from tax increment revenues up to
24 50% of the cost of construction of new housing units to
25 be occupied by low-income households and very
26 low-income households as defined in Section 3 of the
HB3595 Enrolled - 359 - LRB104 08153 BAB 18201 b
1 Illinois Affordable Housing Act. The cost of
2 construction of those units may be derived from the
3 proceeds of bonds issued by the municipality under
4 this Act or other constitutional or statutory
5 authority or from other sources of municipal revenue
6 that may be reimbursed from tax increment revenues or
7 the proceeds of bonds issued to finance the
8 construction of that housing.
9 The eligible costs provided under this
10 subparagraph (F) of paragraph (11) shall be an
11 eligible cost for the construction, renovation, and
12 rehabilitation of all low and very low-income housing
13 units, as defined in Section 3 of the Illinois
14 Affordable Housing Act, within the redevelopment
15 project area. If the low and very low-income units are
16 part of a residential redevelopment project that
17 includes units not affordable to low and very
18 low-income households, only the low and very
19 low-income units shall be eligible for benefits under
20 this subparagraph (F) of paragraph (11). The standards
21 for maintaining the occupancy by low-income households
22 and very low-income households, as defined in Section
23 3 of the Illinois Affordable Housing Act, of those
24 units constructed with eligible costs made available
25 under the provisions of this subparagraph (F) of
26 paragraph (11) shall be established by guidelines
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1 adopted by the municipality. The responsibility for
2 annually documenting the initial occupancy of the
3 units by low-income households and very low-income
4 households, as defined in Section 3 of the Illinois
5 Affordable Housing Act, shall be that of the then
6 current owner of the property. For ownership units,
7 the guidelines will provide, at a minimum, for a
8 reasonable recapture of funds, or other appropriate
9 methods designed to preserve the original
10 affordability of the ownership units. For rental
11 units, the guidelines will provide, at a minimum, for
12 the affordability of rent to low and very low-income
13 households. As units become available, they shall be
14 rented to income-eligible tenants. The municipality
15 may modify these guidelines from time to time; the
16 guidelines, however, shall be in effect for as long as
17 tax increment revenue is being used to pay for costs
18 associated with the units or for the retirement of
19 bonds issued to finance the units or for the life of
20 the redevelopment project area, whichever is later;
21 (11.5) If the redevelopment project area is located
22 within a municipality with a population of more than
23 100,000, the cost of early care and education day care
24 services for children of employees from low-income
25 families working for businesses located within the
26 redevelopment project area and all or a portion of the
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1 cost of operation of early care and education day care
2 centers established by redevelopment project area
3 businesses to serve employees from low-income families
4 working in businesses located in the redevelopment project
5 area. For the purposes of this paragraph, "low-income
6 families" means families whose annual income does not
7 exceed 80% of the municipal, county, or regional median
8 income, adjusted for family size, as the annual income and
9 municipal, county, or regional median income are
10 determined from time to time by the United States
11 Department of Housing and Urban Development.
12 (12) Costs relating to the development of urban
13 agricultural areas under Division 15.2 of the Illinois
14 Municipal Code.
15 Unless explicitly stated herein the cost of construction
16 of new privately owned buildings shall not be an eligible
17 redevelopment project cost.
18 After November 1, 1999 (the effective date of Public Act
19 91-478), none of the redevelopment project costs enumerated in
20 this subsection shall be eligible redevelopment project costs
21 if those costs would provide direct financial support to a
22 retail entity initiating operations in the redevelopment
23 project area while terminating operations at another Illinois
24 location within 10 miles of the redevelopment project area but
25 outside the boundaries of the redevelopment project area
26 municipality. For purposes of this paragraph, termination
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1 means a closing of a retail operation that is directly related
2 to the opening of the same operation or like retail entity
3 owned or operated by more than 50% of the original ownership in
4 a redevelopment project area, but it does not mean closing an
5 operation for reasons beyond the control of the retail entity,
6 as documented by the retail entity, subject to a reasonable
7 finding by the municipality that the current location
8 contained inadequate space, had become economically obsolete,
9 or was no longer a viable location for the retailer or
10 serviceman.
11 No cost shall be a redevelopment project cost in a
12 redevelopment project area if used to demolish, remove, or
13 substantially modify a historic resource, after August 26,
14 2008 (the effective date of Public Act 95-934), unless no
15 prudent and feasible alternative exists. "Historic resource"
16 for the purpose of this paragraph means (i) a place or
17 structure that is included or eligible for inclusion on the
18 National Register of Historic Places or (ii) a contributing
19 structure in a district on the National Register of Historic
20 Places. This paragraph does not apply to a place or structure
21 for which demolition, removal, or modification is subject to
22 review by the preservation agency of a Certified Local
23 Government designated as such by the National Park Service of
24 the United States Department of the Interior.
25 If a special service area has been established pursuant to
26 the Special Service Area Tax Act or Special Service Area Tax
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1 Law, then any tax increment revenues derived from the tax
2 imposed pursuant to the Special Service Area Tax Act or
3 Special Service Area Tax Law may be used within the
4 redevelopment project area for the purposes permitted by that
5 Act or Law as well as the purposes permitted by this Act.
6 (q-1) For redevelopment project areas created pursuant to
7 subsection (p-1), redevelopment project costs are limited to
8 those costs in paragraph (q) that are related to the existing
9 or proposed Northern Illinois Transit Authority Suburban
10 Transit Access Route (STAR Line) station.
11 (q-2) For a transit facility improvement area established
12 prior to, on, or after the effective date of this amendatory
13 Act of the 102nd General Assembly: (i) "redevelopment project
14 costs" means those costs described in subsection (q) that are
15 related to the construction, reconstruction, rehabilitation,
16 remodeling, or repair of any existing or proposed transit
17 facility, whether that facility is located within or outside
18 the boundaries of a redevelopment project area established
19 within that transit facility improvement area (and, to the
20 extent a redevelopment project cost is described in subsection
21 (q) as incurred or estimated to be incurred with respect to a
22 redevelopment project area, then it shall apply with respect
23 to such transit facility improvement area); and (ii) the
24 provisions of Section 11-74.4-8 regarding tax increment
25 allocation financing for a redevelopment project area located
26 in a transit facility improvement area shall apply only to the
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1 lots, blocks, tracts and parcels of real property that are
2 located within the boundaries of that redevelopment project
3 area and not to the lots, blocks, tracts, and parcels of real
4 property that are located outside the boundaries of that
5 redevelopment project area.
6 (r) "State Sales Tax Boundary" means the redevelopment
7 project area or the amended redevelopment project area
8 boundaries which are determined pursuant to subsection (9) of
9 Section 11-74.4-8a of this Act. The Department of Revenue
10 shall certify pursuant to subsection (9) of Section 11-74.4-8a
11 the appropriate boundaries eligible for the determination of
12 State Sales Tax Increment.
13 (s) "State Sales Tax Increment" means an amount equal to
14 the increase in the aggregate amount of taxes paid by
15 retailers and servicemen, other than retailers and servicemen
16 subject to the Public Utilities Act, on transactions at places
17 of business located within a State Sales Tax Boundary pursuant
18 to the Retailers' Occupation Tax Act, the Use Tax Act, the
19 Service Use Tax Act, and the Service Occupation Tax Act,
20 except such portion of such increase that is paid into the
21 State and Local Sales Tax Reform Fund, the Local Government
22 Distributive Fund, the Local Government Tax Fund and the
23 County and Mass Transit District Fund, for as long as State
24 participation exists, over and above the Initial Sales Tax
25 Amounts, Adjusted Initial Sales Tax Amounts or the Revised
26 Initial Sales Tax Amounts for such taxes as certified by the
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1 Department of Revenue and paid under those Acts by retailers
2 and servicemen on transactions at places of business located
3 within the State Sales Tax Boundary during the base year which
4 shall be the calendar year immediately prior to the year in
5 which the municipality adopted tax increment allocation
6 financing, less 3.0% of such amounts generated under the
7 Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
8 Act and the Service Occupation Tax Act, which sum shall be
9 appropriated to the Department of Revenue to cover its costs
10 of administering and enforcing this Section. For purposes of
11 computing the aggregate amount of such taxes for base years
12 occurring prior to 1985, the Department of Revenue shall
13 compute the Initial Sales Tax Amount for such taxes and deduct
14 therefrom an amount equal to 4% of the aggregate amount of
15 taxes per year for each year the base year is prior to 1985,
16 but not to exceed a total deduction of 12%. The amount so
17 determined shall be known as the "Adjusted Initial Sales Tax
18 Amount". For purposes of determining the State Sales Tax
19 Increment the Department of Revenue shall for each period
20 subtract from the tax amounts received from retailers and
21 servicemen on transactions located in the State Sales Tax
22 Boundary, the certified Initial Sales Tax Amounts, Adjusted
23 Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
24 for the Retailers' Occupation Tax Act, the Use Tax Act, the
25 Service Use Tax Act and the Service Occupation Tax Act. For the
26 State Fiscal Year 1989 this calculation shall be made by
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1 utilizing the calendar year 1987 to determine the tax amounts
2 received. For the State Fiscal Year 1990, this calculation
3 shall be made by utilizing the period from January 1, 1988,
4 until September 30, 1988, to determine the tax amounts
5 received from retailers and servicemen, which shall have
6 deducted therefrom nine-twelfths of the certified Initial
7 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
8 Revised Initial Sales Tax Amounts as appropriate. For the
9 State Fiscal Year 1991, this calculation shall be made by
10 utilizing the period from October 1, 1988, until June 30,
11 1989, to determine the tax amounts received from retailers and
12 servicemen, which shall have deducted therefrom nine-twelfths
13 of the certified Initial State Sales Tax Amounts, Adjusted
14 Initial Sales Tax Amounts or the Revised Initial Sales Tax
15 Amounts as appropriate. For every State Fiscal Year
16 thereafter, the applicable period shall be the 12 months
17 beginning July 1 and ending on June 30, to determine the tax
18 amounts received which shall have deducted therefrom the
19 certified Initial Sales Tax Amounts, Adjusted Initial Sales
20 Tax Amounts or the Revised Initial Sales Tax Amounts.
21 Municipalities intending to receive a distribution of State
22 Sales Tax Increment must report a list of retailers to the
23 Department of Revenue by October 31, 1988 and by July 31, of
24 each year thereafter.
25 (t) "Taxing districts" means counties, townships, cities
26 and incorporated towns and villages, school, road, park,
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1 sanitary, mosquito abatement, forest preserve, public health,
2 fire protection, river conservancy, tuberculosis sanitarium
3 and any other municipal corporations or districts with the
4 power to levy taxes.
5 (u) "Taxing districts' capital costs" means those costs of
6 taxing districts for capital improvements that are found by
7 the municipal corporate authorities to be necessary and
8 directly result from the redevelopment project.
9 (v) As used in subsection (a) of Section 11-74.4-3 of this
10 Act, "vacant land" means any parcel or combination of parcels
11 of real property without industrial, commercial, and
12 residential buildings which has not been used for commercial
13 agricultural purposes within 5 years prior to the designation
14 of the redevelopment project area, unless the parcel is
15 included in an industrial park conservation area or the parcel
16 has been subdivided; provided that if the parcel was part of a
17 larger tract that has been divided into 3 or more smaller
18 tracts that were accepted for recording during the period from
19 1950 to 1990, then the parcel shall be deemed to have been
20 subdivided, and all proceedings and actions of the
21 municipality taken in that connection with respect to any
22 previously approved or designated redevelopment project area
23 or amended redevelopment project area are hereby validated and
24 hereby declared to be legally sufficient for all purposes of
25 this Act. For purposes of this Section and only for land
26 subject to the subdivision requirements of the Plat Act, land
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1 is subdivided when the original plat of the proposed
2 Redevelopment Project Area or relevant portion thereof has
3 been properly certified, acknowledged, approved, and recorded
4 or filed in accordance with the Plat Act and a preliminary
5 plat, if any, for any subsequent phases of the proposed
6 Redevelopment Project Area or relevant portion thereof has
7 been properly approved and filed in accordance with the
8 applicable ordinance of the municipality.
9 (w) "Annual Total Increment" means the sum of each
10 municipality's annual Net Sales Tax Increment and each
11 municipality's annual Net Utility Tax Increment. The ratio of
12 the Annual Total Increment of each municipality to the Annual
13 Total Increment for all municipalities, as most recently
14 calculated by the Department, shall determine the proportional
15 shares of the Illinois Tax Increment Fund to be distributed to
16 each municipality.
17 (x) "LEED certified" means any certification level of
18 construction elements by a qualified Leadership in Energy and
19 Environmental Design Accredited Professional as determined by
20 the U.S. Green Building Council.
21 (y) "Green Globes certified" means any certification level
22 of construction elements by a qualified Green Globes
23 Professional as determined by the Green Building Initiative.
24 (Source: P.A. 104-457, eff. 6-1-26.)
25 (65 ILCS 5/11-80-15) (from Ch. 24, par. 11-80-15)
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1 Sec. 11-80-15. Street advertising; adult entertainment
2 advertising.
3 (a) The corporate authorities of each municipality may
4 license street advertising by means of billboards, sign
5 boards, and signs and may regulate the character and control
6 the location of billboards, sign boards, and signs upon vacant
7 property and upon buildings.
8 (b) The corporate authorities of each municipality may
9 further regulate the character and control the location of
10 adult entertainment advertising placed on billboards, sign
11 boards, and signs upon vacant property and upon buildings that
12 are within 1,000 feet of the property boundaries of schools,
13 early care and education day care centers, cemeteries, public
14 parks, and places of religious worship.
15 For the purposes of this subsection, "adult entertainment"
16 means entertainment provided by an adult bookstore, striptease
17 club, or pornographic movie theater whose business is the
18 commercial sale, dissemination, or distribution of sexually
19 explicit materials, shows, or other exhibitions.
20 (Source: P.A. 89-605, eff. 8-2-96.)
21 Section 90. The River Edge Redevelopment Zone Act is
22 amended by changing Section 10-8 as follows:
23 (65 ILCS 115/10-8)
24 Sec. 10-8. Zone Administration. The administration of a
HB3595 Enrolled - 370 - LRB104 08153 BAB 18201 b
1 River Edge Redevelopment Zone shall be under the jurisdiction
2 of the designating municipality. Each designating municipality
3 shall, by ordinance, designate a Zone Administrator for the
4 certified zones within its jurisdiction. A Zone Administrator
5 must be an officer or employee of the municipality. The Zone
6 Administrator shall be the liaison between the designating
7 municipality, the Department, and any designated zone
8 organizations within zones under his or her jurisdiction.
9 A designating municipality may designate one or more
10 organizations to be a designated zone organization, as defined
11 under Section 10-3. The municipality, may, by ordinance,
12 delegate functions within a River Edge Redevelopment Zone to
13 one or more designated zone organizations in such zones.
14 Subject to the necessary governmental authorizations,
15 designated zone organizations may, in coordination with the
16 municipality, provide or contract for provision of public
17 services including, but not limited to:
18 (1) crime-watch patrols within zone neighborhoods;
19 (2) volunteer early care and education day-care
20 centers;
21 (3) recreational activities for zone-area youth;
22 (4) garbage collection;
23 (5) street maintenance and improvements;
24 (6) bridge maintenance and improvements;
25 (7) maintenance and improvement of water and sewer
26 lines;
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1 (8) energy conservation projects;
2 (9) health and clinic services;
3 (10) drug abuse programs;
4 (11) senior citizen assistance programs;
5 (12) park maintenance;
6 (13) rehabilitation, renovation, and operation and
7 maintenance of low and moderate income housing; and
8 (14) other types of public services as provided by law
9 or regulation.
10 (Source: P.A. 94-1021, eff. 7-12-06.)
11 Section 95. The School Code is amended by changing
12 Sections 2-3.66, 10-22.18b, 10-22.18c, and 34-18.4 as follows:
13 (105 ILCS 5/2-3.66) (from Ch. 122, par. 2-3.66)
14 Sec. 2-3.66. Truants' alternative and optional education
15 programs. To establish projects to offer modified
16 instructional programs or other services designed to prevent
17 students from dropping out of school, including programs
18 pursuant to Section 2-3.41, and to serve as a part time or full
19 time option in lieu of regular school attendance and to award
20 grants to local school districts, educational service regions
21 or community college districts from appropriated funds to
22 assist districts in establishing such projects. The education
23 agency may operate its own program or enter into a contract
24 with another not-for-profit entity to implement the program.
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1 The projects shall allow dropouts, up to and including age 21,
2 potential dropouts, including truants, uninvolved, unmotivated
3 and disaffected students, as defined by State Board of
4 Education rules and regulations, to enroll, as an alternative
5 to regular school attendance, in an optional education program
6 which may be established by school board policy and is in
7 conformance with rules adopted by the State Board of
8 Education. Truants' Alternative and Optional Education
9 programs funded pursuant to this Section shall be planned by a
10 student, the student's parents or legal guardians, unless the
11 student is 18 years or older, and school officials and shall
12 culminate in an individualized optional education plan. Such
13 plan shall focus on academic or vocational skills, or both,
14 and may include, but not be limited to, evening school, summer
15 school, community college courses, adult education,
16 preparation courses for high school equivalency testing,
17 vocational training, work experience, programs to enhance self
18 concept and parenting courses. School districts which are
19 awarded grants pursuant to this Section shall be authorized to
20 provide early care and education day care services to children
21 of students who are eligible and desire to enroll in programs
22 established and funded under this Section, but only if and to
23 the extent that such early care and education day care is
24 necessary to enable those eligible students to attend and
25 participate in the programs and courses which are conducted
26 pursuant to this Section. School districts and regional
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1 offices of education may claim general State aid under Section
2 18-8.05 or evidence-based funding under Section 18-8.15 for
3 students enrolled in truants' alternative and optional
4 education programs, provided that such students are receiving
5 services that are supplemental to a program leading to a high
6 school diploma and are otherwise eligible to be claimed for
7 general State aid under Section 18-8.05 or evidence-based
8 funding under Section 18-8.15, as applicable.
9 (Source: P.A. 100-465, eff. 8-31-17.)
10 (105 ILCS 5/10-22.18b) (from Ch. 122, par. 10-22.18b)
11 Sec. 10-22.18b. Before and after school programs. To
12 develop and maintain before school and after school programs
13 for students in kindergarten through the 6th grade. Such
14 programs may include time for homework, physical exercise,
15 afternoon nutritional snacks and educational offerings which
16 are in addition to those offered during the regular school
17 day. The chief administrator in each district shall be a
18 certified teacher or a person who meets the requirements for
19 supervising an early care and education a day care center
20 under the Child Care Act of 1969. Individual programs shall be
21 coordinated by certified teachers or by persons who meet the
22 requirements for supervising an early care and education a day
23 care center under the Child Care Act of 1969. Additional
24 employees who are not so qualified may also be employed for
25 such programs.
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1 The schedule of these programs may follow the work
2 calendar of the local community rather than the regular school
3 calendar. Parents or guardians of the participating students
4 shall be responsible for providing transportation for the
5 students to and from the programs. The school board may charge
6 parents of participating students a fee, not to exceed the
7 actual cost of such before and after school programs.
8 (Source: P.A. 83-639.)
9 (105 ILCS 5/10-22.18c) (from Ch. 122, par. 10-22.18c)
10 Sec. 10-22.18c. Model early care and education day care
11 services program. Local school districts may establish, in
12 cooperation with the State Board of Education, a model program
13 for the provision of early care and education day care
14 services in a school. The program shall be administered by the
15 local school district and shall be funded from monies
16 available from private and public sources. Student parents
17 shall not be charged a fee for the early care and education day
18 care services; school personnel also may utilize the services,
19 but shall be charged a fee. The program shall be supervised by
20 a trained child care professional who is qualified to teach
21 students parenting skills. As part of the program, the school
22 shall offer a course in child behavior in which students shall
23 receive course credits for helping to care for the children in
24 the program while learning parenting skills. The State Board
25 of Education shall evaluate the programs' effectiveness in
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1 reducing school absenteeism and dropouts among teenage parents
2 and shall report to the General Assembly concerning its
3 findings after the program has been in operation for 2 years.
4 (Source: P.A. 85-769.)
5 (105 ILCS 5/34-18.4) (from Ch. 122, par. 34-18.4)
6 Sec. 34-18.4. Before and after school programs. The Board
7 of Education may develop and maintain before school and after
8 school programs for students in kindergarten through the 6th
9 grade. Such programs may include time for homework, physical
10 exercise, afternoon nutritional snacks and educational
11 offerings which are in addition to those offered during the
12 regular school day. The chief administrator in each district
13 shall be a certified teacher or a person who meets the
14 requirements for supervising an early care and education a day
15 care center under the Child Care Act of 1969. Individual
16 programs shall be coordinated by certified teachers or by
17 persons who meet the requirements for supervising an early
18 care and education a day care center under the Child Care Act
19 of 1969. Additional employees who are not so qualified may
20 also be employed for such programs.
21 The schedule of these programs may follow the work
22 calendar of the local community rather than the regular school
23 calendar. Parents or guardians of the participating students
24 shall be responsible for providing transportation for the
25 students to and from the programs. The school board may charge
HB3595 Enrolled - 376 - LRB104 08153 BAB 18201 b
1 parents of participating students a fee, not to exceed the
2 actual cost of such before and after school programs.
3 (Source: P.A. 83-639.)
4 Section 100. The Illinois School Student Records Act is
5 amended by changing Section 2 as follows:
6 (105 ILCS 10/2) (from Ch. 122, par. 50-2)
7 (Text of Section before amendment by P.A. 104-356)
8 Sec. 2. As used in this Act:
9 (a) "Student" means any person enrolled or previously
10 enrolled in a school.
11 (b) "School" means any public preschool, day care center,
12 kindergarten, nursery, elementary or secondary educational
13 institution, vocational school, special educational facility
14 or any other elementary or secondary educational agency or
15 institution and any person, agency or institution which
16 maintains school student records from more than one school,
17 but does not include a private or non-public school.
18 (c) "State Board" means the State Board of Education.
19 (d) "School Student Record" means any writing or other
20 recorded information concerning a student and by which a
21 student may be individually identified, maintained by a school
22 or at its direction or by an employee of a school, regardless
23 of how or where the information is stored. The following shall
24 not be deemed school student records under this Act: writings
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1 or other recorded information maintained by an employee of a
2 school or other person at the direction of a school for his or
3 her exclusive use; provided that all such writings and other
4 recorded information are destroyed not later than the
5 student's graduation or permanent withdrawal from the school;
6 and provided further that no such records or recorded
7 information may be released or disclosed to any person except
8 a person designated by the school as a substitute unless they
9 are first incorporated in a school student record and made
10 subject to all of the provisions of this Act. School student
11 records shall not include information maintained by law
12 enforcement professionals working in the school.
13 (e) "Student Permanent Record" means the minimum personal
14 information necessary to a school in the education of the
15 student and contained in a school student record. Such
16 information may include the student's name, birth date,
17 address, grades and grade level, parents' names and addresses,
18 attendance records, and such other entries as the State Board
19 may require or authorize.
20 (f) "Student Temporary Record" means all information
21 contained in a school student record but not contained in the
22 student permanent record. Such information may include family
23 background information, intelligence test scores, aptitude
24 test scores, psychological and personality test results,
25 teacher evaluations, and other information of clear relevance
26 to the education of the student, all subject to regulations of
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1 the State Board. The information shall include all of the
2 following:
3 (1) Information provided under Section 8.6 of the
4 Abused and Neglected Child Reporting Act and information
5 contained in service logs maintained by a local education
6 agency under subsection (d) of Section 14-8.02f of the
7 School Code.
8 (2) Information regarding serious disciplinary
9 infractions that resulted in expulsion, suspension, or the
10 imposition of punishment or sanction. For purposes of this
11 provision, serious disciplinary infractions means:
12 infractions involving drugs, weapons, or bodily harm to
13 another.
14 (3) Information concerning a student's status and
15 related experiences as a parent, expectant parent, or
16 victim of domestic or sexual violence, as defined in
17 Article 26A of the School Code, including a statement of
18 the student or any other documentation, record, or
19 corroborating evidence and the fact that the student has
20 requested or obtained assistance, support, or services
21 related to that status. Enforcement of this paragraph (3)
22 shall follow the procedures provided in Section 26A-40 of
23 the School Code.
24 (g) "Parent" means a person who is the natural parent of
25 the student or other person who has the primary responsibility
26 for the care and upbringing of the student. All rights and
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1 privileges accorded to a parent under this Act shall become
2 exclusively those of the student upon his 18th birthday,
3 graduation from secondary school, marriage or entry into
4 military service, whichever occurs first. Such rights and
5 privileges may also be exercised by the student at any time
6 with respect to the student's permanent school record.
7 (h) "Department" means the Department of Children and
8 Family Services.
9 (Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
10 102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff.
11 5-13-22.)
12 (Text of Section after amendment by P.A. 104-356)
13 Sec. 2. As used in this Act:
14 (a) "Student" means any person enrolled or previously
15 enrolled in a school.
16 (b) "School" means any public preschool, early care and
17 education day care center, kindergarten, nursery, elementary
18 or secondary educational institution, vocational school,
19 special educational facility or any other elementary or
20 secondary educational agency or institution and any person,
21 agency or institution which maintains school student records
22 from more than one school, but does not include a private or
23 non-public school.
24 (c) "State Board" means the State Board of Education.
25 (d) "School Student Record" means any writing or other
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1 recorded information concerning a student and by which a
2 student may be individually identified, maintained by a school
3 or at its direction or by an employee of a school, regardless
4 of how or where the information is stored. The following shall
5 not be deemed school student records under this Act: writings
6 or other recorded information maintained by an employee of a
7 school or other person at the direction of a school for his or
8 her exclusive use; provided that all such writings and other
9 recorded information are destroyed not later than the
10 student's graduation or permanent withdrawal from the school;
11 and provided further that no such records or recorded
12 information may be released or disclosed to any person except
13 a person designated by the school as a substitute unless they
14 are first incorporated in a school student record and made
15 subject to all of the provisions of this Act. School student
16 records shall not include information maintained by law
17 enforcement professionals working in the school.
18 (e) "Student Permanent Record" means the minimum personal
19 information necessary to a school in the education of the
20 student and contained in a school student record. Such
21 information may include the student's name, birth date,
22 address, grades and grade level; parents' or guardians' names
23 and addresses, attendance records; a summary of performance
24 for students that received special education services; and
25 such other entries as the State Board may require or
26 authorize. A summary of performance shall be substantially
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1 similar to the summary of performance form developed by the
2 State Board. Any summary of performance maintained as part of
3 a Student Permanent Record shall be kept confidential and not
4 be disclosed except as authorized by paragraph (1) or (14) of
5 subsection (a) of Section 6. A summary of performance may be
6 excluded from a Student Permanent Record if, after being
7 notified in writing that (i) school districts do not keep
8 special education records beyond 5 years and (ii) if a summary
9 of performance record is not kept in a student's permanent
10 file, the student may not have the documentation necessary to
11 qualify for State or federal benefits in the future, the
12 student and parents or guardians consent in writing to the
13 exclusion of a summary of performance.
14 (f) "Student Temporary Record" means all information
15 contained in a school student record but not contained in the
16 student permanent record. Such information may include family
17 background information, intelligence test scores, aptitude
18 test scores, psychological and personality test results,
19 teacher evaluations, and other information of clear relevance
20 to the education of the student, all subject to regulations of
21 the State Board. The information shall include all of the
22 following:
23 (1) Information provided under Section 8.6 of the
24 Abused and Neglected Child Reporting Act and information
25 contained in service logs maintained by a local education
26 agency under subsection (d) of Section 14-8.02f of the
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1 School Code.
2 (2) Information regarding serious disciplinary
3 infractions that resulted in expulsion, suspension, or the
4 imposition of punishment or sanction. For purposes of this
5 provision, serious disciplinary infractions means:
6 infractions involving drugs, weapons, or bodily harm to
7 another.
8 (3) Information concerning a student's status and
9 related experiences as a parent, expectant parent, or
10 victim of domestic or sexual violence, as defined in
11 Article 26A of the School Code, including a statement of
12 the student or any other documentation, record, or
13 corroborating evidence and the fact that the student has
14 requested or obtained assistance, support, or services
15 related to that status. Enforcement of this paragraph (3)
16 shall follow the procedures provided in Section 26A-40 of
17 the School Code.
18 (g) "Parent" means a person who is the natural parent of
19 the student or other person who has the primary responsibility
20 for the care and upbringing of the student. All rights and
21 privileges accorded to a parent under this Act shall become
22 exclusively those of the student upon his 18th birthday,
23 graduation from secondary school, marriage or entry into
24 military service, whichever occurs first. Such rights and
25 privileges may also be exercised by the student at any time
26 with respect to the student's permanent school record.
HB3595 Enrolled - 383 - LRB104 08153 BAB 18201 b
1 (h) "Department" means the Department of Children and
2 Family Services.
3 (Source: P.A. 104-356, eff. 7-1-26.)
4 Section 105. The University of Illinois Act is amended by
5 changing Section 1d as follows:
6 (110 ILCS 305/1d) (from Ch. 144, par. 22d)
7 Sec. 1d. Early care and education Child care services.
8 (a) For the purposes of this Section, "early care and
9 education child care services" means early care and education
10 day care home or center services as defined by the Child Care
11 Act of 1969.
12 (b) The Board may contract for the provision of early care
13 and education child care services for its employees. The Board
14 may, in accordance with established rules, allow early care
15 and education day care centers to operate in State-owned or
16 leased facilities. Such early care and education day care
17 centers shall be primarily for use by State employees of the
18 university but use by non-employees may be allowed.
19 Where the Board enters into a contract to construct,
20 acquire or lease all or a substantial portion of a building, in
21 which more than 50 persons shall be employed, other than a
22 renewal of an existing lease, after July 1, 1992, and where a
23 need has been demonstrated, according to subsection (c),
24 on-site early care and education child care services shall be
HB3595 Enrolled - 384 - LRB104 08153 BAB 18201 b
1 provided for employees of the university.
2 The Board shall implement this Section and shall adopt
3 promulgate all rules and regulations necessary for this
4 purpose. By April 1, 1993, the Board shall propose rules
5 setting forth the standards and criteria, including need and
6 feasibility, for determining if on-site child care services
7 shall be provided. The Board shall consult with the Department
8 of Children and Family Services in defining standards for
9 child care service centers established pursuant to this
10 Section to ensure compliance with the Child Care Act of 1969.
11 The Board shall establish a schedule of fees that shall be
12 charged for child care services under this Section. The
13 schedule shall be established so that charges for service are
14 based on the actual cost of care. Except as otherwise provided
15 by law for employees who may qualify for public assistance or
16 social services due to indigency or family circumstance, each
17 employee obtaining child care services under this Section
18 shall be responsible for full payment of all charges. The
19 Board shall report, on or before December 31, 1993, to the
20 Governor and the members of the General Assembly, on the
21 feasibility and implementation of a plan for the provision of
22 comprehensive child care services.
23 (c) Prior to contracting for early care and education
24 child care services, the Board shall determine a need for
25 early care and education child care services. Proof of need
26 may include a survey of university employees as well as a
HB3595 Enrolled - 385 - LRB104 08153 BAB 18201 b
1 determination of the availability of early care and education
2 child care services through other State agencies, or in the
3 community. The Board may also require submission of a
4 feasibility, design and implementation plan, that takes into
5 consideration similar needs and services of other State
6 universities.
7 The Board shall have the sole responsibility for choosing
8 the successful bidder and overseeing the operation of its
9 early care and education child care service program within the
10 guidelines established by the Board. The Board shall adopt
11 promulgate rules under the Illinois Administrative Procedure
12 Act that detail the specific standards to be used in the
13 selection of a vendor of early care and education child care
14 services.
15 The contract shall provide for the establishment of or
16 arrangement for the use of a licensed early care and education
17 day care center or a licensed early care and education day care
18 agency, as defined in the Child Care Act of 1969.
19 (Source: P.A. 87-1019; 88-45.)
20 Section 110. The Southern Illinois University Management
21 Act is amended by changing Section 8b.1 as follows:
22 (110 ILCS 520/8b.1) (from Ch. 144, par. 658b.1)
23 Sec. 8b.1. Early care and education Child care services.
24 (a) For the purposes of this Section, "early care and
HB3595 Enrolled - 386 - LRB104 08153 BAB 18201 b
1 education child care services" means early care and education
2 day care home or center services as defined by the Child Care
3 Act of 1969.
4 (b) The Board may contract for the provision of early care
5 and education child care services for its employees. The Board
6 may, in accordance with established rules, allow early care
7 and education day care centers to operate in State-owned or
8 leased facilities. Such early care and education day care
9 centers shall be primarily for use by State employees of the
10 university but use by non-employees may be allowed.
11 Where the Board enters into a contract to construct,
12 acquire or lease all or a substantial portion of a building, in
13 which more than 50 persons shall be employed, other than a
14 renewal of an existing lease, after July 1, 1992, and where a
15 need has been demonstrated, according to subsection (c),
16 on-site early care and education child care services shall be
17 provided for employees of the university.
18 The Board shall implement this Section and shall adopt
19 promulgate all rules and regulations necessary for this
20 purpose. By April 1, 1993, the Board shall propose rules
21 setting forth the standards and criteria, including need and
22 feasibility, for determining if on-site child care services
23 shall be provided. The Board shall consult with the Department
24 of Children and Family Services in defining standards for
25 child care service centers established pursuant to this
26 Section to ensure compliance with the Child Care Act of 1969.
HB3595 Enrolled - 387 - LRB104 08153 BAB 18201 b
1 The Board shall establish a schedule of fees that shall be
2 charged for child care services under this Section. The
3 schedule shall be established so that charges for service are
4 based on the actual cost of care. Except as otherwise provided
5 by law for employees who may qualify for public assistance or
6 social services due to indigency or family circumstance, each
7 employee obtaining child care services under this Section
8 shall be responsible for full payment of all charges. The
9 Board shall report, on or before December 31, 1993, to the
10 Governor and the members of the General Assembly, on the
11 feasibility and implementation of a plan for the provision of
12 comprehensive child care services.
13 (c) Prior to contracting for early care and education
14 child care services, the Board shall determine a need for
15 early care and education child care services. Proof of need
16 may include a survey of university employees as well as a
17 determination of the availability of early care and education
18 child care services through other State agencies, or in the
19 community. The Board may also require submission of a
20 feasibility, design and implementation plan, that takes into
21 consideration similar needs and services of other State
22 universities.
23 The Board shall have the sole responsibility for choosing
24 the successful bidder and overseeing the operation of its
25 early care and education child care service program within the
26 guidelines established by the Board. The Board shall adopt
HB3595 Enrolled - 388 - LRB104 08153 BAB 18201 b
1 promulgate rules under the Illinois Administrative Procedure
2 Act that detail the specific standards to be used in the
3 selection of a vendor of early care and education child care
4 services.
5 The contract shall provide for the establishment of or
6 arrangement for the use of a licensed early care and education
7 day care center or a licensed early care and education day care
8 agency, as defined in the Child Care Act of 1969.
9 (Source: P.A. 87-1019; 88-45.)
10 Section 115. The Chicago State University Law is amended
11 by changing Section 5-95 as follows:
12 (110 ILCS 660/5-95)
13 Sec. 5-95. Early care and education Child care services.
14 (a) For the purposes of this Section, "early care and
15 education child care services" means early care and education
16 day care home or center services as defined by the Child Care
17 Act of 1969.
18 (b) The Board may contract for the provision of early care
19 and education child care services for its employees. The Board
20 may, in accordance with established rules, allow early care
21 and education day care centers to operate in State-owned or
22 leased facilities. Such early care and education day care
23 centers shall be primarily for use by State employees of
24 Chicago State University but use by non-employees may be
HB3595 Enrolled - 389 - LRB104 08153 BAB 18201 b
1 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, and where a need has been
6 demonstrated, according to subsection (c), on-site early care
7 and education child care services shall be provided for
8 employees of Chicago State University.
9 The Board shall implement this Section and shall adopt
10 promulgate all rules and regulations necessary for this
11 purpose. By September 1, 1996, the Board shall propose rules
12 setting forth the standards and criteria, including need and
13 feasibility, for determining if September 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, 1996, to the
HB3595 Enrolled - 390 - LRB104 08153 BAB 18201 b
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 early care and education
5 child care services, the Board shall determine a need for
6 early care and education child care services. Proof of need
7 may include a survey of University employees as well as a
8 determination of the availability of early care and education
9 child care services through other State agencies, or in the
10 community. The Board may also require submission of a
11 feasibility, design and implementation plan that takes into
12 consideration similar needs and services of other State
13 universities.
14 The Board shall have the sole responsibility for choosing
15 the successful bidder and overseeing the operation of its
16 early care and education child care service program within the
17 guidelines established by the Board. The Board shall adopt
18 promulgate rules under the Illinois Administrative Procedure
19 Act that detail the specific standards to be used in the
20 selection of a vendor of early care and education child care
21 services.
22 The contract shall provide for the establishment of or
23 arrangement for the use of a licensed early care and education
24 day care center or a licensed early care and education day care
25 agency, as defined in the Child Care Act of 1969.
26 (Source: P.A. 89-4, eff. 1-1-96.)
HB3595 Enrolled - 391 - LRB104 08153 BAB 18201 b
1 Section 120. The Eastern Illinois University Law is
2 amended by changing Section 10-95 as follows:
3 (110 ILCS 665/10-95)
4 Sec. 10-95. Early care and education Child care services.
5 (a) For the purposes of this Section, "early care and
6 education child care services" means early care and education
7 day care home or center services as defined by the Child Care
8 Act of 1969.
9 (b) The Board may contract for the provision of early care
10 and education child care services for its employees. The Board
11 may, in accordance with established rules, allow early care
12 and education day care centers to operate in State-owned or
13 leased facilities. Such early care and education day care
14 centers shall be primarily for use by State employees of
15 Eastern Illinois University but use by non-employees may be
16 allowed.
17 Where the Board enters into a contract to construct,
18 acquire or lease all or a substantial portion of a building, in
19 which more than 50 persons shall be employed, other than a
20 renewal of an existing lease, and where a need has been
21 demonstrated, according to subsection (c), on-site early care
22 and education child care services shall be provided for
23 employees of Eastern Illinois University.
24 The Board shall implement this Section and shall adopt
HB3595 Enrolled - 392 - LRB104 08153 BAB 18201 b
1 promulgate all rules and regulations necessary for this
2 purpose. By September 1, 1996 the Board shall propose rules
3 setting forth the standards and criteria, including need and
4 feasibility, for determining if September child care services
5 shall be provided. The Board shall consult with the Department
6 of Children and Family Services in defining standards for
7 child care service centers established pursuant to this
8 Section to ensure compliance with the Child Care Act of 1969.
9 The Board shall establish a schedule of fees that shall be
10 charged for child care services under this Section. The
11 schedule shall be established so that charges for service are
12 based on the actual cost of care. Except as otherwise provided
13 by law for employees who may qualify for public assistance or
14 social services due to indigency or family circumstance, each
15 employee obtaining child care services under this Section
16 shall be responsible for full payment of all charges. The
17 Board shall report, on or before December 31, 1996, to the
18 Governor and the members of the General Assembly, on the
19 feasibility and implementation of a plan for the provision of
20 comprehensive child care services.
21 (c) Prior to contracting for early care and education
22 child care services, the Board shall determine a need for
23 early care and education child care services. Proof of need
24 may include a survey of University employees as well as a
25 determination of the availability of early care and education
26 child care services through other State agencies, or in the
HB3595 Enrolled - 393 - LRB104 08153 BAB 18201 b
1 community. The Board may also require submission of a
2 feasibility, design and implementation plan that takes into
3 consideration similar needs and services of other State
4 universities.
5 The Board shall have the sole responsibility for choosing
6 the successful bidder and overseeing the operation of its
7 early care and education child care service program within the
8 guidelines established by the Board. The Board shall adopt
9 promulgate rules under the Illinois Administrative Procedure
10 Act that detail the specific standards to be used in the
11 selection of a vendor of early care and education child care
12 services.
13 The contract shall provide for the establishment of or
14 arrangement for the use of a licensed early care and education
15 day care center or a licensed early care and education day care
16 agency, as defined in the Child Care Act of 1969.
17 (Source: P.A. 89-4, eff. 1-1-96.)
18 Section 125. The Governors State University Law is amended
19 by changing Section 15-95 as follows:
20 (110 ILCS 670/15-95)
21 Sec. 15-95. Early care and education Child care services.
22 (a) For the purposes of this Section, "early care and
23 education child care services" means early care and education
24 day care home or center services as defined by the Child Care
HB3595 Enrolled - 394 - LRB104 08153 BAB 18201 b
1 Act of 1969.
2 (b) The Board may contract for the provision of early care
3 and education child care services for its employees. The Board
4 may, in accordance with established rules, allow early care
5 and education day care centers to operate in State-owned or
6 leased facilities. Such early care and education day care
7 centers shall be primarily for use by State employees of
8 Governors State University but use by non-employees may be
9 allowed.
10 Where the Board enters into a contract to construct,
11 acquire or lease all or a substantial portion of a building, in
12 which more than 50 persons shall be employed, other than a
13 renewal of an existing lease, and where a need has been
14 demonstrated, according to subsection (c), on-site early care
15 and education child care services shall be provided for
16 employees of Governors State University.
17 The Board shall implement this Section and shall adopt
18 promulgate all rules and regulations necessary for this
19 purpose. By September 1, 1996, the Board shall propose rules
20 setting forth the standards and criteria, including need and
21 feasibility, for determining if September child care services
22 shall be provided. The Board shall consult with the Department
23 of Children and Family Services in defining standards for
24 child care service centers established pursuant to this
25 Section to ensure compliance with the Child Care Act of 1969.
26 The Board shall establish a schedule of fees that shall be
HB3595 Enrolled - 395 - LRB104 08153 BAB 18201 b
1 charged for child care services under this Section. The
2 schedule shall be established so that charges for service are
3 based on the actual cost of care. Except as otherwise provided
4 by law for employees who may qualify for public assistance or
5 social services due to indigency or family circumstance, each
6 employee obtaining child care services under this Section
7 shall be responsible for full payment of all charges. The
8 Board shall report, on or before December 31, 1996, to the
9 Governor and the members of the General Assembly, on the
10 feasibility and implementation of a plan for the provision of
11 comprehensive child care services.
12 (c) Prior to contracting for early care and education
13 child care services, the Board shall determine a need for
14 early care and education child care services. Proof of need
15 may include a survey of University employees as well as a
16 determination of the availability of early care and education
17 child care services through other State agencies, or in the
18 community. The Board may also require submission of a
19 feasibility, design and implementation plan that takes into
20 consideration similar needs and services of other State
21 universities.
22 The Board shall have the sole responsibility for choosing
23 the successful bidder and overseeing the operation of its
24 early care and education child care service program within the
25 guidelines established by the Board. The Board shall adopt
26 promulgate rules under the Illinois Administrative Procedure
HB3595 Enrolled - 396 - LRB104 08153 BAB 18201 b
1 Act that detail the specific standards to be used in the
2 selection of a vendor of early care and education child care
3 services.
4 The contract shall provide for the establishment of or
5 arrangement for the use of a licensed early care and education
6 day care center or a licensed early care and education day care
7 agency, as defined in the Child Care Act of 1969.
8 (Source: P.A. 89-4, eff. 1-1-96.)
9 Section 130. The Illinois State University Law is amended
10 by changing Section 20-95 as follows:
11 (110 ILCS 675/20-95)
12 Sec. 20-95. Early care and education Child care services.
13 (a) For the purposes of this Section, "early care and
14 education child care services" means early care and education
15 day care home or center services as defined by the Child Care
16 Act of 1969.
17 (b) The Board may contract for the provision of early care
18 and education child care services for its employees. The Board
19 may, in accordance with established rules, allow early care
20 and education day care centers to operate in State-owned or
21 leased facilities. Such early care and education day care
22 centers shall be primarily for use by State employees of
23 Illinois State University but use by non-employees may be
24 allowed.
HB3595 Enrolled - 397 - LRB104 08153 BAB 18201 b
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 early care
6 and education child care services shall be provided for
7 employees of Illinois State University.
8 The Board shall implement this Section and shall adopt
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
HB3595 Enrolled - 398 - LRB104 08153 BAB 18201 b
1 feasibility and implementation of a plan for the provision of
2 comprehensive child care services.
3 (c) Prior to contracting for early care and education
4 child care services, the Board shall determine a need for
5 early care and education child care services. Proof of need
6 may include a survey of University employees as well as a
7 determination of the availability of early care and education
8 child care services through other State agencies, or in the
9 community. The Board may also require submission of a
10 feasibility, design and implementation plan that takes into
11 consideration similar needs and services of other State
12 universities.
13 The Board shall have the sole responsibility for choosing
14 the successful bidder and overseeing the operation of its
15 early care and education child care service program within the
16 guidelines established by the Board. The Board shall adopt
17 promulgate rules under the Illinois Administrative Procedure
18 Act that detail the specific standards to be used in the
19 selection of a vendor of early care and education child care
20 services.
21 The contract shall provide for the establishment of or
22 arrangement for the use of a licensed early care and education
23 day care center or a licensed early care and education day care
24 agency, as defined in the Child Care Act of 1969.
25 (Source: P.A. 89-4, eff. 1-1-96.)
HB3595 Enrolled - 399 - LRB104 08153 BAB 18201 b
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. Early care and education Child care services.
5 (a) For the purposes of this Section, "early care and
6 education child care services" means early care and education
7 day care home or center services as defined by the Child Care
8 Act of 1969.
9 (b) The Board may contract for the provision of early care
10 and education child care services for its employees. The Board
11 may, in accordance with established rules, allow early care
12 and education day care centers to operate in State-owned or
13 leased facilities. Such early care and education day care
14 centers shall be primarily for use by State employees of
15 Northeastern Illinois University but use by non-employees may
16 be allowed.
17 Where the Board enters into a contract to construct,
18 acquire or lease all or a substantial portion of a building, in
19 which more than 50 persons shall be employed, other than a
20 renewal of an existing lease, and where a need has been
21 demonstrated, according to subsection (c), on-site early care
22 and education child care services shall be provided for
23 employees of Northeastern Illinois University.
24 The Board shall implement this Section and shall adopt
25 promulgate all rules and regulations necessary for this
HB3595 Enrolled - 400 - LRB104 08153 BAB 18201 b
1 purpose. By September 1, 1996, the Board shall propose rules
2 setting forth the standards and criteria, including need and
3 feasibility, for determining if September child care services
4 shall be provided. The Board shall consult with the Department
5 of Children and Family Services in defining standards for
6 child care service centers established pursuant to this
7 Section to ensure compliance with the Child Care Act of 1969.
8 The Board shall establish a schedule of fees that shall be
9 charged for child care services under this Section. The
10 schedule shall be established so that charges for service are
11 based on the actual cost of care. Except as otherwise provided
12 by law for employees who may qualify for public assistance or
13 social services due to indigency or family circumstance, each
14 employee obtaining child care services under this Section
15 shall be responsible for full payment of all charges. The
16 Board shall report, on or before December 31, 1996, to the
17 Governor and the members of the General Assembly, on the
18 feasibility and implementation of a plan for the provision of
19 comprehensive child care services.
20 (c) Prior to contracting for early care and education
21 child care services, the Board shall determine a need for
22 early care and education child care services. Proof of need
23 may include a survey of University employees as well as a
24 determination of the availability of early care and education
25 child care services through other State agencies, or in the
26 community. The Board may also require submission of a
HB3595 Enrolled - 401 - LRB104 08153 BAB 18201 b
1 feasibility, design and implementation plan that takes into
2 consideration similar needs and services of other State
3 universities.
4 The Board shall have the sole responsibility for choosing
5 the successful bidder and overseeing the operation of its
6 early care and education child care service program within the
7 guidelines established by the Board. The Board shall adopt
8 promulgate rules under the Illinois Administrative Procedure
9 Act that detail the specific standards to be used in the
10 selection of a vendor of early care and education child care
11 services.
12 The contract shall provide for the establishment of or
13 arrangement for the use of a licensed early care and education
14 day care center or a licensed early care and education day care
15 agency, as defined in the Child Care Act of 1969.
16 (Source: P.A. 89-4, eff. 1-1-96.)
17 Section 140. The Northern Illinois University Law is
18 amended by changing Section 30-95 as follows:
19 (110 ILCS 685/30-95)
20 Sec. 30-95. Early care and education Child care services.
21 (a) For the purposes of this Section, "early care and
22 education child care services" means early care and education
23 day care home or center services as defined by the Child Care
24 Act of 1969.
HB3595 Enrolled - 402 - LRB104 08153 BAB 18201 b
1 (b) The Board may contract for the provision of early care
2 and education child care services for its employees. The Board
3 may, in accordance with established rules, allow early care
4 and education day care centers to operate in State-owned or
5 leased facilities. Such early care and education day care
6 centers shall be primarily for use by State employees of
7 Northern Illinois University but use by non-employees may be
8 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 early care
14 and education child care services shall be provided for
15 employees of Northern Illinois University.
16 The Board shall implement this Section and shall adopt
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
HB3595 Enrolled - 403 - LRB104 08153 BAB 18201 b
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 early care and education
12 child care services, the Board shall determine a need for
13 early care and education child care services. Proof of need
14 may include a survey of University employees as well as a
15 determination of the availability of early care and education
16 child care services through other State agencies, or in the
17 community. The Board may also require submission of a
18 feasibility, design and implementation plan that takes into
19 consideration similar needs and services of other State
20 universities.
21 The Board shall have the sole responsibility for choosing
22 the successful bidder and overseeing the operation of its
23 early care and education child care service program within the
24 guidelines established by the Board. The Board shall adopt
25 promulgate rules under the Illinois Administrative Procedure
26 Act that detail the specific standards to be used in the
HB3595 Enrolled - 404 - LRB104 08153 BAB 18201 b
1 selection of a vendor of early care and education child care
2 services.
3 The contract shall provide for the establishment of or
4 arrangement for the use of a licensed early care and education
5 day care center or a licensed early care and education day care
6 agency, as defined in the Child Care Act of 1969.
7 (Source: P.A. 89-4, eff. 1-1-96.)
8 Section 145. The Western Illinois University Law is
9 amended by changing Section 35-95 as follows:
10 (110 ILCS 690/35-95)
11 Sec. 35-95. Early care and education Child care services.
12 (a) For the purposes of this Section, "early care and
13 education child care services" means early care and education
14 day care home or center services as defined by the Child Care
15 Act of 1969.
16 (b) The Board may contract for the provision of early care
17 and education child care services for its employees. The Board
18 may, in accordance with established rules, allow early care
19 and education day care centers to operate in State-owned or
20 leased facilities. Such early care and education day care
21 centers shall be primarily for use by State employees of
22 Western Illinois University but use by non-employees may be
23 allowed.
24 Where the Board enters into a contract to construct,
HB3595 Enrolled - 405 - LRB104 08153 BAB 18201 b
1 acquire or lease all or a substantial portion of a building, in
2 which more than 50 persons shall be employed, other than a
3 renewal of an existing lease, and where a need has been
4 demonstrated, according to subsection (c), on-site early care
5 and education child care services shall be provided for
6 employees of Western Illinois University.
7 The Board shall implement this Section and shall adopt
8 promulgate all rules and regulations necessary for this
9 purpose. By September 1, 1996, the Board shall propose rules
10 setting forth the standards and criteria, including need and
11 feasibility, for determining if September child care services
12 shall be provided. The Board shall consult with the Department
13 of Children and Family Services in defining standards for
14 child care service centers established pursuant to this
15 Section to ensure compliance with the Child Care Act of 1969.
16 The Board shall establish a schedule of fees that shall be
17 charged for child care services under this Section. The
18 schedule shall be established so that charges for service are
19 based on the actual cost of care. Except as otherwise provided
20 by law for employees who may qualify for public assistance or
21 social services due to indigency or family circumstance, each
22 employee obtaining child care services under this Section
23 shall be responsible for full payment of all charges. The
24 Board shall report, on or before December 31, 1996, to the
25 Governor and the members of the General Assembly, on the
26 feasibility and implementation of a plan for the provision of
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1 comprehensive child care services.
2 (c) Prior to contracting for early care and education
3 child care services, the Board shall determine a need for
4 early care and education child care services. Proof of need
5 may include a survey of University employees as well as a
6 determination of the availability of early care and education
7 child care services through other State agencies, or in the
8 community. The Board may also require submission of a
9 feasibility, design and implementation plan that takes into
10 consideration similar needs and services of other State
11 universities.
12 The Board shall have the sole responsibility for choosing
13 the successful bidder and overseeing the operation of its
14 early care and education child care service program within the
15 guidelines established by the Board. The Board shall adopt
16 promulgate rules under the Illinois Administrative Procedure
17 Act that detail the specific standards to be used in the
18 selection of a vendor of early care and education child care
19 services.
20 The contract shall provide for the establishment of or
21 arrangement for the use of a licensed early care and education
22 day care center or a licensed early care and education day care
23 agency, as defined in the Child Care Act of 1969.
24 (Source: P.A. 89-4, eff. 1-1-96.)
25 Section 150. The Alternative Health Care Delivery Act is
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1 amended by changing Section 35 as follows:
2 (210 ILCS 3/35)
3 Sec. 35. Alternative health care models authorized.
4 Notwithstanding any other law to the contrary, alternative
5 health care models described in this Section may be
6 established on a demonstration basis.
7 (1) (Blank).
8 (2) Alternative health care delivery model;
9 postsurgical recovery care center. A postsurgical recovery
10 care center is a designated site which provides
11 postsurgical recovery care for generally healthy patients
12 undergoing surgical procedures that potentially require
13 overnight nursing care, pain control, or observation that
14 would otherwise be provided in an inpatient setting.
15 Patients may be discharged from the postsurgical recovery
16 care center in less than 24 hours if the attending
17 physician or the facility's medical director believes the
18 patient has recovered enough to be discharged. A
19 postsurgical recovery care center is either freestanding
20 or a defined unit of an ambulatory surgical treatment
21 center or hospital. No facility, or portion of a facility,
22 may participate in a demonstration program as a
23 postsurgical recovery care center unless the facility has
24 been licensed as an ambulatory surgical treatment center
25 or hospital for at least 2 years before August 20, 1993
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1 (the effective date of Public Act 88-441). The maximum
2 length of stay for patients in a postsurgical recovery
3 care center is not to exceed 48 hours unless the treating
4 physician requests an extension of time from the recovery
5 center's medical director on the basis of medical or
6 clinical documentation that an additional care period is
7 required for the recovery of a patient and the medical
8 director approves the extension of time. In no case,
9 however, shall a patient's length of stay in a
10 postsurgical recovery care center be longer than 72 hours.
11 If a patient requires an additional care period after the
12 expiration of the 72-hour limit, the patient shall be
13 transferred to an appropriate facility. Reports on
14 variances from the 24-hour or 48-hour limit shall be sent
15 to the Department for its evaluation. The reports shall,
16 before submission to the Department, have removed from
17 them all patient and physician identifiers. Blood products
18 may be administered in the postsurgical recovery care
19 center model. In order to handle cases of complications,
20 emergencies, or exigent circumstances, every postsurgical
21 recovery care center as defined in this paragraph shall
22 maintain a contractual relationship, including a transfer
23 agreement, with a general acute care hospital. A
24 postsurgical recovery care center shall be no larger than
25 20 beds. A postsurgical recovery care center shall be
26 located within 15 minutes travel time from the general
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1 acute care hospital with which the center maintains a
2 contractual relationship, including a transfer agreement,
3 as required under this paragraph.
4 No postsurgical recovery care center shall
5 discriminate against any patient requiring treatment
6 because of the source of payment for services, including
7 Medicare and Medicaid recipients.
8 The Department shall adopt rules to implement the
9 provisions of Public Act 88-441 concerning postsurgical
10 recovery care centers within 9 months after August 20,
11 1993. Notwithstanding any other law to the contrary, a
12 postsurgical recovery care center model may provide sleep
13 laboratory or similar sleep studies in accordance with
14 applicable State and federal laws and regulations.
15 (3) Alternative health care delivery model; children's
16 community-based health care center. A children's
17 community-based health care center model is a designated
18 site that provides nursing care, clinical support
19 services, and therapies for a period of one to 14 days for
20 short-term stays and 120 days to facilitate transitions to
21 home or other appropriate settings for medically fragile
22 children, technology dependent children, and children with
23 special health care needs who are deemed clinically stable
24 by a physician and are younger than 22 years of age. This
25 care is to be provided in a home-like environment that
26 serves no more than 12 children at a time, except that a
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1 children's community-based health care center in existence
2 on the effective date of this amendatory Act of the 100th
3 General Assembly that is located in Chicago on grade level
4 for Life Safety Code purposes may provide care to no more
5 than 16 children at a time. Children's community-based
6 health care center services must be available through the
7 model to all families, including those whose care is paid
8 for through the Department of Healthcare and Family
9 Services, the Department of Children and Family Services,
10 the Department of Human Services, and insurance companies
11 who cover home health care services or private duty
12 nursing care in the home.
13 Each children's community-based health care center
14 model location shall be physically separate and apart from
15 any other facility licensed by the Department of Public
16 Health under this or any other Act and shall provide the
17 following services: respite care, registered nursing or
18 licensed practical nursing care, transitional care to
19 facilitate home placement or other appropriate settings
20 and reunite families, medical child day care, weekend
21 camps, and diagnostic studies typically done in the home
22 setting.
23 A children's community-based health care center may
24 provide initial training, prior to home placement for, and
25 shall keep records in a manner designated by the
26 Department regarding, the certified family health aide, as
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1 defined in the Certified Family Health Aide Program for
2 Children and Adults Act, identified as the legally
3 responsible caregiver or designated by a legally
4 responsible caregiver for the medical care of an
5 individual who receives or is eligible to receive:
6 (i) in-home shift nursing services under the Early
7 and Periodic Screening, Diagnostic and Treatment
8 requirement of Medicaid under 42 U.S.C. 1396d(r); or
9 (ii) in-home shift nursing through the home and
10 community-based services waiver program authorized
11 under Section 1915(c) of the Social Security Act for
12 persons who are medically fragile and technology
13 dependent.
14 Coverage for the services provided by the Department
15 of Healthcare and Family Services under this paragraph (3)
16 is contingent upon federal waiver approval and is provided
17 only to Medicaid eligible clients participating in the
18 home and community based services waiver designated in
19 Section 1915(c) of the Social Security Act for medically
20 frail and technologically dependent children or children
21 in Department of Children and Family Services foster care
22 who receive home health benefits.
23 (4) Alternative health care delivery model; community
24 based residential rehabilitation center. A community-based
25 residential rehabilitation center model is a designated
26 site that provides rehabilitation or support, or both, for
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1 persons who have experienced severe brain injury, who are
2 medically stable, and who no longer require acute
3 rehabilitative care or intense medical or nursing
4 services. The average length of stay in a community-based
5 residential rehabilitation center shall not exceed 4
6 months. As an integral part of the services provided,
7 individuals are housed in a supervised living setting
8 while having immediate access to the community. The
9 residential rehabilitation center authorized by the
10 Department may have more than one residence included under
11 the license. A residence may be no larger than 12 beds and
12 shall be located as an integral part of the community. Day
13 treatment or individualized outpatient services shall be
14 provided for persons who reside in their own home.
15 Functional outcome goals shall be established for each
16 individual. Services shall include, but are not limited
17 to, case management, training and assistance with
18 activities of daily living, nursing consultation,
19 traditional therapies (physical, occupational, speech),
20 functional interventions in the residence and community
21 (job placement, shopping, banking, recreation),
22 counseling, self-management strategies, productive
23 activities, and multiple opportunities for skill
24 acquisition and practice throughout the day. The design of
25 individualized program plans shall be consistent with the
26 outcome goals that are established for each resident. The
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1 programs provided in this setting shall be accredited by
2 the Commission on Accreditation of Rehabilitation
3 Facilities (CARF). The program shall have been accredited
4 by CARF as a Brain Injury Community-Integrative Program
5 for at least 3 years.
6 (5) Alternative health care delivery model;
7 Alzheimer's disease management center. An Alzheimer's
8 disease management center model is a designated site that
9 provides a safe and secure setting for care of persons
10 diagnosed with Alzheimer's disease. An Alzheimer's disease
11 management center model shall be a facility separate from
12 any other facility licensed by the Department of Public
13 Health under this or any other Act. An Alzheimer's disease
14 management center shall conduct and document an assessment
15 of each resident every 6 months. The assessment shall
16 include an evaluation of daily functioning, cognitive
17 status, other medical conditions, and behavioral problems.
18 An Alzheimer's disease management center shall develop and
19 implement an ongoing treatment plan for each resident. The
20 treatment plan shall have defined goals. The Alzheimer's
21 disease management center shall treat behavioral problems
22 and mood disorders using nonpharmacologic approaches such
23 as environmental modification, task simplification, and
24 other appropriate activities. All staff must have
25 necessary training to care for all stages of Alzheimer's
26 Disease. An Alzheimer's disease management center shall
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1 provide education and support for residents and
2 caregivers. The education and support shall include
3 referrals to support organizations for educational
4 materials on community resources, support groups, legal
5 and financial issues, respite care, and future care needs
6 and options. The education and support shall also include
7 a discussion of the resident's need to make advance
8 directives and to identify surrogates for medical and
9 legal decision-making. The provisions of this paragraph
10 establish the minimum level of services that must be
11 provided by an Alzheimer's disease management center. An
12 Alzheimer's disease management center model shall have no
13 more than 100 residents. Nothing in this paragraph (5)
14 shall be construed as prohibiting a person or facility
15 from providing services and care to persons with
16 Alzheimer's disease as otherwise authorized under State
17 law.
18 (6) Alternative health care delivery model; birth
19 center. A birth center shall be exclusively dedicated to
20 serving the childbirth-related needs of women and their
21 newborns and shall have no more than 10 beds. A birth
22 center is a designated site that is away from the mother's
23 usual place of residence and in which births are planned
24 to occur following a normal, uncomplicated, and low-risk
25 pregnancy. A birth center shall offer prenatal care and
26 community education services and shall coordinate these
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1 services with other health care services available in the
2 community.
3 (A) A birth center shall not be separately
4 licensed if it is one of the following:
5 (1) A part of a hospital; or
6 (2) A freestanding facility that is physically
7 distinct from a hospital but is operated under a
8 license issued to a hospital under the Hospital
9 Licensing Act.
10 (B) A separate birth center license shall be
11 required if the birth center is operated as:
12 (1) A part of the operation of a federally
13 qualified health center as designated by the
14 United States Department of Health and Human
15 Services; or
16 (2) A facility other than one described in
17 subparagraph (A)(1), (A)(2), or (B)(1) of this
18 paragraph (6) whose costs are reimbursable under
19 Title XIX of the federal Social Security Act.
20 In adopting rules for birth centers, the Department
21 shall consider: the American Association of Birth Centers'
22 Standards for Freestanding Birth Centers; the American
23 Academy of Pediatrics/American College of Obstetricians
24 and Gynecologists Guidelines for Perinatal Care; and the
25 Regionalized Perinatal Health Care Code. The Department's
26 rules shall stipulate the eligibility criteria for birth
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1 center admission. The Department's rules shall stipulate
2 the necessary equipment for emergency care according to
3 the American Association of Birth Centers' standards and
4 any additional equipment deemed necessary by the
5 Department. The Department's rules shall provide for a
6 time period within which each birth center not part of a
7 hospital must become accredited by either the Commission
8 for the Accreditation of Freestanding Birth Centers or The
9 Joint Commission.
10 A birth center shall be certified to participate in
11 the Medicare and Medicaid programs under Titles XVIII and
12 XIX, respectively, of the federal Social Security Act. To
13 the extent necessary, the Illinois Department of
14 Healthcare and Family Services shall apply for a waiver
15 from the United States Health Care Financing
16 Administration to allow birth centers to be reimbursed
17 under Title XIX of the federal Social Security Act.
18 A birth center that is not operated under a hospital
19 license shall be located within a ground travel time
20 distance from the general acute care hospital with which
21 the birth center maintains a contractual relationship,
22 including a transfer agreement, as required under this
23 paragraph, that allows for an emergency caesarian delivery
24 to be started within 30 minutes of the decision a
25 caesarian delivery is necessary. A birth center operating
26 under a hospital license shall be located within a ground
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1 travel time distance from the licensed hospital that
2 allows for an emergency caesarian delivery to be started
3 within 30 minutes of the decision a caesarian delivery is
4 necessary.
5 The services of a medical director physician, licensed
6 to practice medicine in all its branches, who is certified
7 or eligible for certification by the American College of
8 Obstetricians and Gynecologists or the American Board of
9 Osteopathic Obstetricians and Gynecologists or has
10 hospital obstetrical privileges are required in birth
11 centers. The medical director in consultation with the
12 Director of Nursing and Midwifery Services shall
13 coordinate the clinical staff and overall provision of
14 patient care. The medical director or his or her physician
15 designee shall be available on the premises or within a
16 close proximity as defined by rule. The medical director
17 and the Director of Nursing and Midwifery Services shall
18 jointly develop and approve policies defining the criteria
19 to determine which pregnancies are accepted as normal,
20 uncomplicated, and low-risk, and the anesthesia services
21 available at the center. No general anesthesia may be
22 administered at the center.
23 If a birth center employs certified nurse midwives, a
24 certified nurse midwife shall be the Director of Nursing
25 and Midwifery Services who is responsible for the
26 development of policies and procedures for services as
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1 provided by Department rules.
2 An obstetrician, family practitioner, or certified
3 nurse midwife shall attend each woman in labor from the
4 time of admission through birth and throughout the
5 immediate postpartum period. Attendance may be delegated
6 only to another physician or certified nurse midwife.
7 Additionally, a second staff person shall also be present
8 at each birth who is licensed or certified in Illinois in a
9 health-related field and under the supervision of the
10 physician or certified nurse midwife in attendance, has
11 specialized training in labor and delivery techniques and
12 care of newborns, and receives planned and ongoing
13 training as needed to perform assigned duties effectively.
14 The maximum length of stay in a birth center shall be
15 consistent with existing State laws allowing a 48-hour
16 stay or appropriate post-delivery care, if discharged
17 earlier than 48 hours.
18 A birth center shall participate in the Illinois
19 Perinatal System under the Developmental Disability
20 Prevention Act. At a minimum, this participation shall
21 require a birth center to establish a letter of agreement
22 with a hospital designated under the Perinatal System. A
23 hospital that operates or has a letter of agreement with a
24 birth center shall include the birth center under its
25 maternity service plan under the Hospital Licensing Act
26 and shall include the birth center in the hospital's
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1 letter of agreement with its regional perinatal center.
2 A birth center may not discriminate against any
3 patient requiring treatment because of the source of
4 payment for services, including Medicare and Medicaid
5 recipients.
6 No general anesthesia and no surgery may be performed
7 at a birth center. The Department may by rule add birth
8 center patient eligibility criteria or standards as it
9 deems necessary. The Department shall by rule require each
10 birth center to report the information which the
11 Department shall make publicly available, which shall
12 include, but is not limited to, the following:
13 (i) Birth center ownership.
14 (ii) Sources of payment for services.
15 (iii) Utilization data involving patient length of
16 stay.
17 (iv) Admissions and discharges.
18 (v) Complications.
19 (vi) Transfers.
20 (vii) Unusual incidents.
21 (viii) Deaths.
22 (ix) Any other publicly reported data required
23 under the Illinois Consumer Guide.
24 (x) Post-discharge patient status data where
25 patients are followed for 14 days after discharge from
26 the birth center to determine whether the mother or
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1 baby developed a complication or infection.
2 Within 9 months after the effective date of this
3 amendatory Act of the 95th General Assembly, the
4 Department shall adopt rules that are developed with
5 consideration of: the American Association of Birth
6 Centers' Standards for Freestanding Birth Centers; the
7 American Academy of Pediatrics/American College of
8 Obstetricians and Gynecologists Guidelines for Perinatal
9 Care; and the Regionalized Perinatal Health Care Code.
10 The Department shall adopt other rules as necessary to
11 implement the provisions of this amendatory Act of the
12 95th General Assembly within 9 months after the effective
13 date of this amendatory Act of the 95th General Assembly.
14 (Source: P.A. 104-9, eff. 6-16-25.)
15 Section 155. The MC/DD Act is amended by changing Section
16 1-114.001 as follows:
17 (210 ILCS 46/1-114.001)
18 Sec. 1-114.001. Habilitation. "Habilitation" means an
19 effort directed toward increasing a person's level of
20 physical, mental, social, or economic functioning.
21 Habilitation may include, but is not limited to, diagnosis,
22 evaluation, medical services, residential care, child day
23 care, special living arrangements, training, education,
24 employment services, protective services, and counseling.
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1 (Source: P.A. 99-180, eff. 7-29-15.)
2 Section 160. The ID/DD Community Care Act is amended by
3 changing Section 1-114.001 as follows:
4 (210 ILCS 47/1-114.001)
5 Sec. 1-114.001. Habilitation. "Habilitation" means an
6 effort directed toward increasing a person's level of
7 physical, mental, social, or economic functioning.
8 Habilitation may include, but is not limited to, diagnosis,
9 evaluation, medical services, residential care, child day
10 care, special living arrangements, training, education,
11 employment services, protective services, and counseling.
12 (Source: P.A. 97-38, eff. 6-28-11.)
13 Section 165. The Hospital Licensing Act is amended by
14 changing Section 6.13 as follows:
15 (210 ILCS 85/6.13) (from Ch. 111 1/2, par. 147.13)
16 Sec. 6.13. Any hospital licensed under this Act may
17 provide a program or service for the temporary custodial care
18 of mildly ill children who, because of their illness, are
19 unable to attend school or to participate in their normal
20 early care and education day care program. The Department
21 shall develop minimum standards, rules and regulations to
22 govern the operation of a sick early care and education child
HB3595 Enrolled - 422 - LRB104 08153 BAB 18201 b
1 day program which is operated by a hospital and located on the
2 hospital's licensed premises. Any such standards, rules and
3 regulations shall provide that:
4 (a) a sick early care and education child day program may
5 be located anywhere on the hospital's licensed premises,
6 including patient care units, when the following conditions
7 are met:
8 (1) Children in the sick early care and education
9 child day program shall not simultaneously occupy the same
10 room as a hospital patient; and
11 (2) Children in the sick early care and education
12 child day program who are recovering from non-contagious
13 conditions shall be cared for in a room separate from
14 children registered in the program who have contagious
15 conditions.
16 (b) children registered in a sick early care and education
17 child day program are not considered to be hospital patients,
18 and are not required to be under the professional care of a
19 member of the hospital's medical staff except in those cases
20 where emergency medical treatment is needed during the time
21 the child is on the program premises; and
22 (c) medication may be administered to a child in a sick
23 early care and education child program when the following
24 conditions are met:
25 (1) Prescription medications shall be labeled with the
26 child's name, directions for administering the medication,
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1 the date, the physician's name, the prescription number,
2 and the dispensing drug store or pharmacy. Only current
3 prescription medications will be administered by the
4 program. Nothing in this paragraph (1) shall be construed
5 to prohibit program staff from administering medication
6 prescribed by any licensed professional who is permitted
7 by law to do so, whether or not the professional is a
8 member of the hospital's medical staff.
9 (2) Written parental permission shall be obtained
10 before non-prescription medication is administered. Such
11 medication shall be administered in accordance with
12 package instructions.
13 (Source: P.A. 86-1461; 87-435.)
14 Section 170. The Illinois Insurance Code is amended by
15 changing Sections 155.31, 1204, and 1630 as follows:
16 (215 ILCS 5/155.31)
17 Sec. 155.31. Early care and education homes Day care and
18 group early care and education day care homes; coverage.
19 (a) No insurer providing insurance coverage, as defined in
20 subsection (b) of Section 143.13 of this Code, shall nonrenew
21 or cancel an insurance policy on an early care and education a
22 day care home or group early care and education day care home,
23 as defined in the Child Care Act of 1969, solely on the basis
24 that the insured operates a duly licensed early care and
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1 education day care home or group early care and education day
2 care home on the insured premises.
3 (b) An insurer providing such insurance coverage to a
4 licensed early care and education day care home or licensed
5 group early care and education day care home may provide such
6 coverage with a separate policy or endorsement to a policy of
7 fire and extended coverage insurance, as defined in subsection
8 (b) of Section 143.13.
9 (c) Notwithstanding subsections (a) and (b) of this
10 Section, the insurer providing such coverage shall be allowed
11 to cancel or nonrenew an insurance policy on an early care and
12 education a day care home or group early care and education day
13 care home based upon the authority provided under Sections
14 143.21 and 143.21.1 of this Code.
15 (Source: P.A. 90-401, eff. 1-1-98; 90-655, eff. 7-30-98.)
16 (215 ILCS 5/1204) (from Ch. 73, par. 1065.904)
17 Sec. 1204. (A) The Director shall promulgate rules and
18 regulations which shall require each insurer licensed to write
19 property or casualty insurance in the State and each syndicate
20 doing business on the Illinois Insurance Exchange to record
21 and report its loss and expense experience and other data as
22 may be necessary to assess the relationship of insurance
23 premiums and related income as compared to insurance costs and
24 expenses. The Director may designate one or more rate service
25 organizations or advisory organizations to gather and compile
HB3595 Enrolled - 425 - LRB104 08153 BAB 18201 b
1 such experience and data. The Director shall require each
2 insurer licensed to write property or casualty insurance in
3 this State and each syndicate doing business on the Illinois
4 Insurance Exchange to submit a report, on a form furnished by
5 the Director, showing its direct writings in this State and
6 companywide.
7 (B) Such report required by subsection (A) of this Section
8 may include, but not be limited to, the following specific
9 types of insurance written by such insurer:
10 (1) Political subdivision liability insurance reported
11 separately in the following categories:
12 (a) municipalities;
13 (b) school districts;
14 (c) other political subdivisions;
15 (2) Public official liability insurance;
16 (3) Dram shop liability insurance;
17 (4) Early care and education Day care center liability
18 insurance;
19 (5) Labor, fraternal or religious organizations
20 liability insurance;
21 (6) Errors and omissions liability insurance;
22 (7) Officers and directors liability insurance
23 reported separately as follows:
24 (a) non-profit entities;
25 (b) for-profit entities;
26 (8) Products liability insurance;
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1 (9) Medical malpractice insurance;
2 (10) Attorney malpractice insurance;
3 (11) Architects and engineers malpractice insurance;
4 and
5 (12) Motor vehicle insurance reported separately for
6 commercial and private passenger vehicles as follows:
7 (a) motor vehicle physical damage insurance;
8 (b) motor vehicle liability insurance.
9 (C) Such report may include, but need not be limited to the
10 following data, both specific to this State and companywide,
11 in the aggregate or by type of insurance for the previous year
12 on a calendar year basis:
13 (1) Direct premiums written;
14 (2) Direct premiums earned;
15 (3) Number of policies;
16 (4) Net investment income, using appropriate estimates
17 where necessary;
18 (5) Losses paid;
19 (6) Losses incurred;
20 (7) Loss reserves:
21 (a) Losses unpaid on reported claims;
22 (b) Losses unpaid on incurred but not reported
23 claims;
24 (8) Number of claims:
25 (a) Paid claims;
26 (b) Arising claims;
HB3595 Enrolled - 427 - LRB104 08153 BAB 18201 b
1 (9) Loss adjustment expenses:
2 (a) Allocated loss adjustment expenses;
3 (b) Unallocated loss adjustment expenses;
4 (10) Net underwriting gain or loss;
5 (11) Net operation gain or loss, including net
6 investment income;
7 (12) Any other information requested by the Director.
8 (C-3) Additional information by an advisory organization
9 as defined in Section 463 of this Code.
10 (1) An advisory organization as defined in Section 463
11 of this Code shall report annually the following
12 information in such format as may be prescribed by the
13 Secretary:
14 (a) paid and incurred losses for each of the past
15 10 years;
16 (b) medical payments and medical charges, if
17 collected, for each of the past 10 years;
18 (c) the following indemnity payment information:
19 cumulative payments by accident year by calendar year
20 of development. This array will show payments made and
21 frequency of claims in the following categories:
22 medical only, permanent partial disability (PPD),
23 permanent total disability (PTD), temporary total
24 disability (TTD), and fatalities;
25 (d) injuries by frequency and severity;
26 (e) by class of employee.
HB3595 Enrolled - 428 - LRB104 08153 BAB 18201 b
1 (2) The report filed with the Secretary of Financial
2 and Professional Regulation under paragraph (1) of this
3 subsection (C-3) shall be made available, on an aggregate
4 basis, to the General Assembly and to the general public.
5 The identity of the petitioner, the respondent, the
6 attorneys, and the insurers shall not be disclosed.
7 (3) Reports required under this subsection (C-3) shall
8 be filed with the Secretary no later than September 1 in
9 2006 and no later than September 1 of each year
10 thereafter.
11 (D) In addition to the information which may be requested
12 under subsection (C), the Director may also request on a
13 companywide, aggregate basis, Federal Income Tax recoverable,
14 net realized capital gain or loss, net unrealized capital gain
15 or loss, and all other expenses not requested in subsection
16 (C) above.
17 (E) Violations - Suspensions - Revocations.
18 (1) Any company or person subject to this Article, who
19 willfully or repeatedly fails to observe or who otherwise
20 violates any of the provisions of this Article or any rule
21 or regulation promulgated by the Director under authority
22 of this Article or any final order of the Director entered
23 under the authority of this Article shall by civil penalty
24 forfeit to the State of Illinois a sum not to exceed
25 $2,000. Each day during which a violation occurs
26 constitutes a separate offense.
HB3595 Enrolled - 429 - LRB104 08153 BAB 18201 b
1 (2) No forfeiture liability under paragraph (1) of
2 this subsection may attach unless a written notice of
3 apparent liability has been issued by the Director and
4 received by the respondent, or the Director sends written
5 notice of apparent liability by registered or certified
6 mail, return receipt requested, to the last known address
7 of the respondent. Any respondent so notified must be
8 granted an opportunity to request a hearing within 10 days
9 from receipt of notice, or to show in writing, why he
10 should not be held liable. A notice issued under this
11 Section must set forth the date, facts and nature of the
12 act or omission with which the respondent is charged and
13 must specifically identify the particular provision of
14 this Article, rule, regulation or order of which a
15 violation is charged.
16 (3) No forfeiture liability under paragraph (1) of
17 this subsection may attach for any violation occurring
18 more than 2 years prior to the date of issuance of the
19 notice of apparent liability and in no event may the total
20 civil penalty forfeiture imposed for the acts or omissions
21 set forth in any one notice of apparent liability exceed
22 $100,000.
23 (4) All administrative hearings conducted pursuant to
24 this Article are subject to 50 Ill. Adm. Code 2402 and all
25 administrative hearings are subject to the Administrative
26 Review Law.
HB3595 Enrolled - 430 - LRB104 08153 BAB 18201 b
1 (5) The civil penalty forfeitures provided for in this
2 Section are payable to the General Revenue Fund of the
3 State of Illinois, and may be recovered in a civil suit in
4 the name of the State of Illinois brought in the Circuit
5 Court in Sangamon County or in the Circuit Court of the
6 county where the respondent is domiciled or has its
7 principal operating office.
8 (6) In any case where the Director issues a notice of
9 apparent liability looking toward the imposition of a
10 civil penalty forfeiture under this Section that fact may
11 not be used in any other proceeding before the Director to
12 the prejudice of the respondent to whom the notice was
13 issued, unless (a) the civil penalty forfeiture has been
14 paid, or (b) a court has ordered payment of the civil
15 penalty forfeiture and that order has become final.
16 (7) When any person or company has a license or
17 certificate of authority under this Code and knowingly
18 fails or refuses to comply with a lawful order of the
19 Director requiring compliance with this Article, entered
20 after notice and hearing, within the period of time
21 specified in the order, the Director may, in addition to
22 any other penalty or authority 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 order has been obtained.
HB3595 Enrolled - 431 - LRB104 08153 BAB 18201 b
1 (8) When any person or company has a license or
2 certificate of authority under this Code and knowingly
3 fails or refuses to comply with any provisions of this
4 Article, the Director may, after notice and hearing, in
5 addition to any other penalty provided, revoke or refuse
6 to renew the license or certificate of authority of such
7 person or company, or may suspend the license or
8 certificate of authority of such person or company, until
9 compliance with such provision of this Article has been
10 obtained.
11 (9) No suspension or revocation under this Section may
12 become effective until 5 days from the date that the
13 notice of suspension or revocation has been personally
14 delivered or delivered by registered or certified mail to
15 the company or person. A suspension or revocation under
16 this Section is stayed upon the filing, by the company or
17 person, of a petition for judicial review under the
18 Administrative Review Law.
19 (Source: P.A. 103-426, eff. 8-4-23.)
20 (215 ILCS 5/1630)
21 Sec. 1630. Definitions. As used in this Article:
22 "Aggregator site" means a website that provides access to
23 information regarding insurance products from more than one
24 insurer, including product and insurer information, for use in
25 comparison shopping.
HB3595 Enrolled - 432 - LRB104 08153 BAB 18201 b
1 "Blanket travel insurance" means a policy of travel
2 insurance issued to any eligible group providing coverage for
3 specific classes of persons defined in the policy with
4 coverage provided to all members of the eligible group without
5 a separate charge to individual members of the eligible group.
6 "Cancellation fee waiver" means a contractual agreement
7 between a supplier of travel services and its customer to
8 waive some or all of the nonrefundable cancellation fee
9 provisions of the supplier's underlying travel contract with
10 or without regard to the reason for the cancellation or form of
11 reimbursement. A "cancellation fee waiver" is not insurance.
12 "Eligible group", solely for the purposes of travel
13 insurance, means 2 or more persons who are engaged in a common
14 enterprise, or have an economic, educational, or social
15 affinity or relationship, including, but not limited to, any
16 of the following:
17 (1) any entity engaged in the business of providing
18 travel or travel services, including, but not limited to:
19 tour operators, lodging providers, vacation property
20 owners, hotels and resorts, travel clubs, travel agencies,
21 property managers, cultural exchange programs, and common
22 carriers or the operator, owner, or lessor of a means of
23 transportation of passengers, including, but not limited
24 to, airlines, cruise lines, railroads, steamship
25 companies, and public bus carriers, wherein with regard to
26 any particular travel or type of travel or travelers, all
HB3595 Enrolled - 433 - LRB104 08153 BAB 18201 b
1 members or customers of the group must have a common
2 exposure to risk attendant to such travel;
3 (2) any college, school, or other institution of
4 learning covering students, teachers, employees, or
5 volunteers;
6 (3) any employer covering any group of employees,
7 volunteers, contractors, board of directors, dependents,
8 or guests;
9 (4) any sports team, camp, or sponsor of any sports
10 team or camp covering participants, members, campers,
11 employees, officials, supervisors, or volunteers;
12 (5) any religious, charitable, recreational,
13 educational, or civic organization, or branch of an
14 organization covering any group of members, participants,
15 or volunteers;
16 (6) any financial institution or financial institution
17 vendor, or parent holding company, trustee, or agent of or
18 designated by one or more financial institutions or
19 financial institution vendors, including account holders,
20 credit card holders, debtors, guarantors, or purchasers;
21 (7) any incorporated or unincorporated association,
22 including labor unions, having a common interest,
23 constitution and bylaws, and organized and maintained in
24 good faith for purposes other than obtaining insurance for
25 members or participants of such association covering its
26 members;
HB3595 Enrolled - 434 - LRB104 08153 BAB 18201 b
1 (8) any trust or the trustees of a fund established,
2 created, or maintained for the benefit of and covering
3 members, employees or customers, subject to the Director's
4 permitting the use of a trust and the State's premium tax
5 provisions, of one or more associations meeting the
6 requirements of paragraph (7) of this definition;
7 (9) any entertainment production company covering any
8 group of participants, volunteers, audience members,
9 contestants, or workers;
10 (10) any volunteer fire department, ambulance, rescue,
11 police, court, or any first aid, civil defense, or other
12 such volunteer group;
13 (11) preschools, child or day care institutions for
14 children or adults, and senior citizen clubs;
15 (12) any automobile or truck rental or leasing company
16 covering a group of individuals who may become renters,
17 lessees, or passengers defined by their travel status on
18 the rented or leased vehicles. The common carrier, the
19 operator, owner or lessor of a means of transportation, or
20 the automobile or truck rental or leasing company, is the
21 policyholder under a policy to which this Section applies;
22 or
23 (13) any other group where the Director has determined
24 that the members are engaged in a common enterprise, or
25 have an economic, educational, or social affinity or
26 relationship, and that issuance of the policy would not be
HB3595 Enrolled - 435 - LRB104 08153 BAB 18201 b
1 contrary to the public interest.
2 "Fulfillment materials" means documentation sent to the
3 purchaser of a travel protection plan confirming the purchase
4 and providing the travel protection plan's coverage and
5 assistance details.
6 "Group travel insurance" means travel insurance issued to
7 any eligible group.
8 "Limited lines travel insurance producer" means one of the
9 following:
10 (1) a licensed managing general agent or third-party
11 administrator;
12 (2) a licensed insurance producer, including a limited
13 lines producer; or
14 (3) a travel administrator.
15 "Offering and disseminating" means the following:
16 (1) Providing information to a prospective or current
17 policyholder on behalf of a limited lines travel insurance
18 entity, including brochures, buyer guides, descriptions of
19 coverage, and price.
20 (2) Referring specific questions regarding coverage
21 features and benefits from a prospective or current
22 policyholder to a limited lines travel insurance entity.
23 (3) Disseminating and processing applications for
24 coverage, coverage selection forms, or other similar forms
25 in response to a request from a prospective or current
26 policyholder.
HB3595 Enrolled - 436 - LRB104 08153 BAB 18201 b
1 (4) Collecting premiums from a prospective or current
2 policyholder on behalf of a limited lines travel insurance
3 entity.
4 (5) Receiving and recording information from a
5 policyholder to share with a limited lines travel
6 insurance entity.
7 "Primary policyholder" means an individual person who
8 elects and purchases individual travel insurance.
9 "Travel administrator" means a person who directly or
10 indirectly underwrites, collects charges, collateral, or
11 premiums from, or adjusts or settles claims on residents of
12 this State in connection with travel insurance, except that a
13 person shall not be considered a travel administrator if that
14 person's only actions that would otherwise cause the person to
15 be considered a travel administrator are among the following:
16 (1) a person working for a travel administrator to the
17 extent that the person's activities are subject to the
18 supervision and control of the travel administrator;
19 (2) an insurance producer selling insurance or engaged
20 in administrative and claims-related activities within the
21 scope of the producer's license;
22 (3) a travel retailer offering and disseminating
23 travel insurance and registered under the license of a
24 limited lines travel insurance producer in accordance with
25 Section 1635;
26 (4) an individual adjusting or settling claims in the
HB3595 Enrolled - 437 - LRB104 08153 BAB 18201 b
1 normal course of that individual's practice or employment
2 as an attorney-at-law and who does not collect charges or
3 premiums in connection with insurance coverage; or
4 (5) a business entity that is affiliated with a
5 licensed insurer while acting as a travel administrator
6 for the direct and assumed insurance business of an
7 affiliated insurer.
8 "Travel assistance services" means noninsurance services
9 for which the consumer is not indemnified based on a
10 fortuitous event, and where providing the service does not
11 result in transfer or shifting of risk that would constitute
12 the business of insurance. "Travel assistance services"
13 include, but are not limited to: security advisories;
14 destination information; vaccination and immunization
15 information services; travel reservation services;
16 entertainment; activity and event planning; translation
17 assistance; emergency messaging; international legal and
18 medical referrals; medical case monitoring; coordination of
19 transportation arrangements; emergency cash transfer
20 assistance; medical prescription replacement assistance;
21 passport and travel document replacement assistance; lost
22 luggage assistance; concierge services; and any other service
23 that is furnished in connection with planned travel. "Travel
24 assistance services" are not insurance and are not related to
25 insurance.
26 "Travel insurance" means insurance coverage for personal
HB3595 Enrolled - 438 - LRB104 08153 BAB 18201 b
1 risks incident to planned travel, including, but not limited
2 to:
3 (1) the interruption or cancellation of a trip or
4 event;
5 (2) the loss of baggage or personal effects;
6 (3) damages to accommodations or rental vehicles;
7 (4) sickness, accident, disability, or death occurring
8 during travel;
9 (5) emergency evacuation;
10 (6) repatriation of remains; or
11 (7) any other contractual obligations to indemnify or
12 pay a specified amount to the traveler upon determinable
13 contingencies related to travel as approved by the
14 Director.
15 "Travel insurance" does not include major medical plans
16 that provide comprehensive medical protection for travelers
17 with trips lasting 6 months or longer, including those working
18 overseas as expatriates or as military personnel on
19 deployment.
20 "Travel insurance business entity" means a licensed
21 insurance producer designated by an insurer as set forth in
22 subsection (h) of Section 1635.
23 "Travel protection plans" means plans that provide one or
24 more of the following: travel insurance, travel assistance
25 services, and cancellation fee waivers.
26 "Travel retailer" means a business organization that
HB3595 Enrolled - 439 - LRB104 08153 BAB 18201 b
1 makes, arranges, or offers travel services and, with respect
2 to travel insurance, is limited to offering and disseminating
3 as defined in this Section, unless otherwise licensed under
4 subsection (b) of Section 1635.
5 (Source: P.A. 102-212, eff. 10-28-21.)
6 Section 175. The Public Utilities Act is amended by
7 changing Section 8-103B as follows:
8 (220 ILCS 5/8-103B)
9 (Text of Section before amendment by P.A. 104-458)
10 Sec. 8-103B. Energy efficiency and demand-response
11 measures.
12 (a) It is the policy of the State that electric utilities
13 are required to use cost-effective energy efficiency and
14 demand-response measures to reduce delivery load. Requiring
15 investment in cost-effective energy efficiency and
16 demand-response measures will reduce direct and indirect costs
17 to consumers by decreasing environmental impacts and by
18 avoiding or delaying the need for new generation,
19 transmission, and distribution infrastructure. It serves the
20 public interest to allow electric utilities to recover costs
21 for reasonably and prudently incurred expenditures for energy
22 efficiency and demand-response measures. As used in this
23 Section, "cost-effective" means that the measures satisfy the
24 total resource cost test. The low-income measures described in
HB3595 Enrolled - 440 - LRB104 08153 BAB 18201 b
1 subsection (c) of this Section shall not be required to meet
2 the total resource cost test. For purposes of this Section,
3 the terms "energy-efficiency", "demand-response", "electric
4 utility", and "total resource cost test" have the meanings set
5 forth in the Illinois Power Agency Act. "Black, indigenous,
6 and people of color" and "BIPOC" means people who are members
7 of the groups described in subparagraphs (a) through (e) of
8 paragraph (A) of subsection (1) of Section 2 of the Business
9 Enterprise for Minorities, Women, and Persons with
10 Disabilities Act.
11 (a-5) This Section applies to electric utilities serving
12 more than 500,000 retail customers in the State for those
13 multi-year plans commencing after December 31, 2017.
14 (b) For purposes of this Section, electric utilities
15 subject to this Section that serve more than 3,000,000 retail
16 customers in the State shall be deemed to have achieved a
17 cumulative persisting annual savings of 6.6% from energy
18 efficiency measures and programs implemented during the period
19 beginning January 1, 2012 and ending December 31, 2017, which
20 percent is based on the deemed average weather normalized
21 sales of electric power and energy during calendar years 2014,
22 2015, and 2016 of 88,000,000 MWhs. For the purposes of this
23 subsection (b) and subsection (b-5), the 88,000,000 MWhs of
24 deemed electric power and energy sales shall be reduced by the
25 number of MWhs equal to the sum of the annual consumption of
26 customers that have opted out of subsections (a) through (j)
HB3595 Enrolled - 441 - LRB104 08153 BAB 18201 b
1 of this Section under paragraph (1) of subsection (l) of this
2 Section, as averaged across the calendar years 2014, 2015, and
3 2016. After 2017, the deemed value of cumulative persisting
4 annual savings from energy efficiency measures and programs
5 implemented during the period beginning January 1, 2012 and
6 ending December 31, 2017, shall be reduced each year, as
7 follows, and the applicable value shall be applied to and
8 count toward the utility's achievement of the cumulative
9 persisting annual savings goals set forth in subsection (b-5):
10 (1) 5.8% deemed cumulative persisting annual savings
11 for the year ending December 31, 2018;
12 (2) 5.2% deemed cumulative persisting annual savings
13 for the year ending December 31, 2019;
14 (3) 4.5% deemed cumulative persisting annual savings
15 for the year ending December 31, 2020;
16 (4) 4.0% deemed cumulative persisting annual savings
17 for the year ending December 31, 2021;
18 (5) 3.5% deemed cumulative persisting annual savings
19 for the year ending December 31, 2022;
20 (6) 3.1% deemed cumulative persisting annual savings
21 for the year ending December 31, 2023;
22 (7) 2.8% deemed cumulative persisting annual savings
23 for the year ending December 31, 2024;
24 (8) 2.5% deemed cumulative persisting annual savings
25 for the year ending December 31, 2025;
26 (9) 2.3% deemed cumulative persisting annual savings
HB3595 Enrolled - 442 - LRB104 08153 BAB 18201 b
1 for the year ending December 31, 2026;
2 (10) 2.1% deemed cumulative persisting annual savings
3 for the year ending December 31, 2027;
4 (11) 1.8% deemed cumulative persisting annual savings
5 for the year ending December 31, 2028;
6 (12) 1.7% deemed cumulative persisting annual savings
7 for the year ending December 31, 2029;
8 (13) 1.5% deemed cumulative persisting annual savings
9 for the year ending December 31, 2030;
10 (14) 1.3% deemed cumulative persisting annual savings
11 for the year ending December 31, 2031;
12 (15) 1.1% deemed cumulative persisting annual savings
13 for the year ending December 31, 2032;
14 (16) 0.9% deemed cumulative persisting annual savings
15 for the year ending December 31, 2033;
16 (17) 0.7% deemed cumulative persisting annual savings
17 for the year ending December 31, 2034;
18 (18) 0.5% deemed cumulative persisting annual savings
19 for the year ending December 31, 2035;
20 (19) 0.4% deemed cumulative persisting annual savings
21 for the year ending December 31, 2036;
22 (20) 0.3% deemed cumulative persisting annual savings
23 for the year ending December 31, 2037;
24 (21) 0.2% deemed cumulative persisting annual savings
25 for the year ending December 31, 2038;
26 (22) 0.1% deemed cumulative persisting annual savings
HB3595 Enrolled - 443 - LRB104 08153 BAB 18201 b
1 for the year ending December 31, 2039; and
2 (23) 0.0% deemed cumulative persisting annual savings
3 for the year ending December 31, 2040 and all subsequent
4 years.
5 For purposes of this Section, "cumulative persisting
6 annual savings" means the total electric energy savings in a
7 given year from measures installed in that year or in previous
8 years, but no earlier than January 1, 2012, that are still
9 operational and providing savings in that year because the
10 measures have not yet reached the end of their useful lives.
11 (b-5) Beginning in 2018, electric utilities subject to
12 this Section that serve more than 3,000,000 retail customers
13 in the State shall achieve the following cumulative persisting
14 annual savings goals, as modified by subsection (f) of this
15 Section and as compared to the deemed baseline of 88,000,000
16 MWhs of electric power and energy sales set forth in
17 subsection (b), as reduced by the number of MWhs equal to the
18 sum of the annual consumption of customers that have opted out
19 of subsections (a) through (j) of this Section under paragraph
20 (1) of subsection (l) of this Section as averaged across the
21 calendar years 2014, 2015, and 2016, through the
22 implementation of energy efficiency measures during the
23 applicable year and in prior years, but no earlier than
24 January 1, 2012:
25 (1) 7.8% cumulative persisting annual savings for the
26 year ending December 31, 2018;
HB3595 Enrolled - 444 - LRB104 08153 BAB 18201 b
1 (2) 9.1% cumulative persisting annual savings for the
2 year ending December 31, 2019;
3 (3) 10.4% cumulative persisting annual savings for the
4 year ending December 31, 2020;
5 (4) 11.8% cumulative persisting annual savings for the
6 year ending December 31, 2021;
7 (5) 13.1% cumulative persisting annual savings for the
8 year ending December 31, 2022;
9 (6) 14.4% cumulative persisting annual savings for the
10 year ending December 31, 2023;
11 (7) 15.7% cumulative persisting annual savings for the
12 year ending December 31, 2024;
13 (8) 17% cumulative persisting annual savings for the
14 year ending December 31, 2025;
15 (9) 17.9% cumulative persisting annual savings for the
16 year ending December 31, 2026;
17 (10) 18.8% cumulative persisting annual savings for
18 the year ending December 31, 2027;
19 (11) 19.7% cumulative persisting annual savings for
20 the year ending December 31, 2028;
21 (12) 20.6% cumulative persisting annual savings for
22 the year ending December 31, 2029; and
23 (13) 21.5% cumulative persisting annual savings for
24 the year ending December 31, 2030.
25 No later than December 31, 2021, the Illinois Commerce
26 Commission shall establish additional cumulative persisting
HB3595 Enrolled - 445 - LRB104 08153 BAB 18201 b
1 annual savings goals for the years 2031 through 2035. No later
2 than December 31, 2024, the Illinois Commerce Commission shall
3 establish additional cumulative persisting annual savings
4 goals for the years 2036 through 2040. The Commission shall
5 also establish additional cumulative persisting annual savings
6 goals every 5 years thereafter to ensure that utilities always
7 have goals that extend at least 11 years into the future. The
8 cumulative persisting annual savings goals beyond the year
9 2030 shall increase by 0.9 percentage points per year, absent
10 a Commission decision to initiate a proceeding to consider
11 establishing goals that increase by more or less than that
12 amount. Such a proceeding must be conducted in accordance with
13 the procedures described in subsection (f) of this Section. If
14 such a proceeding is initiated, the cumulative persisting
15 annual savings goals established by the Commission through
16 that proceeding shall reflect the Commission's best estimate
17 of the maximum amount of additional savings that are forecast
18 to be cost-effectively achievable unless such best estimates
19 would result in goals that represent less than 0.5 percentage
20 point annual increases in total cumulative persisting annual
21 savings. The Commission may only establish goals that
22 represent less than 0.5 percentage point annual increases in
23 cumulative persisting annual savings if it can demonstrate,
24 based on clear and convincing evidence and through independent
25 analysis, that 0.5 percentage point increases are not
26 cost-effectively achievable. The Commission shall inform its
HB3595 Enrolled - 446 - LRB104 08153 BAB 18201 b
1 decision based on an energy efficiency potential study that
2 conforms to the requirements of this Section.
3 (b-10) For purposes of this Section, electric utilities
4 subject to this Section that serve less than 3,000,000 retail
5 customers but more than 500,000 retail customers in the State
6 shall be deemed to have achieved a cumulative persisting
7 annual savings of 6.6% from energy efficiency measures and
8 programs implemented during the period beginning January 1,
9 2012 and ending December 31, 2017, which is based on the deemed
10 average weather normalized sales of electric power and energy
11 during calendar years 2014, 2015, and 2016 of 36,900,000 MWhs.
12 For the purposes of this subsection (b-10) and subsection
13 (b-15), the 36,900,000 MWhs of deemed electric power and
14 energy sales shall be reduced by the number of MWhs equal to
15 the sum of the annual consumption of customers that have opted
16 out of subsections (a) through (j) of this Section under
17 paragraph (1) of subsection (l) of this Section, as averaged
18 across the calendar years 2014, 2015, and 2016. After 2017,
19 the deemed value of cumulative persisting annual savings from
20 energy efficiency measures and programs implemented during the
21 period beginning January 1, 2012 and ending December 31, 2017,
22 shall be reduced each year, as follows, and the applicable
23 value shall be applied to and count toward the utility's
24 achievement of the cumulative persisting annual savings goals
25 set forth in subsection (b-15):
26 (1) 5.8% deemed cumulative persisting annual savings
HB3595 Enrolled - 447 - LRB104 08153 BAB 18201 b
1 for the year ending December 31, 2018;
2 (2) 5.2% deemed cumulative persisting annual savings
3 for the year ending December 31, 2019;
4 (3) 4.5% deemed cumulative persisting annual savings
5 for the year ending December 31, 2020;
6 (4) 4.0% deemed cumulative persisting annual savings
7 for the year ending December 31, 2021;
8 (5) 3.5% deemed cumulative persisting annual savings
9 for the year ending December 31, 2022;
10 (6) 3.1% deemed cumulative persisting annual savings
11 for the year ending December 31, 2023;
12 (7) 2.8% deemed cumulative persisting annual savings
13 for the year ending December 31, 2024;
14 (8) 2.5% deemed cumulative persisting annual savings
15 for the year ending December 31, 2025;
16 (9) 2.3% deemed cumulative persisting annual savings
17 for the year ending December 31, 2026;
18 (10) 2.1% deemed cumulative persisting annual savings
19 for the year ending December 31, 2027;
20 (11) 1.8% deemed cumulative persisting annual savings
21 for the year ending December 31, 2028;
22 (12) 1.7% deemed cumulative persisting annual savings
23 for the year ending December 31, 2029;
24 (13) 1.5% deemed cumulative persisting annual savings
25 for the year ending December 31, 2030;
26 (14) 1.3% deemed cumulative persisting annual savings
HB3595 Enrolled - 448 - LRB104 08153 BAB 18201 b
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 (b-15) Beginning in 2018, electric utilities subject to
22 this Section that serve less than 3,000,000 retail customers
23 but more than 500,000 retail customers in the State shall
24 achieve the following cumulative persisting annual savings
25 goals, as modified by subsection (b-20) and subsection (f) of
26 this Section and as compared to the deemed baseline as reduced
HB3595 Enrolled - 449 - LRB104 08153 BAB 18201 b
1 by the number of MWhs equal to the sum of the annual
2 consumption of customers that have opted out of subsections
3 (a) through (j) of this Section under paragraph (1) of
4 subsection (l) of this Section as averaged across the calendar
5 years 2014, 2015, and 2016, through the implementation of
6 energy efficiency measures during the applicable year and in
7 prior years, but no earlier than January 1, 2012:
8 (1) 7.4% cumulative persisting annual savings for the
9 year ending December 31, 2018;
10 (2) 8.2% cumulative persisting annual savings for the
11 year ending December 31, 2019;
12 (3) 9.0% cumulative persisting annual savings for the
13 year ending December 31, 2020;
14 (4) 9.8% cumulative persisting annual savings for the
15 year ending December 31, 2021;
16 (5) 10.6% cumulative persisting annual savings for the
17 year ending December 31, 2022;
18 (6) 11.4% cumulative persisting annual savings for the
19 year ending December 31, 2023;
20 (7) 12.2% cumulative persisting annual savings for the
21 year ending December 31, 2024;
22 (8) 13% cumulative persisting annual savings for the
23 year ending December 31, 2025;
24 (9) 13.6% cumulative persisting annual savings for the
25 year ending December 31, 2026;
26 (10) 14.2% cumulative persisting annual savings for
HB3595 Enrolled - 450 - LRB104 08153 BAB 18201 b
1 the year ending December 31, 2027;
2 (11) 14.8% cumulative persisting annual savings for
3 the year ending December 31, 2028;
4 (12) 15.4% cumulative persisting annual savings for
5 the year ending December 31, 2029; and
6 (13) 16% cumulative persisting annual savings for the
7 year ending December 31, 2030.
8 No later than December 31, 2021, the Illinois Commerce
9 Commission shall establish additional cumulative persisting
10 annual savings goals for the years 2031 through 2035. No later
11 than December 31, 2024, the Illinois Commerce Commission shall
12 establish additional cumulative persisting annual savings
13 goals for the years 2036 through 2040. The Commission shall
14 also establish additional cumulative persisting annual savings
15 goals every 5 years thereafter to ensure that utilities always
16 have goals that extend at least 11 years into the future. The
17 cumulative persisting annual savings goals beyond the year
18 2030 shall increase by 0.6 percentage points per year, absent
19 a Commission decision to initiate a proceeding to consider
20 establishing goals that increase by more or less than that
21 amount. Such a proceeding must be conducted in accordance with
22 the procedures described in subsection (f) of this Section. If
23 such a proceeding is initiated, the cumulative persisting
24 annual savings goals established by the Commission through
25 that proceeding shall reflect the Commission's best estimate
26 of the maximum amount of additional savings that are forecast
HB3595 Enrolled - 451 - LRB104 08153 BAB 18201 b
1 to be cost-effectively achievable unless such best estimates
2 would result in goals that represent less than 0.4 percentage
3 point annual increases in total cumulative persisting annual
4 savings. The Commission may only establish goals that
5 represent less than 0.4 percentage point annual increases in
6 cumulative persisting annual savings if it can demonstrate,
7 based on clear and convincing evidence and through independent
8 analysis, that 0.4 percentage point increases are not
9 cost-effectively achievable. The Commission shall inform its
10 decision based on an energy efficiency potential study that
11 conforms to the requirements of this Section.
12 (b-20) Each electric utility subject to this Section may
13 include cost-effective voltage optimization measures in its
14 plans submitted under subsections (f) and (g) of this Section,
15 and the costs incurred by a utility to implement the measures
16 under a Commission-approved plan shall be recovered under the
17 provisions of Article IX or Section 16-108.5 of this Act. For
18 purposes of this Section, the measure life of voltage
19 optimization measures shall be 15 years. The measure life
20 period is independent of the depreciation rate of the voltage
21 optimization assets deployed. Utilities may claim savings from
22 voltage optimization on circuits for more than 15 years if
23 they can demonstrate that they have made additional
24 investments necessary to enable voltage optimization savings
25 to continue beyond 15 years. Such demonstrations must be
26 subject to the review of independent evaluation.
HB3595 Enrolled - 452 - LRB104 08153 BAB 18201 b
1 Within 270 days after June 1, 2017 (the effective date of
2 Public Act 99-906), an electric utility that serves less than
3 3,000,000 retail customers but more than 500,000 retail
4 customers in the State shall file a plan with the Commission
5 that identifies the cost-effective voltage optimization
6 investment the electric utility plans to undertake through
7 December 31, 2024. The Commission, after notice and hearing,
8 shall approve or approve with modification the plan within 120
9 days after the plan's filing and, in the order approving or
10 approving with modification the plan, the Commission shall
11 adjust the applicable cumulative persisting annual savings
12 goals set forth in subsection (b-15) to reflect any amount of
13 cost-effective energy savings approved by the Commission that
14 is greater than or less than the following cumulative
15 persisting annual savings values attributable to voltage
16 optimization for the applicable year:
17 (1) 0.0% of cumulative persisting annual savings for
18 the year ending December 31, 2018;
19 (2) 0.17% of cumulative persisting annual savings for
20 the year ending December 31, 2019;
21 (3) 0.17% of cumulative persisting annual savings for
22 the year ending December 31, 2020;
23 (4) 0.33% of cumulative persisting annual savings for
24 the year ending December 31, 2021;
25 (5) 0.5% of cumulative persisting annual savings for
26 the year ending December 31, 2022;
HB3595 Enrolled - 453 - LRB104 08153 BAB 18201 b
1 (6) 0.67% of cumulative persisting annual savings for
2 the year ending December 31, 2023;
3 (7) 0.83% of cumulative persisting annual savings for
4 the year ending December 31, 2024; and
5 (8) 1.0% of cumulative persisting annual savings for
6 the year ending December 31, 2025 and all subsequent
7 years.
8 (b-25) In the event an electric utility jointly offers an
9 energy efficiency measure or program with a gas utility under
10 plans approved under this Section and Section 8-104 of this
11 Act, the electric utility may continue offering the program,
12 including the gas energy efficiency measures, in the event the
13 gas utility discontinues funding the program. In that event,
14 the energy savings value associated with such other fuels
15 shall be converted to electric energy savings on an equivalent
16 Btu basis for the premises. However, the electric utility
17 shall prioritize programs for low-income residential customers
18 to the extent practicable. An electric utility may recover the
19 costs of offering the gas energy efficiency measures under
20 this subsection (b-25).
21 For those energy efficiency measures or programs that save
22 both electricity and other fuels but are not jointly offered
23 with a gas utility under plans approved under this Section and
24 Section 8-104 or not offered with an affiliated gas utility
25 under paragraph (6) of subsection (f) of Section 8-104 of this
26 Act, the electric utility may count savings of fuels other
HB3595 Enrolled - 454 - LRB104 08153 BAB 18201 b
1 than electricity toward the achievement of its annual savings
2 goal, and the energy savings value associated with such other
3 fuels shall be converted to electric energy savings on an
4 equivalent Btu basis at the premises.
5 In no event shall more than 10% of each year's applicable
6 annual total savings requirement as defined in paragraph (7.5)
7 of subsection (g) of this Section be met through savings of
8 fuels other than electricity.
9 (b-27) Beginning in 2022, an electric utility may offer
10 and promote measures that electrify space heating, water
11 heating, cooling, drying, cooking, industrial processes, and
12 other building and industrial end uses that would otherwise be
13 served by combustion of fossil fuel at the premises, provided
14 that the electrification measures reduce total energy
15 consumption at the premises. The electric utility may count
16 the reduction in energy consumption at the premises toward
17 achievement of its annual savings goals. The reduction in
18 energy consumption at the premises shall be calculated as the
19 difference between: (A) the reduction in Btu consumption of
20 fossil fuels as a result of electrification, converted to
21 kilowatt-hour equivalents by dividing by 3,412 Btus per
22 kilowatt hour; and (B) the increase in kilowatt hours of
23 electricity consumption resulting from the displacement of
24 fossil fuel consumption as a result of electrification. An
25 electric utility may recover the costs of offering and
26 promoting electrification measures under this subsection
HB3595 Enrolled - 455 - LRB104 08153 BAB 18201 b
1 (b-27).
2 In no event shall electrification savings counted toward
3 each year's applicable annual total savings requirement, as
4 defined in paragraph (7.5) of subsection (g) of this Section,
5 be greater than:
6 (1) 5% per year for each year from 2022 through 2025;
7 (2) 10% per year for each year from 2026 through 2029;
8 and
9 (3) 15% per year for 2030 and all subsequent years.
10 In addition, a minimum of 25% of all electrification savings
11 counted toward a utility's applicable annual total savings
12 requirement must be from electrification of end uses in
13 low-income housing. The limitations on electrification savings
14 that may be counted toward a utility's annual savings goals
15 are separate from and in addition to the subsection (b-25)
16 limitations governing the counting of the other fuel savings
17 resulting from efficiency measures and programs.
18 As part of the annual informational filing to the
19 Commission that is required under paragraph (9) of subsection
20 (g) of this Section, each utility shall identify the specific
21 electrification measures offered under this subsection (b-27);
22 the quantity of each electrification measure that was
23 installed by its customers; the average total cost, average
24 utility cost, average reduction in fossil fuel consumption,
25 and average increase in electricity consumption associated
26 with each electrification measure; the portion of
HB3595 Enrolled - 456 - LRB104 08153 BAB 18201 b
1 installations of each electrification measure that were in
2 low-income single-family housing, low-income multifamily
3 housing, non-low-income single-family housing, non-low-income
4 multifamily housing, commercial buildings, and industrial
5 facilities; and the quantity of savings associated with each
6 measure category in each customer category that are being
7 counted toward the utility's applicable annual total savings
8 requirement. Prior to installing an electrification measure,
9 the utility shall provide a customer with an estimate of the
10 impact of the new measure on the customer's average monthly
11 electric bill and total annual energy expenses.
12 (c) Electric utilities shall be responsible for overseeing
13 the design, development, and filing of energy efficiency plans
14 with the Commission and may, as part of that implementation,
15 outsource various aspects of program development and
16 implementation. A minimum of 10%, for electric utilities that
17 serve more than 3,000,000 retail customers in the State, and a
18 minimum of 7%, for electric utilities that serve less than
19 3,000,000 retail customers but more than 500,000 retail
20 customers in the State, of the utility's entire portfolio
21 funding level for a given year shall be used to procure
22 cost-effective energy efficiency measures from units of local
23 government, municipal corporations, school districts, public
24 housing, public institutions of higher education, and
25 community college districts, provided that a minimum
26 percentage of available funds shall be used to procure energy
HB3595 Enrolled - 457 - LRB104 08153 BAB 18201 b
1 efficiency from public housing, which percentage shall be
2 equal to public housing's share of public building energy
3 consumption.
4 The utilities shall also implement energy efficiency
5 measures targeted at low-income households, which, for
6 purposes of this Section, shall be defined as households at or
7 below 80% of area median income, and expenditures to implement
8 the measures shall be no less than $40,000,000 per year for
9 electric utilities that serve more than 3,000,000 retail
10 customers in the State and no less than $13,000,000 per year
11 for electric utilities that serve less than 3,000,000 retail
12 customers but more than 500,000 retail customers in the State.
13 The ratio of spending on efficiency programs targeted at
14 low-income multifamily buildings to spending on efficiency
15 programs targeted at low-income single-family buildings shall
16 be designed to achieve levels of savings from each building
17 type that are approximately proportional to the magnitude of
18 cost-effective lifetime savings potential in each building
19 type. Investment in low-income whole-building weatherization
20 programs shall constitute a minimum of 80% of a utility's
21 total budget specifically dedicated to serving low-income
22 customers.
23 The utilities shall work to bundle low-income energy
24 efficiency offerings with other programs that serve low-income
25 households to maximize the benefits going to these households.
26 The utilities shall market and implement low-income energy
HB3595 Enrolled - 458 - LRB104 08153 BAB 18201 b
1 efficiency programs in coordination with low-income assistance
2 programs, the Illinois Solar for All Program, and
3 weatherization whenever practicable. The program implementer
4 shall walk the customer through the enrollment process for any
5 programs for which the customer is eligible. The utilities
6 shall also pilot targeting customers with high arrearages,
7 high energy intensity (ratio of energy usage divided by home
8 or unit square footage), or energy assistance programs with
9 energy efficiency offerings, and then track reduction in
10 arrearages as a result of the targeting. This targeting and
11 bundling of low-income energy programs shall be offered to
12 both low-income single-family and multifamily customers
13 (owners and residents).
14 The utilities shall invest in health and safety measures
15 appropriate and necessary for comprehensively weatherizing a
16 home or multifamily building, and shall implement a health and
17 safety fund of at least 15% of the total income-qualified
18 weatherization budget that shall be used for the purpose of
19 making grants for technical assistance, construction,
20 reconstruction, improvement, or repair of buildings to
21 facilitate their participation in the energy efficiency
22 programs targeted at low-income single-family and multifamily
23 households. These funds may also be used for the purpose of
24 making grants for technical assistance, construction,
25 reconstruction, improvement, or repair of the following
26 buildings to facilitate their participation in the energy
HB3595 Enrolled - 459 - LRB104 08153 BAB 18201 b
1 efficiency programs created by this Section: (1) buildings
2 that are owned or operated by registered 501(c)(3) public
3 charities; and (2) day care centers, day care homes, or group
4 day care homes, as defined under 89 Ill. Adm. Code Part 406,
5 407, or 408, respectively.
6 Each electric utility shall assess opportunities to
7 implement cost-effective energy efficiency measures and
8 programs through a public housing authority or authorities
9 located in its service territory. If such opportunities are
10 identified, the utility shall propose such measures and
11 programs to address the opportunities. Expenditures to address
12 such opportunities shall be credited toward the minimum
13 procurement and expenditure requirements set forth in this
14 subsection (c).
15 Implementation of energy efficiency measures and programs
16 targeted at low-income households should be contracted, when
17 it is practicable, to independent third parties that have
18 demonstrated capabilities to serve such households, with a
19 preference for not-for-profit entities and government agencies
20 that have existing relationships with or experience serving
21 low-income communities in the State.
22 Each electric utility shall develop and implement
23 reporting procedures that address and assist in determining
24 the amount of energy savings that can be applied to the
25 low-income procurement and expenditure requirements set forth
26 in this subsection (c). Each electric utility shall also track
HB3595 Enrolled - 460 - LRB104 08153 BAB 18201 b
1 the types and quantities or volumes of insulation and air
2 sealing materials, and their associated energy saving
3 benefits, installed in energy efficiency programs targeted at
4 low-income single-family and multifamily households.
5 The electric utilities shall participate in a low-income
6 energy efficiency accountability committee ("the committee"),
7 which will directly inform the design, implementation, and
8 evaluation of the low-income and public-housing energy
9 efficiency programs. The committee shall be comprised of the
10 electric utilities subject to the requirements of this
11 Section, the gas utilities subject to the requirements of
12 Section 8-104 of this Act, the utilities' low-income energy
13 efficiency implementation contractors, nonprofit
14 organizations, community action agencies, advocacy groups,
15 State and local governmental agencies, public-housing
16 organizations, and representatives of community-based
17 organizations, especially those living in or working with
18 environmental justice communities and BIPOC communities. The
19 committee shall be composed of 2 geographically differentiated
20 subcommittees: one for stakeholders in northern Illinois and
21 one for stakeholders in central and southern Illinois. The
22 subcommittees shall meet together at least twice per year.
23 There shall be one statewide leadership committee led by
24 and composed of community-based organizations that are
25 representative of BIPOC and environmental justice communities
26 and that includes equitable representation from BIPOC
HB3595 Enrolled - 461 - LRB104 08153 BAB 18201 b
1 communities. The leadership committee shall be composed of an
2 equal number of representatives from the 2 subcommittees. The
3 subcommittees shall address specific programs and issues, with
4 the leadership committee convening targeted workgroups as
5 needed. The leadership committee may elect to work with an
6 independent facilitator to solicit and organize feedback,
7 recommendations and meeting participation from a wide variety
8 of community-based stakeholders. If a facilitator is used,
9 they shall be fair and responsive to the needs of all
10 stakeholders involved in the committee.
11 All committee meetings must be accessible, with rotating
12 locations if meetings are held in-person, virtual
13 participation options, and materials and agendas circulated in
14 advance.
15 There shall also be opportunities for direct input by
16 committee members outside of committee meetings, such as via
17 individual meetings, surveys, emails and calls, to ensure
18 robust participation by stakeholders with limited capacity and
19 ability to attend committee meetings. Committee meetings shall
20 emphasize opportunities to bundle and coordinate delivery of
21 low-income energy efficiency with other programs that serve
22 low-income communities, such as the Illinois Solar for All
23 Program and bill payment assistance programs. Meetings shall
24 include educational opportunities for stakeholders to learn
25 more about these additional offerings, and the committee shall
26 assist in figuring out the best methods for coordinated
HB3595 Enrolled - 462 - LRB104 08153 BAB 18201 b
1 delivery and implementation of offerings when serving
2 low-income communities. The committee shall directly and
3 equitably influence and inform utility low-income and
4 public-housing energy efficiency programs and priorities.
5 Participating utilities shall implement recommendations from
6 the committee whenever possible.
7 Participating utilities shall track and report how input
8 from the committee has led to new approaches and changes in
9 their energy efficiency portfolios. This reporting shall occur
10 at committee meetings and in quarterly energy efficiency
11 reports to the Stakeholder Advisory Group and Illinois
12 Commerce Commission, and other relevant reporting mechanisms.
13 Participating utilities shall also report on relevant equity
14 data and metrics requested by the committee, such as energy
15 burden data, geographic, racial, and other relevant
16 demographic data on where programs are being delivered and
17 what populations programs are serving.
18 The Illinois Commerce Commission shall oversee and have
19 relevant staff participate in the committee. The committee
20 shall have a budget of 0.25% of each utility's entire
21 efficiency portfolio funding for a given year. The budget
22 shall be overseen by the Commission. The budget shall be used
23 to provide grants for community-based organizations serving on
24 the leadership committee, stipends for community-based
25 organizations participating in the committee, grants for
26 community-based organizations to do energy efficiency outreach
HB3595 Enrolled - 463 - LRB104 08153 BAB 18201 b
1 and education, and relevant meeting needs as determined by the
2 leadership committee. The education and outreach shall
3 include, but is not limited to, basic energy efficiency
4 education, information about low-income energy efficiency
5 programs, and information on the committee's purpose,
6 structure, and activities.
7 (d) Notwithstanding any other provision of law to the
8 contrary, a utility providing approved energy efficiency
9 measures and, if applicable, demand-response measures in the
10 State shall be permitted to recover all reasonable and
11 prudently incurred costs of those measures from all retail
12 customers, except as provided in subsection (l) of this
13 Section, as follows, provided that nothing in this subsection
14 (d) permits the double recovery of such costs from customers:
15 (1) The utility may recover its costs through an
16 automatic adjustment clause tariff filed with and approved
17 by the Commission. The tariff shall be established outside
18 the context of a general rate case. Each year the
19 Commission shall initiate a review to reconcile any
20 amounts collected with the actual costs and to determine
21 the required adjustment to the annual tariff factor to
22 match annual expenditures. To enable the financing of the
23 incremental capital expenditures, including regulatory
24 assets, for electric utilities that serve less than
25 3,000,000 retail customers but more than 500,000 retail
26 customers in the State, the utility's actual year-end
HB3595 Enrolled - 464 - LRB104 08153 BAB 18201 b
1 capital structure that includes a common equity ratio,
2 excluding goodwill, of up to and including 50% of the
3 total capital structure shall be deemed reasonable and
4 used to set rates.
5 (2) A utility may recover its costs through an energy
6 efficiency formula rate approved by the Commission under a
7 filing under subsections (f) and (g) of this Section,
8 which shall specify the cost components that form the
9 basis of the rate charged to customers with sufficient
10 specificity to operate in a standardized manner and be
11 updated annually with transparent information that
12 reflects the utility's actual costs to be recovered during
13 the applicable rate year, which is the period beginning
14 with the first billing day of January and extending
15 through the last billing day of the following December.
16 The energy efficiency formula rate shall be implemented
17 through a tariff filed with the Commission under
18 subsections (f) and (g) of this Section that is consistent
19 with the provisions of this paragraph (2) and that shall
20 be applicable to all delivery services customers. The
21 Commission shall conduct an investigation of the tariff in
22 a manner consistent with the provisions of this paragraph
23 (2), subsections (f) and (g) of this Section, and the
24 provisions of Article IX of this Act to the extent they do
25 not conflict with this paragraph (2). The energy
26 efficiency formula rate approved by the Commission shall
HB3595 Enrolled - 465 - LRB104 08153 BAB 18201 b
1 remain in effect at the discretion of the utility and
2 shall do the following:
3 (A) Provide for the recovery of the utility's
4 actual costs incurred under this Section that are
5 prudently incurred and reasonable in amount consistent
6 with Commission practice and law. The sole fact that a
7 cost differs from that incurred in a prior calendar
8 year or that an investment is different from that made
9 in a prior calendar year shall not imply the
10 imprudence or unreasonableness of that cost or
11 investment.
12 (B) Reflect the utility's actual year-end capital
13 structure for the applicable calendar year, excluding
14 goodwill, subject to a determination of prudence and
15 reasonableness consistent with Commission practice and
16 law. To enable the financing of the incremental
17 capital expenditures, including regulatory assets, for
18 electric utilities that serve less than 3,000,000
19 retail customers but more than 500,000 retail
20 customers in the State, a participating electric
21 utility's actual year-end capital structure that
22 includes a common equity ratio, excluding goodwill, of
23 up to and including 50% of the total capital structure
24 shall be deemed reasonable and used to set rates.
25 (C) Include a cost of equity, which shall be
26 calculated as the sum of the following:
HB3595 Enrolled - 466 - LRB104 08153 BAB 18201 b
1 (i) the average for the applicable calendar
2 year of the monthly average yields of 30-year U.S.
3 Treasury bonds published by the Board of Governors
4 of the Federal Reserve System in its weekly H.15
5 Statistical Release or successor publication; and
6 (ii) 580 basis points.
7 At such time as the Board of Governors of the
8 Federal Reserve System ceases to include the monthly
9 average yields of 30-year U.S. Treasury bonds in its
10 weekly H.15 Statistical Release or successor
11 publication, the monthly average yields of the U.S.
12 Treasury bonds then having the longest duration
13 published by the Board of Governors in its weekly H.15
14 Statistical Release or successor publication shall
15 instead be used for purposes of this paragraph (2).
16 (D) Permit and set forth protocols, subject to a
17 determination of prudence and reasonableness
18 consistent with Commission practice and law, for the
19 following:
20 (i) recovery of incentive compensation expense
21 that is based on the achievement of operational
22 metrics, including metrics related to budget
23 controls, outage duration and frequency, safety,
24 customer service, efficiency and productivity, and
25 environmental compliance; however, this protocol
26 shall not apply if such expense related to costs
HB3595 Enrolled - 467 - LRB104 08153 BAB 18201 b
1 incurred under this Section is recovered under
2 Article IX or Section 16-108.5 of this Act;
3 incentive compensation expense that is based on
4 net income or an affiliate's earnings per share
5 shall not be recoverable under the energy
6 efficiency formula rate;
7 (ii) recovery of pension and other
8 post-employment benefits expense, provided that
9 such costs are supported by an actuarial study;
10 however, this protocol shall not apply if such
11 expense related to costs incurred under this
12 Section is recovered under Article IX or Section
13 16-108.5 of this Act;
14 (iii) recovery of existing regulatory assets
15 over the periods previously authorized by the
16 Commission;
17 (iv) as described in subsection (e),
18 amortization of costs incurred under this Section;
19 and
20 (v) projected, weather normalized billing
21 determinants for the applicable rate year.
22 (E) Provide for an annual reconciliation, as
23 described in paragraph (3) of this subsection (d),
24 less any deferred taxes related to the reconciliation,
25 with interest at an annual rate of return equal to the
26 utility's weighted average cost of capital, including
HB3595 Enrolled - 468 - LRB104 08153 BAB 18201 b
1 a revenue conversion factor calculated to recover or
2 refund all additional income taxes that may be payable
3 or receivable as a result of that return, of the energy
4 efficiency revenue requirement reflected in rates for
5 each calendar year, beginning with the calendar year
6 in which the utility files its energy efficiency
7 formula rate tariff under this paragraph (2), with
8 what the revenue requirement would have been had the
9 actual cost information for the applicable calendar
10 year been available at the filing date.
11 The utility shall file, together with its tariff, the
12 projected costs to be incurred by the utility during the
13 rate year under the utility's multi-year plan approved
14 under subsections (f) and (g) of this Section, including,
15 but not limited to, the projected capital investment costs
16 and projected regulatory asset balances with
17 correspondingly updated depreciation and amortization
18 reserves and expense, that shall populate the energy
19 efficiency formula rate and set the initial rates under
20 the formula.
21 The Commission shall review the proposed tariff in
22 conjunction with its review of a proposed multi-year plan,
23 as specified in paragraph (5) of subsection (g) of this
24 Section. The review shall be based on the same evidentiary
25 standards, including, but not limited to, those concerning
26 the prudence and reasonableness of the costs incurred by
HB3595 Enrolled - 469 - LRB104 08153 BAB 18201 b
1 the utility, the Commission applies in a hearing to review
2 a filing for a general increase in rates under Article IX
3 of this Act. The initial rates shall take effect beginning
4 with the January monthly billing period following the
5 Commission's approval.
6 The tariff's rate design and cost allocation across
7 customer classes shall be consistent with the utility's
8 automatic adjustment clause tariff in effect on June 1,
9 2017 (the effective date of Public Act 99-906); however,
10 the Commission may revise the tariff's rate design and
11 cost allocation in subsequent proceedings under paragraph
12 (3) of this subsection (d).
13 If the energy efficiency formula rate is terminated,
14 the then current rates shall remain in effect until such
15 time as the energy efficiency costs are incorporated into
16 new rates that are set under this subsection (d) or
17 Article IX of this Act, subject to retroactive rate
18 adjustment, with interest, to reconcile rates charged with
19 actual costs.
20 (3) The provisions of this paragraph (3) shall only
21 apply to an electric utility that has elected to file an
22 energy efficiency formula rate under paragraph (2) of this
23 subsection (d). Subsequent to the Commission's issuance of
24 an order approving the utility's energy efficiency formula
25 rate structure and protocols, and initial rates under
26 paragraph (2) of this subsection (d), the utility shall
HB3595 Enrolled - 470 - LRB104 08153 BAB 18201 b
1 file, on or before June 1 of each year, with the Chief
2 Clerk of the Commission its updated cost inputs to the
3 energy efficiency formula rate for the applicable rate
4 year and the corresponding new charges, as well as the
5 information described in paragraph (9) of subsection (g)
6 of this Section. Each such filing shall conform to the
7 following requirements and include the following
8 information:
9 (A) The inputs to the energy efficiency formula
10 rate for the applicable rate year shall be based on the
11 projected costs to be incurred by the utility during
12 the rate year under the utility's multi-year plan
13 approved under subsections (f) and (g) of this
14 Section, including, but not limited to, projected
15 capital investment costs and projected regulatory
16 asset balances with correspondingly updated
17 depreciation and amortization reserves and expense.
18 The filing shall also include a reconciliation of the
19 energy efficiency revenue requirement that was in
20 effect for the prior rate year (as set by the cost
21 inputs for the prior rate year) with the actual
22 revenue requirement for the prior rate year
23 (determined using a year-end rate base) that uses
24 amounts reflected in the applicable FERC Form 1 that
25 reports the actual costs for the prior rate year. Any
26 over-collection or under-collection indicated by such
HB3595 Enrolled - 471 - LRB104 08153 BAB 18201 b
1 reconciliation shall be reflected as a credit against,
2 or recovered as an additional charge to, respectively,
3 with interest calculated at a rate equal to the
4 utility's weighted average cost of capital approved by
5 the Commission for the prior rate year, the charges
6 for the applicable rate year. Such over-collection or
7 under-collection shall be adjusted to remove any
8 deferred taxes related to the reconciliation, for
9 purposes of calculating interest at an annual rate of
10 return equal to the utility's weighted average cost of
11 capital approved by the Commission for the prior rate
12 year, including a revenue conversion factor calculated
13 to recover or refund all additional income taxes that
14 may be payable or receivable as a result of that
15 return. Each reconciliation shall be certified by the
16 participating utility in the same manner that FERC
17 Form 1 is certified. The filing shall also include the
18 charge or credit, if any, resulting from the
19 calculation required by subparagraph (E) of paragraph
20 (2) of this subsection (d).
21 Notwithstanding any other provision of law to the
22 contrary, the intent of the reconciliation is to
23 ultimately reconcile both the revenue requirement
24 reflected in rates for each calendar year, beginning
25 with the calendar year in which the utility files its
26 energy efficiency formula rate tariff under paragraph
HB3595 Enrolled - 472 - LRB104 08153 BAB 18201 b
1 (2) of this subsection (d), with what the revenue
2 requirement determined using a year-end rate base for
3 the applicable calendar year would have been had the
4 actual cost information for the applicable calendar
5 year been available at the filing date.
6 For purposes of this Section, "FERC Form 1" means
7 the Annual Report of Major Electric Utilities,
8 Licensees and Others that electric utilities are
9 required to file with the Federal Energy Regulatory
10 Commission under the Federal Power Act, Sections 3,
11 4(a), 304 and 209, modified as necessary to be
12 consistent with 83 Ill. Adm. Code Part 415 as of May 1,
13 2011. Nothing in this Section is intended to allow
14 costs that are not otherwise recoverable to be
15 recoverable by virtue of inclusion in FERC Form 1.
16 (B) The new charges shall take effect beginning on
17 the first billing day of the following January billing
18 period and remain in effect through the last billing
19 day of the next December billing period regardless of
20 whether the Commission enters upon a hearing under
21 this paragraph (3).
22 (C) The filing shall include relevant and
23 necessary data and documentation for the applicable
24 rate year. Normalization adjustments shall not be
25 required.
26 Within 45 days after the utility files its annual
HB3595 Enrolled - 473 - LRB104 08153 BAB 18201 b
1 update of cost inputs to the energy efficiency formula
2 rate, the Commission shall with reasonable notice,
3 initiate a proceeding concerning whether the projected
4 costs to be incurred by the utility and recovered during
5 the applicable rate year, and that are reflected in the
6 inputs to the energy efficiency formula rate, are
7 consistent with the utility's approved multi-year plan
8 under subsections (f) and (g) of this Section and whether
9 the costs incurred by the utility during the prior rate
10 year were prudent and reasonable. The Commission shall
11 also have the authority to investigate the information and
12 data described in paragraph (9) of subsection (g) of this
13 Section, including the proposed adjustment to the
14 utility's return on equity component of its weighted
15 average cost of capital. During the course of the
16 proceeding, each objection shall be stated with
17 particularity and evidence provided in support thereof,
18 after which the utility shall have the opportunity to
19 rebut the evidence. Discovery shall be allowed consistent
20 with the Commission's Rules of Practice, which Rules of
21 Practice shall be enforced by the Commission or the
22 assigned administrative law judge. The Commission shall
23 apply the same evidentiary standards, including, but not
24 limited to, those concerning the prudence and
25 reasonableness of the costs incurred by the utility,
26 during the proceeding as it would apply in a proceeding to
HB3595 Enrolled - 474 - LRB104 08153 BAB 18201 b
1 review a filing for a general increase in rates under
2 Article IX of this Act. The Commission shall not, however,
3 have the authority in a proceeding under this paragraph
4 (3) to consider or order any changes to the structure or
5 protocols of the energy efficiency formula rate approved
6 under paragraph (2) of this subsection (d). In a
7 proceeding under this paragraph (3), the Commission shall
8 enter its order no later than the earlier of 195 days after
9 the utility's filing of its annual update of cost inputs
10 to the energy efficiency formula rate or December 15. The
11 utility's proposed return on equity calculation, as
12 described in paragraphs (7) through (9) of subsection (g)
13 of this Section, shall be deemed the final, approved
14 calculation on December 15 of the year in which it is filed
15 unless the Commission enters an order on or before
16 December 15, after notice and hearing, that modifies such
17 calculation consistent with this Section. The Commission's
18 determinations of the prudence and reasonableness of the
19 costs incurred, and determination of such return on equity
20 calculation, for the applicable calendar year shall be
21 final upon entry of the Commission's order and shall not
22 be subject to reopening, reexamination, or collateral
23 attack in any other Commission proceeding, case, docket,
24 order, rule, or regulation; however, nothing in this
25 paragraph (3) shall prohibit a party from petitioning the
26 Commission to rehear or appeal to the courts the order
HB3595 Enrolled - 475 - LRB104 08153 BAB 18201 b
1 under the provisions of this Act.
2 (e) Beginning on June 1, 2017 (the effective date of
3 Public Act 99-906), a utility subject to the requirements of
4 this Section may elect to defer, as a regulatory asset, up to
5 the full amount of its expenditures incurred under this
6 Section for each annual period, including, but not limited to,
7 any expenditures incurred above the funding level set by
8 subsection (f) of this Section for a given year. The total
9 expenditures deferred as a regulatory asset in a given year
10 shall be amortized and recovered over a period that is equal to
11 the weighted average of the energy efficiency measure lives
12 implemented for that year that are reflected in the regulatory
13 asset. The unamortized balance shall be recognized as of
14 December 31 for a given year. The utility shall also earn a
15 return on the total of the unamortized balances of all of the
16 energy efficiency regulatory assets, less any deferred taxes
17 related to those unamortized balances, at an annual rate equal
18 to the utility's weighted average cost of capital that
19 includes, based on a year-end capital structure, the utility's
20 actual cost of debt for the applicable calendar year and a cost
21 of equity, which shall be calculated as the sum of the (i) the
22 average for the applicable calendar year of the monthly
23 average yields of 30-year U.S. Treasury bonds published by the
24 Board of Governors of the Federal Reserve System in its weekly
25 H.15 Statistical Release or successor publication; and (ii)
26 580 basis points, including a revenue conversion factor
HB3595 Enrolled - 476 - LRB104 08153 BAB 18201 b
1 calculated to recover or refund all additional income taxes
2 that may be payable or receivable as a result of that return.
3 Capital investment costs shall be depreciated and recovered
4 over their useful lives consistent with generally accepted
5 accounting principles. The weighted average cost of capital
6 shall be applied to the capital investment cost balance, less
7 any accumulated depreciation and accumulated deferred income
8 taxes, as of December 31 for a given year.
9 When an electric utility creates a regulatory asset under
10 the provisions of this Section, the costs are recovered over a
11 period during which customers also receive a benefit which is
12 in the public interest. Accordingly, it is the intent of the
13 General Assembly that an electric utility that elects to
14 create a regulatory asset under the provisions of this Section
15 shall recover all of the associated costs as set forth in this
16 Section. After the Commission has approved the prudence and
17 reasonableness of the costs that comprise the regulatory
18 asset, the electric utility shall be permitted to recover all
19 such costs, and the value and recoverability through rates of
20 the associated regulatory asset shall not be limited, altered,
21 impaired, or reduced.
22 (f) Beginning in 2017, each electric utility shall file an
23 energy efficiency plan with the Commission to meet the energy
24 efficiency standards for the next applicable multi-year period
25 beginning January 1 of the year following the filing,
26 according to the schedule set forth in paragraphs (1) through
HB3595 Enrolled - 477 - LRB104 08153 BAB 18201 b
1 (3) of this subsection (f). If a utility does not file such a
2 plan on or before the applicable filing deadline for the plan,
3 it shall face a penalty of $100,000 per day until the plan is
4 filed.
5 (1) No later than 30 days after June 1, 2017 (the
6 effective date of Public Act 99-906), each electric
7 utility shall file a 4-year energy efficiency plan
8 commencing on January 1, 2018 that is designed to achieve
9 the cumulative persisting annual savings goals specified
10 in paragraphs (1) through (4) of subsection (b-5) of this
11 Section or in paragraphs (1) through (4) of subsection
12 (b-15) of this Section, as applicable, through
13 implementation of energy efficiency measures; however, the
14 goals may be reduced if the utility's expenditures are
15 limited pursuant to subsection (m) of this Section or, for
16 a utility that serves less than 3,000,000 retail
17 customers, if each of the following conditions are met:
18 (A) the plan's analysis and forecasts of the utility's
19 ability to acquire energy savings demonstrate that
20 achievement of such goals is not cost effective; and (B)
21 the amount of energy savings achieved by the utility as
22 determined by the independent evaluator for the most
23 recent year for which savings have been evaluated
24 preceding the plan filing was less than the average annual
25 amount of savings required to achieve the goals for the
26 applicable 4-year plan period. Except as provided in
HB3595 Enrolled - 478 - LRB104 08153 BAB 18201 b
1 subsection (m) of this Section, annual increases in
2 cumulative persisting annual savings goals during the
3 applicable 4-year plan period shall not be reduced to
4 amounts that are less than the maximum amount of
5 cumulative persisting annual savings that is forecast to
6 be cost-effectively achievable during the 4-year plan
7 period. The Commission shall review any proposed goal
8 reduction as part of its review and approval of the
9 utility's proposed plan.
10 (2) No later than March 1, 2021, each electric utility
11 shall file a 4-year energy efficiency plan commencing on
12 January 1, 2022 that is designed to achieve the cumulative
13 persisting annual savings goals specified in paragraphs
14 (5) through (8) of subsection (b-5) of this Section or in
15 paragraphs (5) through (8) of subsection (b-15) of this
16 Section, as applicable, through implementation of energy
17 efficiency measures; however, the goals may be reduced if
18 either (1) clear and convincing evidence demonstrates,
19 through independent analysis, that the expenditure limits
20 in subsection (m) of this Section preclude full
21 achievement of the goals or (2) each of the following
22 conditions are met: (A) the plan's analysis and forecasts
23 of the utility's ability to acquire energy savings
24 demonstrate by clear and convincing evidence and through
25 independent analysis that achievement of such goals is not
26 cost effective; and (B) the amount of energy savings
HB3595 Enrolled - 479 - LRB104 08153 BAB 18201 b
1 achieved by the utility as determined by the independent
2 evaluator for the most recent year for which savings have
3 been evaluated preceding the plan filing was less than the
4 average annual amount of savings required to achieve the
5 goals for the applicable 4-year plan period. If there is
6 not clear and convincing evidence that achieving the
7 savings goals specified in paragraph (b-5) or (b-15) of
8 this Section is possible both cost-effectively and within
9 the expenditure limits in subsection (m), such savings
10 goals shall not be reduced. Except as provided in
11 subsection (m) of this Section, annual increases in
12 cumulative persisting annual savings goals during the
13 applicable 4-year plan period shall not be reduced to
14 amounts that are less than the maximum amount of
15 cumulative persisting annual savings that is forecast to
16 be cost-effectively achievable during the 4-year plan
17 period. The Commission shall review any proposed goal
18 reduction as part of its review and approval of the
19 utility's proposed plan.
20 (3) No later than March 1, 2025, each electric utility
21 shall file a 4-year energy efficiency plan commencing on
22 January 1, 2026 that is designed to achieve the cumulative
23 persisting annual savings goals specified in paragraphs
24 (9) through (12) of subsection (b-5) of this Section or in
25 paragraphs (9) through (12) of subsection (b-15) of this
26 Section, as applicable, through implementation of energy
HB3595 Enrolled - 480 - LRB104 08153 BAB 18201 b
1 efficiency measures; however, the goals may be reduced if
2 either (1) clear and convincing evidence demonstrates,
3 through independent analysis, that the expenditure limits
4 in subsection (m) of this Section preclude full
5 achievement of the goals or (2) each of the following
6 conditions are met: (A) the plan's analysis and forecasts
7 of the utility's ability to acquire energy savings
8 demonstrate by clear and convincing evidence and through
9 independent 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
HB3595 Enrolled - 481 - LRB104 08153 BAB 18201 b
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 (4) No later than March 1, 2029, and every 4 years
5 thereafter, each electric utility shall file a 4-year
6 energy efficiency plan commencing on January 1, 2030, and
7 every 4 years thereafter, respectively, that is designed
8 to achieve the cumulative persisting annual savings goals
9 established by the Illinois Commerce Commission pursuant
10 to direction of subsections (b-5) and (b-15) of this
11 Section, as applicable, through implementation of energy
12 efficiency measures; however, the goals may be reduced if
13 either (1) clear and convincing evidence and independent
14 analysis demonstrates that the expenditure limits in
15 subsection (m) of this Section preclude full achievement
16 of the goals or (2) each of the following conditions are
17 met: (A) the plan's analysis and forecasts of the
18 utility's ability to acquire energy savings demonstrate by
19 clear and convincing evidence and through independent
20 analysis that achievement of such goals is not
21 cost-effective; and (B) the amount of energy savings
22 achieved by the utility as determined by the independent
23 evaluator for the most recent year for which savings have
24 been evaluated preceding the plan filing was less than the
25 average annual amount of savings required to achieve the
26 goals for the applicable 4-year plan period. If there is
HB3595 Enrolled - 482 - LRB104 08153 BAB 18201 b
1 not clear and convincing evidence that achieving the
2 savings goals specified in paragraphs (b-5) or (b-15) of
3 this Section is possible both cost-effectively and within
4 the expenditure limits in subsection (m), such savings
5 goals shall not be reduced. Except as provided in
6 subsection (m) of this Section, annual increases in
7 cumulative persisting annual savings goals during the
8 applicable 4-year plan period shall not be reduced to
9 amounts that are less than the maximum amount of
10 cumulative persisting annual savings that is forecast to
11 be cost-effectively achievable during the 4-year plan
12 period. The Commission shall review any proposed goal
13 reduction as part of its review and approval of the
14 utility's proposed plan.
15 Each utility's plan shall set forth the utility's
16 proposals to meet the energy efficiency standards identified
17 in subsection (b-5) or (b-15), as applicable and as such
18 standards may have been modified under this subsection (f),
19 taking into account the unique circumstances of the utility's
20 service territory. For those plans commencing on January 1,
21 2018, the Commission shall seek public comment on the
22 utility's plan and shall issue an order approving or
23 disapproving each plan no later than 105 days after June 1,
24 2017 (the effective date of Public Act 99-906). For those
25 plans commencing after December 31, 2021, the Commission shall
26 seek public comment on the utility's plan and shall issue an
HB3595 Enrolled - 483 - LRB104 08153 BAB 18201 b
1 order approving or disapproving each plan within 6 months
2 after its submission. If the Commission disapproves a plan,
3 the Commission shall, within 30 days, describe in detail the
4 reasons for the disapproval and describe a path by which the
5 utility may file a revised draft of the plan to address the
6 Commission's concerns satisfactorily. If the utility does not
7 refile with the Commission within 60 days, the utility shall
8 be subject to penalties at a rate of $100,000 per day until the
9 plan is filed. This process shall continue, and penalties
10 shall accrue, until the utility has successfully filed a
11 portfolio of energy efficiency and demand-response measures.
12 Penalties shall be deposited into the Energy Efficiency Trust
13 Fund.
14 (g) In submitting proposed plans and funding levels under
15 subsection (f) of this Section to meet the savings goals
16 identified in subsection (b-5) or (b-15) of this Section, as
17 applicable, the utility shall:
18 (1) Demonstrate that its proposed energy efficiency
19 measures will achieve the applicable requirements that are
20 identified in subsection (b-5) or (b-15) of this Section,
21 as modified by subsection (f) of this Section.
22 (2) (Blank).
23 (2.5) Demonstrate consideration of program options for
24 (A) advancing new building codes, appliance standards, and
25 municipal regulations governing existing and new building
26 efficiency improvements and (B) supporting efforts to
HB3595 Enrolled - 484 - LRB104 08153 BAB 18201 b
1 improve compliance with new building codes, appliance
2 standards and municipal regulations, as potentially
3 cost-effective means of acquiring energy savings to count
4 toward savings goals.
5 (3) Demonstrate that its overall portfolio of
6 measures, not including low-income programs described in
7 subsection (c) of this Section, is cost-effective using
8 the total resource cost test or complies with paragraphs
9 (1) through (3) of subsection (f) of this Section and
10 represents a diverse cross-section of opportunities for
11 customers of all rate classes, other than those customers
12 described in subsection (l) of this Section, to
13 participate in the programs. Individual measures need not
14 be cost effective.
15 (3.5) Demonstrate that the utility's plan integrates
16 the delivery of energy efficiency programs with natural
17 gas efficiency programs, programs promoting distributed
18 solar, programs promoting demand response and other
19 efforts to address bill payment issues, including, but not
20 limited to, LIHEAP and the Percentage of Income Payment
21 Plan, to the extent such integration is practical and has
22 the potential to enhance customer engagement, minimize
23 market confusion, or reduce administrative costs.
24 (4) Present a third-party energy efficiency
25 implementation program subject to the following
26 requirements:
HB3595 Enrolled - 485 - LRB104 08153 BAB 18201 b
1 (A) beginning with the year commencing January 1,
2 2019, electric utilities that serve more than
3 3,000,000 retail customers in the State shall fund
4 third-party energy efficiency programs in an amount
5 that is no less than $25,000,000 per year, and
6 electric utilities that serve less than 3,000,000
7 retail customers but more than 500,000 retail
8 customers in the State shall fund third-party energy
9 efficiency programs in an amount that is no less than
10 $8,350,000 per year;
11 (B) during 2018, the utility shall conduct a
12 solicitation process for purposes of requesting
13 proposals from third-party vendors for those
14 third-party energy efficiency programs to be offered
15 during one or more of the years commencing January 1,
16 2019, January 1, 2020, and January 1, 2021; for those
17 multi-year plans commencing on January 1, 2022 and
18 January 1, 2026, the utility shall conduct a
19 solicitation process during 2021 and 2025,
20 respectively, for purposes of requesting proposals
21 from third-party vendors for those third-party energy
22 efficiency programs to be offered during one or more
23 years of the respective multi-year plan period; for
24 each solicitation process, the utility shall identify
25 the sector, technology, or geographical area for which
26 it is seeking requests for proposals; the solicitation
HB3595 Enrolled - 486 - LRB104 08153 BAB 18201 b
1 process must be either for programs that fill gaps in
2 the utility's program portfolio and for programs that
3 target low-income customers, business sectors,
4 building types, geographies, or other specific parts
5 of its customer base with initiatives that would be
6 more effective at reaching these customer segments
7 than the utilities' programs filed in its energy
8 efficiency plans;
9 (C) the utility shall propose the bidder
10 qualifications, performance measurement process, and
11 contract structure, which must include a performance
12 payment mechanism and general terms and conditions;
13 the proposed qualifications, process, and structure
14 shall be subject to Commission approval; and
15 (D) the utility shall retain an independent third
16 party to score the proposals received through the
17 solicitation process described in this paragraph (4),
18 rank them according to their cost per lifetime
19 kilowatt-hours saved, and assemble the portfolio of
20 third-party programs.
21 The electric utility shall recover all costs
22 associated with Commission-approved, third-party
23 administered programs regardless of the success of those
24 programs.
25 (4.5) Implement cost-effective demand-response
26 measures to reduce peak demand by 0.1% over the prior year
HB3595 Enrolled - 487 - LRB104 08153 BAB 18201 b
1 for eligible retail customers, as defined in Section
2 16-111.5 of this Act, and for customers that elect hourly
3 service from the utility pursuant to Section 16-107 of
4 this Act, provided those customers have not been declared
5 competitive. This requirement continues until December 31,
6 2026.
7 (5) Include a proposed or revised cost-recovery tariff
8 mechanism, as provided for under subsection (d) of this
9 Section, to fund the proposed energy efficiency and
10 demand-response measures and to ensure the recovery of the
11 prudently and reasonably incurred costs of
12 Commission-approved programs.
13 (6) Provide for an annual independent evaluation of
14 the performance of the cost-effectiveness of the utility's
15 portfolio of measures, as well as a full review of the
16 multi-year plan results of the broader net program impacts
17 and, to the extent practical, for adjustment of the
18 measures on a going-forward basis as a result of the
19 evaluations. The resources dedicated to evaluation shall
20 not exceed 3% of portfolio resources in any given year.
21 (7) For electric utilities that serve more than
22 3,000,000 retail customers in the State:
23 (A) Through December 31, 2025, provide for an
24 adjustment to the return on equity component of the
25 utility's weighted average cost of capital calculated
26 under subsection (d) of this Section:
HB3595 Enrolled - 488 - LRB104 08153 BAB 18201 b
1 (i) If the independent evaluator determines
2 that the utility achieved a cumulative persisting
3 annual savings that is less than the applicable
4 annual incremental goal, then the return on equity
5 component shall be reduced by a maximum of 200
6 basis points in the event that the utility
7 achieved no more than 75% of such goal. If the
8 utility achieved more than 75% of the applicable
9 annual incremental goal but less than 100% of such
10 goal, then the return on equity component shall be
11 reduced by 8 basis points for each percent by
12 which the utility failed to achieve the goal.
13 (ii) If the independent evaluator determines
14 that the utility achieved a cumulative persisting
15 annual savings that is more than the applicable
16 annual incremental goal, then the return on equity
17 component shall be increased by a maximum of 200
18 basis points in the event that the utility
19 achieved at least 125% of such goal. If the
20 utility achieved more than 100% of the applicable
21 annual incremental goal but less than 125% of such
22 goal, then the return on equity component shall be
23 increased by 8 basis points for each percent by
24 which the utility achieved above the goal. If the
25 applicable annual incremental goal was reduced
26 under paragraph (1) or (2) of subsection (f) of
HB3595 Enrolled - 489 - LRB104 08153 BAB 18201 b
1 this Section, then the following adjustments shall
2 be made to the calculations described in this item
3 (ii):
4 (aa) the calculation for determining
5 achievement that is at least 125% of the
6 applicable annual incremental goal shall use
7 the unreduced applicable annual incremental
8 goal to set the value; and
9 (bb) the calculation for determining
10 achievement that is less than 125% but more
11 than 100% of the applicable annual incremental
12 goal shall use the reduced applicable annual
13 incremental goal to set the value for 100%
14 achievement of the goal and shall use the
15 unreduced goal to set the value for 125%
16 achievement. The 8 basis point value shall
17 also be modified, as necessary, so that the
18 200 basis points are evenly apportioned among
19 each percentage point value between 100% and
20 125% achievement.
21 (B) For the period January 1, 2026 through
22 December 31, 2029 and in all subsequent 4-year
23 periods, provide for an adjustment to the return on
24 equity component of the utility's weighted average
25 cost of capital calculated under subsection (d) of
26 this Section:
HB3595 Enrolled - 490 - LRB104 08153 BAB 18201 b
1 (i) If the independent evaluator determines
2 that the utility achieved a cumulative persisting
3 annual savings that is less than the applicable
4 annual incremental goal, then the return on equity
5 component shall be reduced by a maximum of 200
6 basis points in the event that the utility
7 achieved no more than 66% of such goal. If the
8 utility achieved more than 66% of the applicable
9 annual incremental goal but less than 100% of such
10 goal, then the return on equity component shall be
11 reduced by 6 basis points for each percent by
12 which the utility failed to achieve the goal.
13 (ii) If the independent evaluator determines
14 that the utility achieved a cumulative persisting
15 annual savings that is more than the applicable
16 annual incremental goal, then the return on equity
17 component shall be increased by a maximum of 200
18 basis points in the event that the utility
19 achieved at least 134% of such goal. If the
20 utility achieved more than 100% of the applicable
21 annual incremental goal but less than 134% of such
22 goal, then the return on equity component shall be
23 increased by 6 basis points for each percent by
24 which the utility achieved above the goal. If the
25 applicable annual incremental goal was reduced
26 under paragraph (3) of subsection (f) of this
HB3595 Enrolled - 491 - LRB104 08153 BAB 18201 b
1 Section, then the following adjustments shall be
2 made to the calculations described in this item
3 (ii):
4 (aa) the calculation for determining
5 achievement that is at least 134% of the
6 applicable annual incremental goal shall use
7 the unreduced applicable annual incremental
8 goal to set the value; and
9 (bb) the calculation for determining
10 achievement that is less than 134% but more
11 than 100% of the applicable annual incremental
12 goal shall use the reduced applicable annual
13 incremental goal to set the value for 100%
14 achievement of the goal and shall use the
15 unreduced goal to set the value for 134%
16 achievement. The 6 basis point value shall
17 also be modified, as necessary, so that the
18 200 basis points are evenly apportioned among
19 each percentage point value between 100% and
20 134% achievement.
21 (C) Notwithstanding the provisions of
22 subparagraphs (A) and (B) of this paragraph (7), if
23 the applicable annual incremental goal for an electric
24 utility is ever less than 0.6% of deemed average
25 weather normalized sales of electric power and energy
26 during calendar years 2014, 2015, and 2016, an
HB3595 Enrolled - 492 - LRB104 08153 BAB 18201 b
1 adjustment to the return on equity component of the
2 utility's weighted average cost of capital calculated
3 under subsection (d) of this Section shall be made as
4 follows:
5 (i) If the independent evaluator determines
6 that the utility achieved a cumulative persisting
7 annual savings that is less than would have been
8 achieved had the applicable annual incremental
9 goal been achieved, then the return on equity
10 component shall be reduced by a maximum of 200
11 basis points if the utility achieved no more than
12 75% of its applicable annual total savings
13 requirement as defined in paragraph (7.5) of this
14 subsection. If the utility achieved more than 75%
15 of the applicable annual total savings requirement
16 but less than 100% of such goal, then the return on
17 equity component shall be reduced by 8 basis
18 points for each percent by which the utility
19 failed to achieve the goal.
20 (ii) If the independent evaluator determines
21 that the utility achieved a cumulative persisting
22 annual savings that is more than would have been
23 achieved had the applicable annual incremental
24 goal been achieved, then the return on equity
25 component shall be increased by a maximum of 200
26 basis points if the utility achieved at least 125%
HB3595 Enrolled - 493 - LRB104 08153 BAB 18201 b
1 of its applicable annual total savings
2 requirement. If the utility achieved more than
3 100% of the applicable annual total savings
4 requirement but less than 125% of such goal, then
5 the return on equity component shall be increased
6 by 8 basis points for each percent by which the
7 utility achieved above the applicable annual total
8 savings requirement. If the applicable annual
9 incremental goal was reduced under paragraph (1)
10 or (2) of subsection (f) of this Section, then the
11 following adjustments shall be made to the
12 calculations described in this item (ii):
13 (aa) the calculation for determining
14 achievement that is at least 125% of the
15 applicable annual total savings requirement
16 shall use the unreduced applicable annual
17 incremental goal to set the value; and
18 (bb) the calculation for determining
19 achievement that is less than 125% but more
20 than 100% of the applicable annual total
21 savings requirement shall use the reduced
22 applicable annual incremental goal to set the
23 value for 100% achievement of the goal and
24 shall use the unreduced goal to set the value
25 for 125% achievement. The 8 basis point value
26 shall also be modified, as necessary, so that
HB3595 Enrolled - 494 - LRB104 08153 BAB 18201 b
1 the 200 basis points are evenly apportioned
2 among each percentage point value between 100%
3 and 125% achievement.
4 (7.5) For purposes of this Section, the term
5 "applicable annual incremental goal" means the difference
6 between the cumulative persisting annual savings goal for
7 the calendar year that is the subject of the independent
8 evaluator's determination and the cumulative persisting
9 annual savings goal for the immediately preceding calendar
10 year, as such goals are defined in subsections (b-5) and
11 (b-15) of this Section and as these goals may have been
12 modified as provided for under subsection (b-20) and
13 paragraphs (1) through (3) of subsection (f) of this
14 Section. Under subsections (b), (b-5), (b-10), and (b-15)
15 of this Section, a utility must first replace energy
16 savings from measures that have expired before any
17 progress towards achievement of its applicable annual
18 incremental goal may be counted. Savings may expire
19 because measures installed in previous years have reached
20 the end of their lives, because measures installed in
21 previous years are producing lower savings in the current
22 year than in the previous year, or for other reasons
23 identified by independent evaluators. Notwithstanding
24 anything else set forth in this Section, the difference
25 between the actual annual incremental savings achieved in
26 any given year, including the replacement of energy
HB3595 Enrolled - 495 - LRB104 08153 BAB 18201 b
1 savings that have expired, and the applicable annual
2 incremental goal shall not affect adjustments to the
3 return on equity for subsequent calendar years under this
4 subsection (g).
5 In this Section, "applicable annual total savings
6 requirement" means the total amount of new annual savings
7 that the utility must achieve in any given year to achieve
8 the applicable annual incremental goal. This is equal to
9 the applicable annual incremental goal plus the total new
10 annual savings that are required to replace savings that
11 expired in or at the end of the previous year.
12 (8) For electric utilities that serve less than
13 3,000,000 retail customers but more than 500,000 retail
14 customers in the State:
15 (A) Through December 31, 2025, the applicable
16 annual incremental goal shall be compared to the
17 annual incremental savings as determined by the
18 independent evaluator.
19 (i) The return on equity component shall be
20 reduced by 8 basis points for each percent by
21 which the utility did not achieve 84.4% of the
22 applicable annual incremental goal.
23 (ii) The return on equity component shall be
24 increased by 8 basis points for each percent by
25 which the utility exceeded 100% of the applicable
26 annual incremental goal.
HB3595 Enrolled - 496 - LRB104 08153 BAB 18201 b
1 (iii) The return on equity component shall not
2 be increased or decreased if the annual
3 incremental savings as determined by the
4 independent evaluator is greater than 84.4% of the
5 applicable annual incremental goal and less than
6 100% of the applicable annual incremental goal.
7 (iv) The return on equity component shall not
8 be increased or decreased by an amount greater
9 than 200 basis points pursuant to this
10 subparagraph (A).
11 (B) For the period of January 1, 2026 through
12 December 31, 2029 and in all subsequent 4-year
13 periods, the applicable annual incremental goal shall
14 be compared to the annual incremental savings as
15 determined by the independent evaluator.
16 (i) The return on equity component shall be
17 reduced by 6 basis points for each percent by
18 which the utility did not achieve 100% of the
19 applicable annual incremental goal.
20 (ii) The return on equity component shall be
21 increased by 6 basis points for each percent by
22 which the utility exceeded 100% of the applicable
23 annual incremental goal.
24 (iii) The return on equity component shall not
25 be increased or decreased by an amount greater
26 than 200 basis points pursuant to this
HB3595 Enrolled - 497 - LRB104 08153 BAB 18201 b
1 subparagraph (B).
2 (C) Notwithstanding provisions in subparagraphs
3 (A) and (B) of paragraph (7) of this subsection, if the
4 applicable annual incremental goal for an electric
5 utility is ever less than 0.6% of deemed average
6 weather normalized sales of electric power and energy
7 during calendar years 2014, 2015 and 2016, an
8 adjustment to the return on equity component of the
9 utility's weighted average cost of capital calculated
10 under subsection (d) of this Section shall be made as
11 follows:
12 (i) The return on equity component shall be
13 reduced by 8 basis points for each percent by
14 which the utility did not achieve 100% of the
15 applicable annual total savings requirement.
16 (ii) The return on equity component shall be
17 increased by 8 basis points for each percent by
18 which the utility exceeded 100% of the applicable
19 annual total savings requirement.
20 (iii) The return on equity component shall not
21 be increased or decreased by an amount greater
22 than 200 basis points pursuant to this
23 subparagraph (C).
24 (D) If the applicable annual incremental goal was
25 reduced under paragraph (1), (2), (3), or (4) of
26 subsection (f) of this Section, then the following
HB3595 Enrolled - 498 - LRB104 08153 BAB 18201 b
1 adjustments shall be made to the calculations
2 described in subparagraphs (A), (B), and (C) of this
3 paragraph (8):
4 (i) The calculation for determining
5 achievement that is at least 125% or 134%, as
6 applicable, of the applicable annual incremental
7 goal or the applicable annual total savings
8 requirement, as applicable, shall use the
9 unreduced applicable annual incremental goal to
10 set the value.
11 (ii) For the period through December 31, 2025,
12 the calculation for determining achievement that
13 is less than 125% but more than 100% of the
14 applicable annual incremental goal or the
15 applicable annual total savings requirement, as
16 applicable, shall use the reduced applicable
17 annual incremental goal to set the value for 100%
18 achievement of the goal and shall use the
19 unreduced goal to set the value for 125%
20 achievement. The 8 basis point value shall also be
21 modified, as necessary, so that the 200 basis
22 points are evenly apportioned among each
23 percentage point value between 100% and 125%
24 achievement.
25 (iii) For the period of January 1, 2026
26 through December 31, 2029 and all subsequent
HB3595 Enrolled - 499 - LRB104 08153 BAB 18201 b
1 4-year periods, the calculation for determining
2 achievement that is less than 125% or 134%, as
3 applicable, but more than 100% of the applicable
4 annual incremental goal or the applicable annual
5 total savings requirement, as applicable, shall
6 use the reduced applicable annual incremental goal
7 to set the value for 100% achievement of the goal
8 and shall use the unreduced goal to set the value
9 for 125% achievement. The 6 basis-point value or 8
10 basis-point value, as applicable, shall also be
11 modified, as necessary, so that the 200 basis
12 points are evenly apportioned among each
13 percentage point value between 100% and 125% or
14 between 100% and 134% achievement, as applicable.
15 (9) The utility shall submit the energy savings data
16 to the independent evaluator no later than 30 days after
17 the close of the plan year. The independent evaluator
18 shall determine the cumulative persisting annual savings
19 for a given plan year, as well as an estimate of job
20 impacts and other macroeconomic impacts of the efficiency
21 programs for that year, no later than 120 days after the
22 close of the plan year. The utility shall submit an
23 informational filing to the Commission no later than 160
24 days after the close of the plan year that attaches the
25 independent evaluator's final report identifying the
26 cumulative persisting annual savings for the year and
HB3595 Enrolled - 500 - LRB104 08153 BAB 18201 b
1 calculates, under paragraph (7) or (8) of this subsection
2 (g), as applicable, any resulting change to the utility's
3 return on equity component of the weighted average cost of
4 capital applicable to the next plan year beginning with
5 the January monthly billing period and extending through
6 the December monthly billing period. However, if the
7 utility recovers the costs incurred under this Section
8 under paragraphs (2) and (3) of subsection (d) of this
9 Section, then the utility shall not be required to submit
10 such informational filing, and shall instead submit the
11 information that would otherwise be included in the
12 informational filing as part of its filing under paragraph
13 (3) of such subsection (d) that is due on or before June 1
14 of each year.
15 For those utilities that must submit the informational
16 filing, the Commission may, on its own motion or by
17 petition, initiate an investigation of such filing,
18 provided, however, that the utility's proposed return on
19 equity calculation shall be deemed the final, approved
20 calculation on December 15 of the year in which it is filed
21 unless the Commission enters an order on or before
22 December 15, after notice and hearing, that modifies such
23 calculation consistent with this Section.
24 The adjustments to the return on equity component
25 described in paragraphs (7) and (8) of this subsection (g)
26 shall be applied as described in such paragraphs through a
HB3595 Enrolled - 501 - LRB104 08153 BAB 18201 b
1 separate tariff mechanism, which shall be filed by the
2 utility under subsections (f) and (g) of this Section.
3 (9.5) The utility must demonstrate how it will ensure
4 that program implementation contractors and energy
5 efficiency installation vendors will promote workforce
6 equity and quality jobs.
7 (9.6) Utilities shall collect data necessary to ensure
8 compliance with paragraph (9.5) no less than quarterly and
9 shall communicate progress toward compliance with
10 paragraph (9.5) to program implementation contractors and
11 energy efficiency installation vendors no less than
12 quarterly. Utilities shall work with relevant vendors,
13 providing education, training, and other resources needed
14 to ensure compliance and, where necessary, adjusting or
15 terminating work with vendors that cannot assist with
16 compliance.
17 (10) Utilities required to implement efficiency
18 programs under subsections (b-5) and (b-10) shall report
19 annually to the Illinois Commerce Commission and the
20 General Assembly on how hiring, contracting, job training,
21 and other practices related to its energy efficiency
22 programs enhance the diversity of vendors working on such
23 programs. These reports must include data on vendor and
24 employee diversity, including data on the implementation
25 of paragraphs (9.5) and (9.6). If the utility is not
26 meeting the requirements of paragraphs (9.5) and (9.6),
HB3595 Enrolled - 502 - LRB104 08153 BAB 18201 b
1 the utility shall submit a plan to adjust their activities
2 so that they meet the requirements of paragraphs (9.5) and
3 (9.6) within the following year.
4 (h) No more than 4% of energy efficiency and
5 demand-response program revenue may be allocated for research,
6 development, or pilot deployment of new equipment or measures.
7 Electric utilities shall work with interested stakeholders to
8 formulate a plan for how these funds should be spent,
9 incorporate statewide approaches for these allocations, and
10 file a 4-year plan that demonstrates that collaboration. If a
11 utility files a request for modified annual energy savings
12 goals with the Commission, then a utility shall forgo spending
13 portfolio dollars on research and development proposals.
14 (i) When practicable, electric utilities shall incorporate
15 advanced metering infrastructure data into the planning,
16 implementation, and evaluation of energy efficiency measures
17 and programs, subject to the data privacy and confidentiality
18 protections of applicable law.
19 (j) The independent evaluator shall follow the guidelines
20 and use the savings set forth in Commission-approved energy
21 efficiency policy manuals and technical reference manuals, as
22 each may be updated from time to time. Until such time as
23 measure life values for energy efficiency measures implemented
24 for low-income households under subsection (c) of this Section
25 are incorporated into such Commission-approved manuals, the
26 low-income measures shall have the same measure life values
HB3595 Enrolled - 503 - LRB104 08153 BAB 18201 b
1 that are established for same measures implemented in
2 households that are not low-income households.
3 (k) Notwithstanding any provision of law to the contrary,
4 an electric utility subject to the requirements of this
5 Section may file a tariff cancelling an automatic adjustment
6 clause tariff in effect under this Section or Section 8-103,
7 which shall take effect no later than one business day after
8 the date such tariff is filed. Thereafter, the utility shall
9 be authorized to defer and recover its expenditures incurred
10 under this Section through a new tariff authorized under
11 subsection (d) of this Section or in the utility's next rate
12 case under Article IX or Section 16-108.5 of this Act, with
13 interest at an annual rate equal to the utility's weighted
14 average cost of capital as approved by the Commission in such
15 case. If the utility elects to file a new tariff under
16 subsection (d) of this Section, the utility may file the
17 tariff within 10 days after June 1, 2017 (the effective date of
18 Public Act 99-906), and the cost inputs to such tariff shall be
19 based on the projected costs to be incurred by the utility
20 during the calendar year in which the new tariff is filed and
21 that were not recovered under the tariff that was cancelled as
22 provided for in this subsection. Such costs shall include
23 those incurred or to be incurred by the utility under its
24 multi-year plan approved under subsections (f) and (g) of this
25 Section, including, but not limited to, projected capital
26 investment costs and projected regulatory asset balances with
HB3595 Enrolled - 504 - LRB104 08153 BAB 18201 b
1 correspondingly updated depreciation and amortization reserves
2 and expense. The Commission shall, after notice and hearing,
3 approve, or approve with modification, such tariff and cost
4 inputs no later than 75 days after the utility filed the
5 tariff, provided that such approval, or approval with
6 modification, shall be consistent with the provisions of this
7 Section to the extent they do not conflict with this
8 subsection (k). The tariff approved by the Commission shall
9 take effect no later than 5 days after the Commission enters
10 its order approving the tariff.
11 No later than 60 days after the effective date of the
12 tariff cancelling the utility's automatic adjustment clause
13 tariff, the utility shall file a reconciliation that
14 reconciles the moneys collected under its automatic adjustment
15 clause tariff with the costs incurred during the period
16 beginning June 1, 2016 and ending on the date that the electric
17 utility's automatic adjustment clause tariff was cancelled. In
18 the event the reconciliation reflects an under-collection, the
19 utility shall recover the costs as specified in this
20 subsection (k). If the reconciliation reflects an
21 over-collection, the utility shall apply the amount of such
22 over-collection as a one-time credit to retail customers'
23 bills.
24 (l) For the calendar years covered by a multi-year plan
25 commencing after December 31, 2017, subsections (a) through
26 (j) of this Section do not apply to eligible large private
HB3595 Enrolled - 505 - LRB104 08153 BAB 18201 b
1 energy customers that have chosen to opt out of multi-year
2 plans consistent with this subsection (1).
3 (1) For purposes of this subsection (l), "eligible
4 large private energy customer" means any retail customers,
5 except for federal, State, municipal, and other public
6 customers, of an electric utility that serves more than
7 3,000,000 retail customers, except for federal, State,
8 municipal and other public customers, in the State and
9 whose total highest 30 minute demand was more than 10,000
10 kilowatts, or any retail customers of an electric utility
11 that serves less than 3,000,000 retail customers but more
12 than 500,000 retail customers in the State and whose total
13 highest 15 minute demand was more than 10,000 kilowatts.
14 For purposes of this subsection (l), "retail customer" has
15 the meaning set forth in Section 16-102 of this Act.
16 However, for a business entity with multiple sites located
17 in the State, where at least one of those sites qualifies
18 as an eligible large private energy customer, then any of
19 that business entity's sites, properly identified on a
20 form for notice, shall be considered eligible large
21 private energy customers for the purposes of this
22 subsection (l). A determination of whether this subsection
23 is applicable to a customer shall be made for each
24 multi-year plan beginning after December 31, 2017. The
25 criteria for determining whether this subsection (l) is
26 applicable to a retail customer shall be based on the 12
HB3595 Enrolled - 506 - LRB104 08153 BAB 18201 b
1 consecutive billing periods prior to the start of the
2 first year of each such multi-year plan.
3 (2) Within 45 days after September 15, 2021 (the
4 effective date of Public Act 102-662), the Commission
5 shall prescribe the form for notice required for opting
6 out of energy efficiency programs. The notice must be
7 submitted to the retail electric utility 12 months before
8 the next energy efficiency planning cycle. However, within
9 120 days after the Commission's initial issuance of the
10 form for notice, eligible large private energy customers
11 may submit a form for notice to an electric utility. The
12 form for notice for opting out of energy efficiency
13 programs shall include all of the following:
14 (A) a statement indicating that the customer has
15 elected to opt out;
16 (B) the account numbers for the customer accounts
17 to which the opt out shall apply;
18 (C) the mailing address associated with the
19 customer accounts identified under subparagraph (B);
20 (D) an American Society of Heating, Refrigerating,
21 and Air-Conditioning Engineers (ASHRAE) level 2 or
22 higher audit report conducted by an independent
23 third-party expert identifying cost-effective energy
24 efficiency project opportunities that could be
25 invested in over the next 10 years. A retail customer
26 with specialized processes may utilize a self-audit
HB3595 Enrolled - 507 - LRB104 08153 BAB 18201 b
1 process in lieu of the ASHRAE audit;
2 (E) a description of the customer's plans to
3 reallocate the funds toward internal energy efficiency
4 efforts identified in the subparagraph (D) report,
5 including, but not limited to: (i) strategic energy
6 management or other programs, including descriptions
7 of targeted buildings, equipment and operations; (ii)
8 eligible energy efficiency measures; and (iii)
9 expected energy savings, itemized by technology. If
10 the subparagraph (D) audit report identifies that the
11 customer currently utilizes the best available energy
12 efficient technology, equipment, programs, and
13 operations, the customer may provide a statement that
14 more efficient technology, equipment, programs, and
15 operations are not reasonably available as a means of
16 satisfying this subparagraph (E); and
17 (F) the effective date of the opt out, which will
18 be the next January 1 following notice of the opt out.
19 (3) Upon receipt of a properly and timely noticed
20 request for opt out submitted by an eligible large private
21 energy customer, the retail electric utility shall grant
22 the request, file the request with the Commission and,
23 beginning January 1 of the following year, the opted out
24 customer shall no longer be assessed the costs of the plan
25 and shall be prohibited from participating in that 4-year
26 plan cycle to give the retail utility the certainty to
HB3595 Enrolled - 508 - LRB104 08153 BAB 18201 b
1 design program plan proposals.
2 (4) Upon a customer's election to opt out under
3 paragraphs (1) and (2) of this subsection (l) and
4 commencing on the effective date of said opt out, the
5 account properly identified in the customer's notice under
6 paragraph (2) shall not be subject to any cost recovery
7 and shall not be eligible to participate in, or directly
8 benefit from, compliance with energy efficiency cumulative
9 persisting savings requirements under subsections (a)
10 through (j).
11 (5) A utility's cumulative persisting annual savings
12 targets will exclude any opted out load.
13 (6) The request to opt out is only valid for the
14 requested plan cycle. An eligible large private energy
15 customer must also request to opt out for future energy
16 plan cycles, otherwise the customer will be included in
17 the future energy plan cycle.
18 (m) Notwithstanding the requirements of this Section, as
19 part of a proceeding to approve a multi-year plan under
20 subsections (f) and (g) of this Section if the multi-year plan
21 has been designed to maximize savings, but does not meet the
22 cost cap limitations of this Section, the Commission shall
23 reduce the amount of energy efficiency measures implemented
24 for any single year, and whose costs are recovered under
25 subsection (d) of this Section, by an amount necessary to
26 limit the estimated average net increase due to the cost of the
HB3595 Enrolled - 509 - LRB104 08153 BAB 18201 b
1 measures to no more than
2 (1) 3.5% for each of the 4 years beginning January 1,
3 2018,
4 (2) (blank),
5 (3) 4% for each of the 4 years beginning January 1,
6 2022,
7 (4) 4.25% for the 4 years beginning January 1, 2026,
8 and
9 (5) 4.25% plus an increase sufficient to account for
10 the rate of inflation between January 1, 2026 and January
11 1 of the first year of each subsequent 4-year plan cycle,
12 of the average amount paid per kilowatthour by residential
13 eligible retail customers during calendar year 2015. An
14 electric utility may plan to spend up to 10% more in any year
15 during an applicable multi-year plan period to
16 cost-effectively achieve additional savings so long as the
17 average over the applicable multi-year plan period does not
18 exceed the percentages defined in items (1) through (5). To
19 determine the total amount that may be spent by an electric
20 utility in any single year, the applicable percentage of the
21 average amount paid per kilowatthour shall be multiplied by
22 the total amount of energy delivered by such electric utility
23 in the calendar year 2015, adjusted to reflect the proportion
24 of the utility's load attributable to customers that have
25 opted out of subsections (a) through (j) of this Section under
26 subsection (l) of this Section. For purposes of this
HB3595 Enrolled - 510 - LRB104 08153 BAB 18201 b
1 subsection (m), the amount paid per kilowatthour includes,
2 without limitation, estimated amounts paid for supply,
3 transmission, distribution, surcharges, and add-on taxes. For
4 purposes of this Section, "eligible retail customers" shall
5 have the meaning set forth in Section 16-111.5 of this Act.
6 Once the Commission has approved a plan under subsections (f)
7 and (g) of this Section, no subsequent rate impact
8 determinations shall be made.
9 (n) A utility shall take advantage of the efficiencies
10 available through existing Illinois Home Weatherization
11 Assistance Program infrastructure and services, such as
12 enrollment, marketing, quality assurance and implementation,
13 which can reduce the need for similar services at a lower cost
14 than utility-only programs, subject to capacity constraints at
15 community action agencies, for both single-family and
16 multifamily weatherization services, to the extent Illinois
17 Home Weatherization Assistance Program community action
18 agencies provide multifamily services. A utility's plan shall
19 demonstrate that in formulating annual weatherization budgets,
20 it has sought input and coordination with community action
21 agencies regarding agencies' capacity to expand and maximize
22 Illinois Home Weatherization Assistance Program delivery using
23 the ratepayer dollars collected under this Section.
24 (Source: P.A. 102-662, eff. 9-15-21; 103-154, eff. 6-30-23;
25 103-613, eff. 7-1-24.)
HB3595 Enrolled - 511 - LRB104 08153 BAB 18201 b
1 (Text of Section after amendment by P.A. 104-458)
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.
HB3595 Enrolled - 512 - LRB104 08153 BAB 18201 b
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, through calendar year
5 2026, electric utilities subject to this Section that serve
6 more than 3,000,000 retail customers in the State shall be
7 deemed to have achieved a cumulative persisting annual savings
8 of 6.6% from energy efficiency measures and programs
9 implemented during the period beginning January 1, 2012 and
10 ending December 31, 2017, which percent is based on the deemed
11 average weather normalized sales of electric power and energy
12 during calendar years 2014, 2015, and 2016 of 88,000,000 MWhs.
13 For the purposes of this subsection (b) and subsection (b-5),
14 the 88,000,000 MWhs of deemed electric power and energy sales
15 shall be reduced by the number of MWhs equal to the sum of the
16 annual consumption of customers that have opted out of
17 subsections (a) through (j) of this Section under paragraph
18 (1) of subsection (l) of this Section, as averaged across the
19 calendar years 2014, 2015, and 2016. After 2017, the deemed
20 value of cumulative persisting annual savings from energy
21 efficiency measures and programs implemented during the period
22 beginning January 1, 2012 and ending December 31, 2017, shall
23 be reduced each year, as follows, and the applicable value
24 shall be applied to and count toward the utility's achievement
25 of the cumulative persisting annual savings goals set forth in
26 subsection (b-5):
HB3595 Enrolled - 513 - LRB104 08153 BAB 18201 b
1 (1) 5.8% deemed cumulative persisting annual savings
2 for the year ending December 31, 2018;
3 (2) 5.2% deemed cumulative persisting annual savings
4 for the year ending December 31, 2019;
5 (3) 4.5% deemed cumulative persisting annual savings
6 for the year ending December 31, 2020;
7 (4) 4.0% deemed cumulative persisting annual savings
8 for the year ending December 31, 2021;
9 (5) 3.5% deemed cumulative persisting annual savings
10 for the year ending December 31, 2022;
11 (6) 3.1% deemed cumulative persisting annual savings
12 for the year ending December 31, 2023;
13 (7) 2.8% deemed cumulative persisting annual savings
14 for the year ending December 31, 2024;
15 (8) 2.5% deemed cumulative persisting annual savings
16 for the year ending December 31, 2025; and
17 (9) 2.3% deemed cumulative persisting annual savings
18 for the year ending December 31, 2026.
19 For purposes of this Section, "cumulative persisting
20 annual savings" means the total electric energy savings in a
21 given year from measures installed in that year or in previous
22 years, but no earlier than January 1, 2012, that are still
23 operational and providing savings in that year because the
24 measures have not yet reached the end of their useful lives.
25 (b-5) Beginning in 2018 and through calendar year 2026,
26 electric utilities subject to this Section that serve more
HB3595 Enrolled - 514 - LRB104 08153 BAB 18201 b
1 than 3,000,000 retail customers in the State shall achieve the
2 following cumulative persisting annual savings goals, as
3 modified by subsection (f) of this Section and as compared to
4 the deemed baseline of 88,000,000 MWhs of electric power and
5 energy sales set forth in subsection (b), as reduced by the
6 number of MWhs equal to the sum of the annual consumption of
7 customers that have opted out of subsections (a) through (j)
8 of this Section under paragraph (1) of subsection (l) of this
9 Section as averaged across the calendar years 2014, 2015, and
10 2016, through the implementation of energy efficiency measures
11 during the applicable year and in prior years, but no earlier
12 than January 1, 2012:
13 (1) 7.8% cumulative persisting annual savings for the
14 year ending December 31, 2018;
15 (2) 9.1% cumulative persisting annual savings for the
16 year ending December 31, 2019;
17 (3) 10.4% cumulative persisting annual savings for the
18 year ending December 31, 2020;
19 (4) 11.8% cumulative persisting annual savings for the
20 year ending December 31, 2021;
21 (5) 13.1% cumulative persisting annual savings for the
22 year ending December 31, 2022;
23 (6) 14.4% cumulative persisting annual savings for the
24 year ending December 31, 2023;
25 (7) 15.7% cumulative persisting annual savings for the
26 year ending December 31, 2024;
HB3595 Enrolled - 515 - LRB104 08153 BAB 18201 b
1 (8) 17% cumulative persisting annual savings for the
2 year ending December 31, 2025; and
3 (9) 17.9% cumulative persisting annual savings for the
4 year ending December 31, 2026.
5 (b-10) For purposes of this Section, through calendar year
6 2026, electric utilities subject to this Section that serve
7 less than 3,000,000 retail customers but more than 500,000
8 retail customers in the State shall be deemed to have achieved
9 a cumulative persisting annual savings of 6.6% from energy
10 efficiency measures and programs implemented during the period
11 beginning January 1, 2012 and ending December 31, 2017, which
12 is based on the deemed average weather normalized sales of
13 electric power and energy during calendar years 2014, 2015,
14 and 2016 of 36,900,000 MWhs. For the purposes of this
15 subsection (b-10) and subsection (b-15), the 36,900,000 MWhs
16 of deemed electric power and energy sales shall be reduced by
17 the number of MWhs equal to the sum of the annual consumption
18 of customers that have opted out of subsections (a) through
19 (j) of this Section under paragraph (1) of subsection (l) of
20 this Section, as averaged across the calendar years 2014,
21 2015, and 2016. After 2017, the deemed value of cumulative
22 persisting annual savings from energy efficiency measures and
23 programs implemented during the period beginning January 1,
24 2012 and ending December 31, 2017, shall be reduced each year,
25 as follows, and the applicable value shall be applied to and
26 count toward the utility's achievement of the cumulative
HB3595 Enrolled - 516 - LRB104 08153 BAB 18201 b
1 persisting annual savings goals set forth in subsection
2 (b-15):
3 (1) 5.8% deemed cumulative persisting annual savings
4 for the year ending December 31, 2018;
5 (2) 5.2% deemed cumulative persisting annual savings
6 for the year ending December 31, 2019;
7 (3) 4.5% deemed cumulative persisting annual savings
8 for the year ending December 31, 2020;
9 (4) 4.0% deemed cumulative persisting annual savings
10 for the year ending December 31, 2021;
11 (5) 3.5% deemed cumulative persisting annual savings
12 for the year ending December 31, 2022;
13 (6) 3.1% deemed cumulative persisting annual savings
14 for the year ending December 31, 2023;
15 (7) 2.8% deemed cumulative persisting annual savings
16 for the year ending December 31, 2024;
17 (8) 2.5% deemed cumulative persisting annual savings
18 for the year ending December 31, 2025; and
19 (9) 2.3% deemed cumulative persisting annual savings
20 for the year ending December 31, 2026.
21 (b-15) Beginning in 2018 and through calendar year 2026,
22 electric utilities subject to this Section that serve less
23 than 3,000,000 retail customers but more than 500,000 retail
24 customers in the State shall achieve the following cumulative
25 persisting annual savings goals, as modified by subsection
26 (b-20) and subsection (f) of this Section and as compared to
HB3595 Enrolled - 517 - LRB104 08153 BAB 18201 b
1 the deemed baseline as reduced by the number of MWhs equal to
2 the sum of the annual consumption of customers that have opted
3 out of subsections (a) through (j) of this Section under
4 paragraph (1) of subsection (l) of this Section as averaged
5 across the calendar years 2014, 2015, and 2016, through the
6 implementation of energy efficiency measures during the
7 applicable year and in prior years, but no earlier than
8 January 1, 2012:
9 (1) 7.4% cumulative persisting annual savings for the
10 year ending December 31, 2018;
11 (2) 8.2% cumulative persisting annual savings for the
12 year ending December 31, 2019;
13 (3) 9.0% cumulative persisting annual savings for the
14 year ending December 31, 2020;
15 (4) 9.8% cumulative persisting annual savings for the
16 year ending December 31, 2021;
17 (5) 10.6% cumulative persisting annual savings for the
18 year ending December 31, 2022;
19 (6) 11.4% cumulative persisting annual savings for the
20 year ending December 31, 2023;
21 (7) 12.2% cumulative persisting annual savings for the
22 year ending December 31, 2024;
23 (8) 13% cumulative persisting annual savings for the
24 year ending December 31, 2025; and
25 (9) 13.6% cumulative persisting annual savings for the
26 year ending December 31, 2026.
HB3595 Enrolled - 518 - LRB104 08153 BAB 18201 b
1 (b-16) In 2027 and each year thereafter, each electric
2 utility subject to this Section shall achieve the following
3 savings goals:
4 (1) A utility that serves more than 3,000,000 retail
5 customers in the State must achieve incremental annual
6 energy savings for customers in an amount that is equal to
7 2% of the utility's average annual electricity sales from
8 2021 through 2023 to customers. A utility that serves less
9 than 3,000,000 retail customers but more than 500,000
10 retail customers in the State must achieve incremental
11 annual energy savings for customers in an amount that is
12 equal to 1.4% in 2027, 1.7% in 2028, and 2% in 2029 and
13 every year thereafter of the utility's average annual
14 electricity sales from 2021 through 2023 to customers. The
15 incremental annual energy savings requirements set forth
16 in this paragraph (1) may be reduced by 0.025 percentage
17 points for every percentage point increase, above the 25%
18 minimum to be targeted at low-income households as
19 specified in paragraph (c) of this Section, in the portion
20 of total efficiency program spending that is on low-income
21 or moderate-income efficiency programs. The incremental
22 annual savings requirement shall not be reduced to a level
23 less than 0.25 percentage points less than the energy
24 savings requirement applicable to the calendar year, even
25 if the sum of low-income spending and moderate-income
26 spending is greater than 35% of total spending.
HB3595 Enrolled - 519 - LRB104 08153 BAB 18201 b
1 (2) A utility that serves less than 3,000,000 retail
2 customers but more than 500,000 retail customers in the
3 State must achieve an incremental annual coincident peak
4 demand savings goal from energy efficiency measures
5 installed as a result of the utility's programs by
6 customers in an amount that is equal to the energy savings
7 goal from paragraph (1) of this Section divided by the
8 actual average ratio of kilowatt-hour savings to
9 coincident peak demand reduction achieved by the utility
10 through its energy efficiency programs in 2023. If the
11 season in which coincident peak demands are experienced,
12 the hours of the day that peak demands are experienced,
13 and the methods by which peak demand impacts from
14 efficiency measures are estimated are different in the
15 future than when 2023 peak demand impacts were originally
16 estimated, the 2023 peak demand impacts shall be
17 recomputed using such updated peak definitions and
18 estimation methods for the purpose of establishing future
19 coincident peak demand savings goals. To the extent that a
20 utility counts either improvements to the efficiency of
21 the use of gas and other fuels or the electrification of
22 gas and other fuels toward its energy savings goal, as
23 permitted under paragraphs (b-25) and (b-27) of this
24 Section, it must estimate the actual impacts on coincident
25 peak demand from such measures and count them, whether
26 positive or negative, toward its coincident peak demand
HB3595 Enrolled - 520 - LRB104 08153 BAB 18201 b
1 savings goal. Only coincident peak demand savings from
2 efficiency measures shall count toward this goal. To the
3 extent that some efficiency measures enable demand
4 response, only the peak demand savings from the energy
5 efficiency upgrade shall count toward the goal. Nothing in
6 this Section shall limit the ability of peak demand
7 savings from such enabled demand-response initiatives to
8 count for other, non-energy efficiency performance
9 standard performance metrics established for the utility.
10 (3) Each utility's incremental annual energy savings,
11 and coincident peak demand savings if a utility serves
12 less than 3,000,000 retail customers but more than 500,000
13 retail customers in the State, must be achieved with an
14 average savings life of at least 12 years. In no event can
15 more than one-fifth of the incremental annual savings or
16 the coincident peak demand savings counted toward a
17 utility's annual savings goal in any given year be derived
18 from efficiency measures with average savings lives of
19 less than 5 years. Average savings lives may be shorter
20 than the average operational lives of measures installed
21 if the measures do not produce savings in every year in
22 which the measures operate or if the savings that measures
23 produce decline during the measures' operational lives.
24 For the purposes of this Section, "incremental annual
25 energy savings" means the total electric energy savings
26 from all measures installed in a calendar year that will
HB3595 Enrolled - 521 - LRB104 08153 BAB 18201 b
1 be realized within 12 months of each measure's
2 installation; "moderate-income" means income between 80%
3 of area median income and 300% of the federal poverty
4 limit; "incremental annual coincident peak demand savings"
5 means the total coincident peak reduction from all energy
6 efficiency measures installed in a calendar year that will
7 be realized within 12 months of each measure's
8 installation; "average savings life" means the lifetime
9 savings that would be realized as a result of a utility's
10 efficiency programs divided by the incremental annual
11 savings such programs produce.
12 (b-20) Each electric utility subject to this Section may
13 include cost-effective voltage optimization measures in its
14 plans submitted under subsections (f) and (g) of this Section,
15 and the costs incurred by a utility to implement the measures
16 under a Commission-approved plan shall be recovered under the
17 provisions of Article IX or Section 16-108.5 of this Act. For
18 purposes of this Section, the measure life of voltage
19 optimization measures shall be 15 years. The measure life
20 period is independent of the depreciation rate of the voltage
21 optimization assets deployed. Utilities may claim savings from
22 voltage optimization on circuits for more than 15 years if
23 they can demonstrate that they have made additional
24 investments necessary to enable voltage optimization savings
25 to continue beyond 15 years. Such demonstrations must be
26 subject to the review of independent evaluation.
HB3595 Enrolled - 522 - LRB104 08153 BAB 18201 b
1 Within 270 days after June 1, 2017 (the effective date of
2 Public Act 99-906), an electric utility that serves less than
3 3,000,000 retail customers but more than 500,000 retail
4 customers in the State shall file a plan with the Commission
5 that identifies the cost-effective voltage optimization
6 investment the electric utility plans to undertake through
7 December 31, 2024. The Commission, after notice and hearing,
8 shall approve or approve with modification the plan within 120
9 days after the plan's filing and, in the order approving or
10 approving with modification the plan, the Commission shall
11 adjust the applicable cumulative persisting annual savings
12 goals set forth in subsection (b-15) to reflect any amount of
13 cost-effective energy savings approved by the Commission that
14 is greater than or less than the following cumulative
15 persisting annual savings values attributable to voltage
16 optimization for the applicable year:
17 (1) 0.0% of cumulative persisting annual savings for
18 the year ending December 31, 2018;
19 (2) 0.17% of cumulative persisting annual savings for
20 the year ending December 31, 2019;
21 (3) 0.17% of cumulative persisting annual savings for
22 the year ending December 31, 2020;
23 (4) 0.33% of cumulative persisting annual savings for
24 the year ending December 31, 2021;
25 (5) 0.5% of cumulative persisting annual savings for
26 the year ending December 31, 2022;
HB3595 Enrolled - 523 - LRB104 08153 BAB 18201 b
1 (6) 0.67% of cumulative persisting annual savings for
2 the year ending December 31, 2023;
3 (7) 0.83% of cumulative persisting annual savings for
4 the year ending December 31, 2024; and
5 (8) 1.0% of cumulative persisting annual savings for
6 the year ending December 31, 2025 and all subsequent
7 years.
8 (b-25) In the event an electric utility jointly offers an
9 energy efficiency measure or program with a gas utility under
10 plans approved under this Section and Section 8-104 of this
11 Act, the electric utility may continue offering the program,
12 including the gas energy efficiency measures, in the event the
13 gas utility discontinues funding the program. In that event,
14 the energy savings value associated with such other fuels
15 shall be converted to electric energy savings on an equivalent
16 Btu basis for the premises. However, the electric utility
17 shall prioritize programs for low-income residential customers
18 to the extent practicable. An electric utility may recover the
19 costs of offering the gas energy efficiency measures under
20 this subsection (b-25).
21 For those energy efficiency measures or programs that save
22 both electricity and other fuels but are not jointly offered
23 with a gas utility under plans approved under this Section and
24 Section 8-104 or not offered with an affiliated gas utility
25 under paragraph (6) of subsection (f) of Section 8-104 of this
26 Act, the electric utility may count savings of fuels other
HB3595 Enrolled - 524 - LRB104 08153 BAB 18201 b
1 than electricity toward the achievement of its annual savings
2 goal, and the energy savings value associated with such other
3 fuels shall be converted to electric energy savings on an
4 equivalent Btu basis at the premises.
5 For an electric utility that serves more than 3,000,000
6 retail customers in the State, on and after January 1, 2027,
7 the electric utility may only count savings of other fuels
8 under this subsection (b-25) toward the achievement of its
9 annual electric energy savings goal when such other fuel
10 savings are from weatherization measures that reduce heat loss
11 through the building envelope, insulating mechanical systems,
12 or the heating distribution system, including, but not limited
13 to, air sealing and building shell measures. This limitation
14 on counting other fuel savings from efficiency measures toward
15 a utility's energy savings goal shall not affect the utility's
16 ability to claim savings from electrification measures
17 installed pursuant to the requirements in subsection (b-27).
18 In no event shall more than 10% of each year's applicable
19 annual total savings requirement, as defined in paragraph
20 (7.5) of subsection (g) of this Section be met through savings
21 of fuels other than electricity. For an electric utility that
22 serves more than 3,000,000 retail customers in the State, in
23 no event shall more than 30% of each year's incremental annual
24 energy savings requirement, as defined in subsection (b-16) of
25 this Section, be met through savings of fuels other than
26 electricity. For an electric utility that serves less than
HB3595 Enrolled - 525 - LRB104 08153 BAB 18201 b
1 3,000,000 retail customers but more than 500,000 retail
2 customers in the State, in no event shall more than 20% of each
3 year's incremental annual energy savings requirement, as
4 defined in subsection (b-16) of this Section, be met through
5 savings of fuels other than electricity.
6 (b-27) Beginning in 2022, an electric utility may offer
7 and promote measures that electrify space heating, water
8 heating, cooling, drying, cooking, industrial processes, and
9 other building and industrial end uses that would otherwise be
10 served by combustion of fossil fuel at the premises, provided
11 that the electrification measures reduce total energy
12 consumption at the premises. The electric utility may count
13 the reduction in energy consumption at the premises toward
14 achievement of its annual savings goals. The reduction in
15 energy consumption at the premises shall be calculated as the
16 difference between: (A) the reduction in Btu consumption of
17 fossil fuels as a result of electrification, converted to
18 kilowatt-hour equivalents by dividing by 3,412 Btus per
19 kilowatt hour; and (B) the increase in kilowatt hours of
20 electricity consumption resulting from the displacement of
21 fossil fuel consumption as a result of electrification. An
22 electric utility may recover the costs of offering and
23 promoting electrification measures under this subsection
24 (b-27).
25 At least 33% of all costs of offering and promoting
26 electrification measures under this subsection (b-27) must be
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1 for supporting installation of electrification measures
2 through programs exclusively targeted to low-income
3 households. The percentage requirement may be reduced if the
4 utility can demonstrate that it is not possible to achieve the
5 level of low-income electrification spending, while supporting
6 programs for non-low-income residential and business
7 electrification, because of limitations regarding the number
8 of low-income households in its service territory that would
9 be able to meet program eligibility requirements set forth in
10 the multi-year energy efficiency plan. If the 33% low-income
11 electrification spending requirement is reduced, the utility
12 must prioritize support of low-income electrification in
13 housing that meets program eligibility requirements over
14 electrification spending on non-low-income residential or
15 business customers.
16 The ratio of spending on electrification measures targeted
17 to low-income, multifamily buildings to spending on
18 electrification measures targeted to low-income, single-family
19 buildings shall be designed to achieve levels of
20 electrification savings from each building type that are
21 approximately proportional to the magnitude of cost-effective
22 electrification savings potential in each building type.
23 In no event shall electrification savings counted toward
24 each year's applicable annual total savings requirement, as
25 defined in paragraph (7.5) of subsection (g) of this Section,
26 or counted toward each year's incremental annual savings, as
HB3595 Enrolled - 527 - LRB104 08153 BAB 18201 b
1 defined in paragraph (b-16) of this Section, be greater than:
2 (1) 5% per year for each year from 2022 through 2025;
3 (2) 20% per year for 2026 and all subsequent years;
4 and
5 (3) (blank).
6 The limitations on electrification savings that may be counted
7 toward a utility's annual savings goals are separate from and
8 in addition to the subsection (b-25) limitations governing the
9 counting of the other fuel savings resulting from efficiency
10 measures and programs.
11 As part of the annual informational filing to the
12 Commission that is required under paragraph (9) of subsection
13 (g) of this Section, each utility shall identify the specific
14 electrification measures offered under this subsection (b-27);
15 the quantity of each electrification measure that was
16 installed by its customers; the average total cost, average
17 utility cost, average reduction in fossil fuel consumption,
18 and average increase in electricity consumption associated
19 with each electrification measure; the portion of
20 installations of each electrification measure that were in
21 low-income single-family housing, low-income multifamily
22 housing, non-low-income single-family housing, non-low-income
23 multifamily housing, commercial buildings, and industrial
24 facilities; and the quantity of savings associated with each
25 measure category in each customer category that are being
26 counted toward the utility's applicable annual total savings
HB3595 Enrolled - 528 - LRB104 08153 BAB 18201 b
1 requirement or counted toward each year's incremental annual
2 savings, as defined in paragraph (b-16) of this Section. Prior
3 to installing or promoting electrification measures, the
4 utility shall provide customers with estimates of the impact
5 of the new measures on the customer's average monthly electric
6 bill and total annual energy expenses.
7 (c) Electric utilities shall be responsible for overseeing
8 the design, development, and filing of energy efficiency plans
9 with the Commission and may, as part of that implementation,
10 outsource various aspects of program development and
11 implementation. A minimum of 10%, for electric utilities that
12 serve more than 3,000,000 retail customers in the State, and a
13 minimum of 7%, for electric utilities that serve less than
14 3,000,000 retail customers but more than 500,000 retail
15 customers in the State, of the utility's entire portfolio
16 funding level for a given year shall be used to procure
17 cost-effective energy efficiency measures from units of local
18 government, municipal corporations, school districts, public
19 housing, public institutions of higher education, and
20 community college districts, provided that a minimum
21 percentage of available funds shall be used to procure energy
22 efficiency from public housing, which percentage shall be
23 equal to public housing's share of public building energy
24 consumption.
25 The utilities shall also implement energy efficiency
26 measures targeted at low-income households, which, for
HB3595 Enrolled - 529 - LRB104 08153 BAB 18201 b
1 purposes of this Section, shall be defined as households at or
2 below 80% of area median income, and expenditures to implement
3 the measures shall be no less than 25% of total energy
4 efficiency program spending approved by the Commission
5 pursuant to review of plans filed under subsection (f) of this
6 Section The ratio of spending on efficiency programs targeted
7 at low-income multifamily buildings to spending on efficiency
8 programs targeted at low-income single-family buildings shall
9 be designed to achieve levels of savings from each building
10 type that are approximately proportional to the magnitude of
11 cost-effective lifetime savings potential in each building
12 type. Investment in low-income whole-building weatherization
13 programs shall constitute a minimum of 80% of a utility's
14 total budget specifically dedicated to serving low-income
15 customers.
16 The utilities shall work to bundle low-income energy
17 efficiency offerings with other programs that serve low-income
18 households to maximize the benefits going to these households.
19 The utilities shall market and implement low-income energy
20 efficiency programs in coordination with low-income assistance
21 programs, the Illinois Solar for All Program, and
22 weatherization whenever practicable. The program implementer
23 shall walk the customer through the enrollment process for any
24 programs for which the customer is eligible. The utilities
25 shall also pilot targeting customers with high arrearages,
26 high energy intensity (ratio of energy usage divided by home
HB3595 Enrolled - 530 - LRB104 08153 BAB 18201 b
1 or unit square footage), or energy assistance programs with
2 energy efficiency offerings, and then track reduction in
3 arrearages as a result of the targeting. This targeting and
4 bundling of low-income energy programs shall be offered to
5 both low-income single-family and multifamily customers
6 (owners and residents).
7 The utilities shall invest in health and safety measures
8 appropriate and necessary for comprehensively weatherizing a
9 home or multifamily building, and shall implement a health and
10 safety fund of at least 15% of the total income-qualified
11 weatherization budget that shall be used for the purpose of
12 making grants for technical assistance, construction,
13 reconstruction, improvement, or repair of buildings to
14 facilitate their participation in the energy efficiency
15 programs targeted at low-income single-family and multifamily
16 households. These funds may also be used for the purpose of
17 making grants for technical assistance, construction,
18 reconstruction, improvement, or repair of the following
19 buildings to facilitate their participation in the energy
20 efficiency programs created by this Section: (1) buildings
21 that are owned or operated by registered 501(c)(3) public
22 charities; and (2) early care and education day care centers,
23 early care and education day care homes, or group early care
24 and education day care homes, as defined under 89 Ill. Adm.
25 Code Part 406, 407, or 408, respectively.
26 Each electric utility shall assess opportunities to
HB3595 Enrolled - 531 - LRB104 08153 BAB 18201 b
1 implement cost-effective energy efficiency measures and
2 programs through a public housing authority or authorities
3 located in its service territory. If such opportunities are
4 identified, the utility shall propose such measures and
5 programs to address the opportunities. Expenditures to address
6 such opportunities shall be credited toward the minimum
7 procurement and expenditure requirements set forth in this
8 subsection (c).
9 Implementation of energy efficiency measures and programs
10 targeted at low-income households should be contracted, when
11 it is practicable, to independent third parties that have
12 demonstrated capabilities to serve such households, with a
13 preference for not-for-profit entities and government agencies
14 that have existing relationships with or experience serving
15 low-income communities in the State.
16 Each electric utility shall develop and implement
17 reporting procedures that address and assist in determining
18 the amount of energy savings that can be applied to the
19 low-income procurement and expenditure requirements set forth
20 in this subsection (c). Each electric utility shall also track
21 the types and quantities or volumes of insulation and air
22 sealing materials, and their associated energy saving
23 benefits, installed in energy efficiency programs targeted at
24 low-income single-family and multifamily households.
25 The electric utilities shall participate in a low-income
26 energy efficiency accountability committee ("the committee"),
HB3595 Enrolled - 532 - LRB104 08153 BAB 18201 b
1 which will directly inform the design, implementation, and
2 evaluation of the low-income and public-housing energy
3 efficiency programs. The committee shall be comprised of the
4 electric utilities subject to the requirements of this
5 Section, the gas utilities subject to the requirements of
6 Section 8-104 of this Act, the utilities' low-income energy
7 efficiency implementation contractors, nonprofit
8 organizations, community action agencies, advocacy groups,
9 State and local governmental agencies, public-housing
10 organizations, and representatives of community-based
11 organizations, especially those living in or working with
12 environmental justice communities and BIPOC communities. The
13 committee shall be composed of 2 geographically differentiated
14 subcommittees: one for stakeholders in northern Illinois and
15 one for stakeholders in central and southern Illinois. The
16 subcommittees shall meet together at least twice per year.
17 There shall be one statewide leadership committee led by
18 and composed of community-based organizations that are
19 representative of BIPOC and environmental justice communities
20 and that includes equitable representation from BIPOC
21 communities. The leadership committee shall be composed of an
22 equal number of representatives from the 2 subcommittees. The
23 subcommittees shall address specific programs and issues, with
24 the leadership committee convening targeted workgroups as
25 needed. The leadership committee may elect to work with an
26 independent facilitator to solicit and organize feedback,
HB3595 Enrolled - 533 - LRB104 08153 BAB 18201 b
1 recommendations and meeting participation from a wide variety
2 of community-based stakeholders. If a facilitator is used,
3 they shall be fair and responsive to the needs of all
4 stakeholders involved in the committee. For a utility that
5 serves more than 3,000,000 retail customers in the State, if a
6 facilitator is used, they shall be retained by Commission
7 staff.
8 All committee meetings must be accessible, with rotating
9 locations if meetings are held in-person, virtual
10 participation options, and materials and agendas circulated in
11 advance.
12 There shall also be opportunities for direct input by
13 committee members outside of committee meetings, such as via
14 individual meetings, surveys, emails and calls, to ensure
15 robust participation by stakeholders with limited capacity and
16 ability to attend committee meetings. Committee meetings shall
17 emphasize opportunities to bundle and coordinate delivery of
18 low-income energy efficiency with other programs that serve
19 low-income communities, such as the Illinois Solar for All
20 Program and bill payment assistance programs. Meetings shall
21 include educational opportunities for stakeholders to learn
22 more about these additional offerings, and the committee shall
23 assist in figuring out the best methods for coordinated
24 delivery and implementation of offerings when serving
25 low-income communities. The committee shall directly and
26 equitably influence and inform utility low-income and
HB3595 Enrolled - 534 - LRB104 08153 BAB 18201 b
1 public-housing energy efficiency programs and priorities.
2 Participating utilities shall implement recommendations from
3 the committee whenever possible.
4 Participating utilities shall track and report how input
5 from the committee has led to new approaches and changes in
6 their energy efficiency portfolios. This reporting shall occur
7 at committee meetings and in quarterly energy efficiency
8 reports to the Stakeholder Advisory Group and Illinois
9 Commerce Commission, and other relevant reporting mechanisms.
10 Participating utilities shall also report on relevant equity
11 data and metrics requested by the committee, such as energy
12 burden data, geographic, racial, and other relevant
13 demographic data on where programs are being delivered and
14 what populations programs are serving.
15 The Illinois Commerce Commission shall oversee and have
16 relevant staff participate in the committee. The committee
17 shall have a budget of 0.25% of each utility's entire
18 efficiency portfolio funding for a given year. The budget
19 shall be overseen by the Commission. The budget shall be used
20 to provide grants for community-based organizations serving on
21 the leadership committee, stipends for community-based
22 organizations participating in the committee, grants for
23 community-based organizations to do energy efficiency outreach
24 and education, and relevant meeting needs as determined by the
25 leadership committee. The education and outreach shall
26 include, but is not limited to, basic energy efficiency
HB3595 Enrolled - 535 - LRB104 08153 BAB 18201 b
1 education, information about low-income energy efficiency
2 programs, and information on the committee's purpose,
3 structure, and activities.
4 (d) Notwithstanding any other provision of law to the
5 contrary, a utility providing approved energy efficiency
6 measures and, if applicable, demand-response measures in the
7 State shall be permitted to recover all reasonable and
8 prudently incurred costs of those measures from all retail
9 customers, except as provided in subsection (l) of this
10 Section, as follows, provided that nothing in this subsection
11 (d) permits the double recovery of such costs from customers:
12 (1) The utility may recover its costs through an
13 automatic adjustment clause tariff filed with and approved
14 by the Commission. The tariff shall be established outside
15 the context of a general rate case. Each year the
16 Commission shall initiate a review to reconcile any
17 amounts collected with the actual costs and to determine
18 the required adjustment to the annual tariff factor to
19 match annual expenditures. To enable the financing of the
20 incremental capital expenditures, including regulatory
21 assets, for electric utilities that serve less than
22 3,000,000 retail customers but more than 500,000 retail
23 customers in the State, the utility's actual year-end
24 capital structure that includes a common equity ratio,
25 excluding goodwill, of up to and including 50% of the
26 total capital structure shall be deemed reasonable and
HB3595 Enrolled - 536 - LRB104 08153 BAB 18201 b
1 used to set rates.
2 (2) A utility may recover its costs through an energy
3 efficiency formula rate approved by the Commission under a
4 filing under subsections (f) and (g) of this Section,
5 which shall specify the cost components that form the
6 basis of the rate charged to customers with sufficient
7 specificity to operate in a standardized manner and be
8 updated annually with transparent information that
9 reflects the utility's actual costs to be recovered during
10 the applicable rate year, which is the period beginning
11 with the first billing day of January and extending
12 through the last billing day of the following December.
13 The energy efficiency formula rate shall be implemented
14 through a tariff filed with the Commission under
15 subsections (f) and (g) of this Section that is consistent
16 with the provisions of this paragraph (2) and that shall
17 be applicable to all delivery services customers. The
18 Commission shall conduct an investigation of the tariff in
19 a manner consistent with the provisions of this paragraph
20 (2), subsections (f) and (g) of this Section, and the
21 provisions of Article IX of this Act to the extent they do
22 not conflict with this paragraph (2). The energy
23 efficiency formula rate approved by the Commission shall
24 remain in effect at the discretion of the utility and
25 shall do the following:
26 (A) Provide for the recovery of the utility's
HB3595 Enrolled - 537 - LRB104 08153 BAB 18201 b
1 actual costs incurred under this Section that are
2 prudently incurred and reasonable in amount consistent
3 with Commission practice and law. The sole fact that a
4 cost differs from that incurred in a prior calendar
5 year or that an investment is different from that made
6 in a prior calendar year shall not imply the
7 imprudence or unreasonableness of that cost or
8 investment.
9 (B) Reflect the utility's actual year-end capital
10 structure for the applicable calendar year, excluding
11 goodwill, subject to a determination of prudence and
12 reasonableness consistent with Commission practice and
13 law. To enable the financing of the incremental
14 capital expenditures, including regulatory assets, for
15 electric utilities that serve less than 3,000,000
16 retail customers but more than 500,000 retail
17 customers in the State, a participating electric
18 utility's actual year-end capital structure that
19 includes a common equity ratio, excluding goodwill, of
20 up to and including 50% of the total capital structure
21 shall be deemed reasonable and used to set rates.
22 (C) Include a cost of equity that shall be equal to
23 the baseline cost of equity approved by the Commission
24 for the utility's electric distribution rates
25 effective during the applicable year, whether those
26 rates are set pursuant to Section 9-201, subparagraph
HB3595 Enrolled - 538 - LRB104 08153 BAB 18201 b
1 (B) of paragraph (3) of subsection (d) of Section
2 16-108.18, or any successor electric distribution
3 ratemaking paradigm.
4 (D) Permit and set forth protocols, subject to a
5 determination of prudence and reasonableness
6 consistent with Commission practice and law, for the
7 following:
8 (i) recovery of incentive compensation expense
9 that is based on the achievement of operational
10 metrics, including metrics related to budget
11 controls, outage duration and frequency, safety,
12 customer service, efficiency and productivity, and
13 environmental compliance; however, this protocol
14 shall not apply if such expense related to costs
15 incurred under this Section is recovered under
16 Article IX or Section 16-108.5 of this Act;
17 incentive compensation expense that is based on
18 net income or an affiliate's earnings per share
19 shall not be recoverable under the energy
20 efficiency formula rate;
21 (ii) recovery of pension and other
22 post-employment benefits expense, provided that
23 such costs are supported by an actuarial study;
24 however, this protocol shall not apply if such
25 expense related to costs incurred under this
26 Section is recovered under Article IX or Section
HB3595 Enrolled - 539 - LRB104 08153 BAB 18201 b
1 16-108.5 of this Act;
2 (iii) recovery of existing regulatory assets
3 over the periods previously authorized by the
4 Commission;
5 (iv) as described in subsection (e),
6 amortization of costs incurred under this Section;
7 and
8 (v) projected, weather normalized billing
9 determinants for the applicable rate year.
10 (E) Provide for an annual reconciliation, as
11 described in paragraph (3) of this subsection (d),
12 less any deferred taxes related to the reconciliation,
13 with interest at an annual rate of return equal to the
14 utility's weighted average cost of capital, including
15 a revenue conversion factor calculated to recover or
16 refund all additional income taxes that may be payable
17 or receivable as a result of that return, of the energy
18 efficiency revenue requirement reflected in rates for
19 each calendar year, beginning with the calendar year
20 in which the utility files its energy efficiency
21 formula rate tariff under this paragraph (2), with
22 what the revenue requirement would have been had the
23 actual cost information for the applicable calendar
24 year been available at the filing date.
25 The utility shall file, together with its tariff, the
26 projected costs to be incurred by the utility during the
HB3595 Enrolled - 540 - LRB104 08153 BAB 18201 b
1 rate year under the utility's multi-year plan approved
2 under subsections (f) and (g) of this Section, including,
3 but not limited to, the projected capital investment costs
4 and projected regulatory asset balances with
5 correspondingly updated depreciation and amortization
6 reserves and expense, that shall populate the energy
7 efficiency formula rate and set the initial rates under
8 the formula.
9 The Commission shall review the proposed tariff in
10 conjunction with its review of a proposed multi-year plan,
11 as specified in paragraph (5) of subsection (g) of this
12 Section. The review shall be based on the same evidentiary
13 standards, including, but not limited to, those concerning
14 the prudence and reasonableness of the costs incurred by
15 the utility, the Commission applies in a hearing to review
16 a filing for a general increase in rates under Article IX
17 of this Act. The initial rates shall take effect beginning
18 with the January monthly billing period following the
19 Commission's approval.
20 The tariff's rate design and cost allocation across
21 customer classes shall be consistent with the utility's
22 automatic adjustment clause tariff in effect on June 1,
23 2017 (the effective date of Public Act 99-906); however,
24 the Commission may revise the tariff's rate design and
25 cost allocation in subsequent proceedings under paragraph
26 (3) of this subsection (d).
HB3595 Enrolled - 541 - LRB104 08153 BAB 18201 b
1 If the energy efficiency formula rate is terminated,
2 the then current rates shall remain in effect until such
3 time as the energy efficiency costs are incorporated into
4 new rates that are set under this subsection (d) or
5 Article IX of this Act, subject to retroactive rate
6 adjustment, with interest, to reconcile rates charged with
7 actual costs.
8 (3) The provisions of this paragraph (3) shall only
9 apply to an electric utility that has elected to file an
10 energy efficiency formula rate under paragraph (2) of this
11 subsection (d). Subsequent to the Commission's issuance of
12 an order approving the utility's energy efficiency formula
13 rate structure and protocols, and initial rates under
14 paragraph (2) of this subsection (d), the utility shall
15 file, on or before June 1 of each year, with the Chief
16 Clerk of the Commission its updated cost inputs to the
17 energy efficiency formula rate for the applicable rate
18 year and the corresponding new charges, as well as the
19 information described in paragraph (9) of subsection (g)
20 of this Section. Each such filing shall conform to the
21 following requirements and include the following
22 information:
23 (A) The inputs to the energy efficiency formula
24 rate for the applicable rate year shall be based on the
25 projected costs to be incurred by the utility during
26 the rate year under the utility's multi-year plan
HB3595 Enrolled - 542 - LRB104 08153 BAB 18201 b
1 approved under subsections (f) and (g) of this
2 Section, including, but not limited to, projected
3 capital investment costs and projected regulatory
4 asset balances with correspondingly updated
5 depreciation and amortization reserves and expense.
6 The filing shall also include a reconciliation of the
7 energy efficiency revenue requirement that was in
8 effect for the prior rate year (as set by the cost
9 inputs for the prior rate year) with the actual
10 revenue requirement for the prior rate year
11 (determined using a year-end rate base) that uses
12 amounts reflected in the applicable FERC Form 1 that
13 reports the actual costs for the prior rate year. Any
14 over-collection or under-collection indicated by such
15 reconciliation shall be reflected as a credit against,
16 or recovered as an additional charge to, respectively,
17 with interest calculated at a rate equal to the
18 utility's weighted average cost of capital approved by
19 the Commission for the prior rate year, the charges
20 for the applicable rate year. Such over-collection or
21 under-collection shall be adjusted to remove any
22 deferred taxes related to the reconciliation, for
23 purposes of calculating interest at an annual rate of
24 return equal to the utility's weighted average cost of
25 capital approved by the Commission for the prior rate
26 year, including a revenue conversion factor calculated
HB3595 Enrolled - 543 - LRB104 08153 BAB 18201 b
1 to recover or refund all additional income taxes that
2 may be payable or receivable as a result of that
3 return. Each reconciliation shall be certified by the
4 participating utility in the same manner that FERC
5 Form 1 is certified. The filing shall also include the
6 charge or credit, if any, resulting from the
7 calculation required by subparagraph (E) of paragraph
8 (2) of this subsection (d).
9 Notwithstanding any other provision of law to the
10 contrary, the intent of the reconciliation is to
11 ultimately reconcile both the revenue requirement
12 reflected in rates for each calendar year, beginning
13 with the calendar year in which the utility files its
14 energy efficiency formula rate tariff under paragraph
15 (2) of this subsection (d), with what the revenue
16 requirement determined using a year-end rate base for
17 the applicable calendar year would have been had the
18 actual cost information for the applicable calendar
19 year been available at the filing date.
20 For purposes of this Section, "FERC Form 1" means
21 the Annual Report of Major Electric Utilities,
22 Licensees and Others that electric utilities are
23 required to file with the Federal Energy Regulatory
24 Commission under the Federal Power Act, Sections 3,
25 4(a), 304 and 209, modified as necessary to be
26 consistent with 83 Ill. Adm. Code Part 415 as of May 1,
HB3595 Enrolled - 544 - LRB104 08153 BAB 18201 b
1 2011. Nothing in this Section is intended to allow
2 costs that are not otherwise recoverable to be
3 recoverable by virtue of inclusion in FERC Form 1.
4 (B) The new charges shall take effect beginning on
5 the first billing day of the following January billing
6 period and remain in effect through the last billing
7 day of the next December billing period regardless of
8 whether the Commission enters upon a hearing under
9 this paragraph (3).
10 (C) The filing shall include relevant and
11 necessary data and documentation for the applicable
12 rate year. Normalization adjustments shall not be
13 required.
14 Within 45 days after the utility files its annual
15 update of cost inputs to the energy efficiency formula
16 rate, the Commission shall with reasonable notice,
17 initiate a proceeding concerning whether the projected
18 costs to be incurred by the utility and recovered during
19 the applicable rate year, and that are reflected in the
20 inputs to the energy efficiency formula rate, are
21 consistent with the utility's approved multi-year plan
22 under subsections (f) and (g) of this Section and whether
23 the costs incurred by the utility during the prior rate
24 year were prudent and reasonable. The Commission shall
25 also have the authority to investigate the information and
26 data described in paragraph (9) of subsection (g) of this
HB3595 Enrolled - 545 - LRB104 08153 BAB 18201 b
1 Section, including the proposed adjustment to the
2 utility's return on equity component of its weighted
3 average cost of capital. During the course of the
4 proceeding, each objection shall be stated with
5 particularity and evidence provided in support thereof,
6 after which the utility shall have the opportunity to
7 rebut the evidence. Discovery shall be allowed consistent
8 with the Commission's Rules of Practice, which Rules of
9 Practice shall be enforced by the Commission or the
10 assigned administrative law judge. The Commission shall
11 apply the same evidentiary standards, including, but not
12 limited to, those concerning the prudence and
13 reasonableness of the costs incurred by the utility,
14 during the proceeding as it would apply in a proceeding to
15 review a filing for a general increase in rates under
16 Article IX of this Act. The Commission shall not, however,
17 have the authority in a proceeding under this paragraph
18 (3) to consider or order any changes to the structure or
19 protocols of the energy efficiency formula rate approved
20 under paragraph (2) of this subsection (d). In a
21 proceeding under this paragraph (3), the Commission shall
22 enter its order no later than the earlier of 195 days after
23 the utility's filing of its annual update of cost inputs
24 to the energy efficiency formula rate or December 15. The
25 utility's proposed return on equity calculation, as
26 described in paragraphs (7) through (9) of subsection (g)
HB3595 Enrolled - 546 - LRB104 08153 BAB 18201 b
1 of this Section, shall be deemed the final, approved
2 calculation on December 15 of the year in which it is filed
3 unless the Commission enters an order on or before
4 December 15, after notice and hearing, that modifies such
5 calculation consistent with this Section. The Commission's
6 determinations of the prudence and reasonableness of the
7 costs incurred, and determination of such return on equity
8 calculation, for the applicable calendar year shall be
9 final upon entry of the Commission's order and shall not
10 be subject to reopening, reexamination, or collateral
11 attack in any other Commission proceeding, case, docket,
12 order, rule, or regulation; however, nothing in this
13 paragraph (3) shall prohibit a party from petitioning the
14 Commission to rehear or appeal to the courts the order
15 under the provisions of this Act.
16 (e) Beginning on June 1, 2017 (the effective date of
17 Public Act 99-906), a utility subject to the requirements of
18 this Section may elect to defer, as a regulatory asset, up to
19 the full amount of its expenditures incurred under this
20 Section for each annual period, including, but not limited to,
21 any expenditures incurred above the funding level set by
22 subsection (f) of this Section for a given year. The total
23 expenditures deferred as a regulatory asset in a given year
24 shall be amortized and recovered over a period that is equal to
25 the weighted average of the energy efficiency measure lives
26 implemented for that year that are reflected in the regulatory
HB3595 Enrolled - 547 - LRB104 08153 BAB 18201 b
1 asset. The unamortized balance shall be recognized as of
2 December 31 for a given year. The utility shall also earn a
3 return on the total of the unamortized balances of all of the
4 energy efficiency regulatory assets, less any deferred taxes
5 related to those unamortized balances, at an annual rate equal
6 to the utility's weighted average cost of capital that
7 includes, based on a year-end capital structure, the utility's
8 actual cost of debt for the applicable calendar year and a cost
9 of equity, which shall be determined as set forth in
10 subparagraph (C) of paragraph (2) of subsection of this
11 Section, including a revenue conversion factor calculated to
12 recover or refund all additional income taxes that may be
13 payable or receivable as a result of that return. Capital
14 investment costs shall be depreciated and recovered over their
15 useful lives consistent with generally accepted accounting
16 principles. The weighted average cost of capital shall be
17 applied to the capital investment cost balance, less any
18 accumulated depreciation and accumulated deferred income
19 taxes, as of December 31 for a given year.
20 When an electric utility creates a regulatory asset under
21 the provisions of this Section, the costs are recovered over a
22 period during which customers also receive a benefit which is
23 in the public interest. Accordingly, it is the intent of the
24 General Assembly that an electric utility that elects to
25 create a regulatory asset under the provisions of this Section
26 shall recover all of the associated costs as set forth in this
HB3595 Enrolled - 548 - LRB104 08153 BAB 18201 b
1 Section. After the Commission has approved the prudence and
2 reasonableness of the costs that comprise the regulatory
3 asset, the electric utility shall be permitted to recover all
4 such costs, and the value and recoverability through rates of
5 the associated regulatory asset shall not be limited, altered,
6 impaired, or reduced.
7 (f) Beginning in 2017, each electric utility shall file an
8 energy efficiency plan with the Commission to meet the energy
9 efficiency standards for the next applicable multi-year period
10 beginning January 1 of the year following the filing,
11 according to the schedule set forth in paragraphs (1) through
12 (3) of this subsection (f). If a utility does not file such a
13 plan on or before the applicable filing deadline for the plan,
14 it shall face a penalty of $100,000 per day until the plan is
15 filed.
16 (1) No later than 30 days after June 1, 2017 (the
17 effective date of Public Act 99-906), each electric
18 utility shall file a 4-year energy efficiency plan
19 commencing on January 1, 2018 that is designed to achieve
20 the cumulative persisting annual savings goals specified
21 in paragraphs (1) through (4) of subsection (b-5) of this
22 Section or in paragraphs (1) through (4) of subsection
23 (b-15) of this Section, as applicable, through
24 implementation of energy efficiency measures; however, the
25 goals may be reduced if the utility's expenditures are
26 limited pursuant to subsection (m) of this Section or, for
HB3595 Enrolled - 549 - LRB104 08153 BAB 18201 b
1 a utility that serves less than 3,000,000 retail
2 customers, if each of the following conditions are met:
3 (A) the plan's analysis and forecasts of the utility's
4 ability to acquire energy savings demonstrate that
5 achievement of such goals is not cost effective; and (B)
6 the amount of energy savings achieved by the utility as
7 determined by the independent evaluator for the most
8 recent year for which savings have been evaluated
9 preceding the plan filing was less than the average annual
10 amount of savings required to achieve the goals for the
11 applicable 4-year plan period. Except as provided in
12 subsection (m) of this Section, annual increases in
13 cumulative persisting annual savings goals during the
14 applicable 4-year plan period shall not be reduced to
15 amounts that are less than the maximum amount of
16 cumulative persisting annual savings that is forecast to
17 be cost-effectively achievable during the 4-year plan
18 period. The Commission shall review any proposed goal
19 reduction as part of its review and approval of the
20 utility's proposed plan.
21 (2) No later than March 1, 2021, each electric utility
22 shall file a 4-year energy efficiency plan commencing on
23 January 1, 2022 that is designed to achieve the cumulative
24 persisting annual savings goals specified in paragraphs
25 (5) through (8) of subsection (b-5) of this Section or in
26 paragraphs (5) through (8) of subsection (b-15) of this
HB3595 Enrolled - 550 - LRB104 08153 BAB 18201 b
1 Section, as applicable, through implementation of energy
2 efficiency measures; however, the goals may be reduced if
3 either (1) clear and convincing evidence demonstrates,
4 through independent analysis, that the expenditure limits
5 in subsection (m) of this Section preclude full
6 achievement of the goals or (2) each of the following
7 conditions are met: (A) the plan's analysis and forecasts
8 of the utility's ability to acquire energy savings
9 demonstrate by clear and convincing evidence and through
10 independent analysis that achievement of such goals is not
11 cost effective; and (B) the amount of energy savings
12 achieved by the utility as determined by the independent
13 evaluator for the most recent year for which savings have
14 been evaluated preceding the plan filing was less than the
15 average annual amount of savings required to achieve the
16 goals for the applicable 4-year plan period. If there is
17 not clear and convincing evidence that achieving the
18 savings goals specified in paragraph (b-5) or (b-15) of
19 this Section is possible both cost-effectively and within
20 the expenditure limits in subsection (m), such savings
21 goals shall not be reduced. Except as provided in
22 subsection (m) of this Section, annual increases in
23 cumulative persisting annual savings goals during the
24 applicable 4-year plan period shall not be reduced to
25 amounts that are less than the maximum amount of
26 cumulative persisting annual savings that is forecast to
HB3595 Enrolled - 551 - LRB104 08153 BAB 18201 b
1 be cost-effectively achievable during the 4-year plan
2 period. The Commission shall review any proposed goal
3 reduction as part of its review and approval of the
4 utility's proposed plan.
5 (2.5) Provisions of the multi-year plans for calendar
6 years 2026 through 2029 that relate to calendar year 2026
7 and that were filed by the electric utilities on February
8 28, 2025 shall remain in effect through calendar year
9 2026. Provisions of the plans for calendar years 2027
10 through 2029 shall be modified and resubmitted to the
11 Commission by the electric utilities pursuant to paragraph
12 (3) of this subsection (f).
13 (3) No later than the effective date of this
14 amendatory Act of the 104th General Assembly, each
15 electric utility shall file a 3-year energy efficiency
16 plan commencing on January 1, 2027 that is designed to
17 achieve, through implementation of energy efficiency
18 measures, lifetime energy equal to the product of the
19 incremental annual savings goals defined by paragraph (1)
20 of subsection (b-16) and the minimum average savings life
21 defined by paragraph (3) of subsection (b-16). The 3-year
22 energy efficiency plan of a utility that serves less than
23 3,000,000 retail customers but more than 500,000 retail
24 customers in the State must also be designed to achieve
25 lifetime peak demand savings equal to the product of the
26 incremental annual savings goals defined by paragraph (2)
HB3595 Enrolled - 552 - LRB104 08153 BAB 18201 b
1 of subsection (b-16) and the minimum average savings life
2 defined by paragraph (3) of subsection (b-16) through
3 implementation of energy efficiency measures. The savings
4 goals may be reduced if: (i) clear and convincing evidence
5 and independent analysis demonstrates that the expenditure
6 limits in subsection (m) of this Section preclude full
7 achievement of the goals, (ii) each of the following
8 conditions are met: (A) the plan's analysis and forecasts
9 of the utility's ability to acquire energy savings
10 demonstrate by clear and convincing evidence and through
11 independent analysis that achievement of such goals is not
12 cost-effective; and (B) the amount of energy savings
13 achieved by the utility, as determined by the independent
14 evaluator, for the most recent year for which savings have
15 been evaluated preceding the plan filing was less than the
16 average annual amount of savings required to achieve the
17 goals for the applicable multi-year plan period, or (iii)
18 changes in federal law, programs, or tariffs have a
19 significant and demonstrable impact on the cost of
20 delivering measures and programs. If there is not clear
21 and convincing evidence that achieving the savings goals
22 specified in subsection (b-16) is not possible both
23 cost-effectively and within the expenditure limits in
24 subsection (m), such savings goals shall not be reduced.
25 Except as provided in subsection (m), annual savings goals
26 during the applicable multi-year plan period shall not be
HB3595 Enrolled - 553 - LRB104 08153 BAB 18201 b
1 reduced to amounts that are less than the maximum amount
2 of annual savings that is forecasted to be
3 cost-effectively achievable during the applicable
4 multi-year plan period. The Commission shall review any
5 proposed goal reduction as part of its review and approval
6 of the utility's proposed plan.
7 (4) No later than March 1, 2029, and every 4 years
8 thereafter, each electric utility shall file a 4-year
9 energy efficiency plan commencing on January 1, 2030, and
10 every 4 years thereafter, respectively, that is designed
11 to achieve, through implementation of energy efficiency
12 measures, lifetime energy equal to the product of the
13 incremental annual savings goals defined by paragraph (1)
14 of subsection (b-16) and the minimum average savings life
15 described in paragraph (C) of subsection (b-16) of this
16 Section. The multi-year energy efficiency plan of a
17 utility that serves less than 3,000,000 retail customers
18 but more than 500,000 retail customers in the State must
19 also be designed to achieve lifetime peak demand savings
20 equal to the product of the incremental annual savings
21 goals defined by paragraph (2) of subsection (b-16) and
22 the minimum average savings life defined by paragraph (3)
23 of subsection (b-16) through implementation of energy
24 efficiency measures. However, the goals may be reduced if:
25 (1) clear and convincing evidence and independent analysis
26 demonstrates that the expenditure limits in subsection (m)
HB3595 Enrolled - 554 - LRB104 08153 BAB 18201 b
1 of this Section preclude full achievement of the goals;
2 (2) each of the following conditions are met: (A) the
3 plan's analysis and forecasts of the utility's ability to
4 acquire energy savings demonstrate by clear and convincing
5 evidence and through independent analysis that achievement
6 of such goals is not cost-effective; and (B) the amount of
7 energy savings achieved by the utility as determined by
8 the independent evaluator for the most recent year for
9 which savings have been evaluated preceding the plan
10 filing was less than the average annual amount of savings
11 required to achieve the goals for the applicable
12 multi-year plan period; or (3) changes in federal law,
13 programs, or tariffs have a significant and demonstrable
14 impact on the cost of delivering measures and programs. If
15 there is not clear and convincing evidence that achieving
16 the savings goals specified in subsection paragraph (b-16)
17 of this Section is possible both cost-effectively and
18 within the expenditure limits in subsection (m), such
19 savings goals shall not be reduced. Except as provided in
20 subsection (m) of this Section, annual savings goals
21 during the applicable multi-year plan period shall not be
22 reduced to amounts that are less than the maximum amount
23 of annual savings that is forecast to be cost-effectively
24 achievable during the applicable multi-year plan period.
25 The Commission shall review any proposed goal reduction as
26 part of its review and approval of the utility's proposed
HB3595 Enrolled - 555 - LRB104 08153 BAB 18201 b
1 plan.
2 Each utility's plan shall set forth the utility's
3 proposals to meet the energy efficiency standards identified
4 in subsection (b-5), (b-15), or (b-16), as applicable and as
5 such standards may have been modified under this subsection
6 (f), taking into account the unique circumstances of the
7 utility's service territory. For those plans commencing on
8 January 1, 2018, the Commission shall seek public comment on
9 the utility's plan and shall issue an order approving or
10 disapproving each plan no later than 105 days after June 1,
11 2017 (the effective date of Public Act 99-906). For those
12 plans commencing after December 31, 2021, the Commission shall
13 seek public comment on the utility's plan and shall issue an
14 order approving or disapproving each plan within 6 months
15 after its submission. If the Commission disapproves a plan,
16 the Commission shall, within 30 days, describe in detail the
17 reasons for the disapproval and describe a path by which the
18 utility may file a revised draft of the plan to address the
19 Commission's concerns satisfactorily. If the utility does not
20 refile with the Commission within 60 days, the utility shall
21 be subject to penalties at a rate of $100,000 per day until the
22 plan is filed. This process shall continue, and penalties
23 shall accrue, until the utility has successfully filed a
24 portfolio of energy efficiency and demand-response measures.
25 Penalties shall be deposited into the Energy Efficiency Trust
26 Fund.
HB3595 Enrolled - 556 - LRB104 08153 BAB 18201 b
1 (g) In submitting proposed plans and funding levels under
2 subsection (f) of this Section to meet the savings goals
3 identified in subsection (b-5), (b-15), or (b-16) of this
4 Section, as applicable, the utility shall:
5 (1) Demonstrate that its proposed energy efficiency
6 measures will achieve the applicable requirements that are
7 identified in subsection (b-5), (b-15), or (b-16) of this
8 Section, as modified by subsection (f) of this Section.
9 (2) (Blank).
10 (2.5) Demonstrate consideration of program options for
11 (A) advancing new building codes, appliance standards, and
12 municipal regulations governing existing and new building
13 efficiency improvements and (B) supporting efforts to
14 improve compliance with new building codes, appliance
15 standards and municipal regulations, as potentially
16 cost-effective means of acquiring energy savings to count
17 toward savings goals.
18 (3) Demonstrate that its overall portfolio of
19 measures, not including low-income programs described in
20 subsection (c) of this Section, is cost-effective using
21 the total resource cost test or complies with paragraphs
22 (1) through (3) of subsection (f) of this Section and
23 represents a diverse cross-section of opportunities for
24 customers of all rate classes, other than those customers
25 described in subsection (l) of this Section, to
26 participate in the programs. Individual measures need not
HB3595 Enrolled - 557 - LRB104 08153 BAB 18201 b
1 be cost effective.
2 (3.5) Demonstrate that the utility's plan integrates
3 the delivery of energy efficiency programs with natural
4 gas efficiency programs, programs promoting distributed
5 solar, programs promoting demand response and other
6 efforts to address bill payment issues, including, but not
7 limited to, LIHEAP and the Percentage of Income Payment
8 Plan, to the extent such integration is practical and has
9 the potential to enhance customer engagement, minimize
10 market confusion, or reduce administrative costs.
11 (4) If the utility chooses, present a third-party
12 energy efficiency implementation program subject to the
13 following requirements:
14 (A) (blank);
15 (B) during 2018, the utility shall conduct a
16 solicitation process for purposes of requesting
17 proposals from third-party vendors for those
18 third-party energy efficiency programs to be offered
19 during one or more of the years commencing January 1,
20 2019, January 1, 2020, and January 1, 2021; for those
21 multi-year plans commencing on January 1, 2022 and
22 January 1, 2026, the utility shall conduct a
23 solicitation process during 2021 and 2025,
24 respectively, for purposes of requesting proposals
25 from third-party vendors for those third-party energy
26 efficiency programs to be offered during one or more
HB3595 Enrolled - 558 - LRB104 08153 BAB 18201 b
1 years of the respective multi-year plan period; for
2 each solicitation process, the utility shall identify
3 the sector, technology, or geographical area for which
4 it is seeking requests for proposals; the solicitation
5 process must be either for programs that fill gaps in
6 the utility's program portfolio and for programs that
7 target low-income customers, business sectors,
8 building types, geographies, or other specific parts
9 of its customer base with initiatives that would be
10 more effective at reaching these customer segments
11 than the utilities' programs filed in its energy
12 efficiency plans;
13 (C) the utility shall propose the bidder
14 qualifications, performance measurement process, and
15 contract structure, which must include a performance
16 payment mechanism and general terms and conditions;
17 the proposed qualifications, process, and structure
18 shall be subject to Commission approval; and
19 (D) the utility shall retain an independent third
20 party to score the proposals received through the
21 solicitation process described in this paragraph (4),
22 rank them according to their cost per lifetime
23 kilowatt-hours saved, and assemble the portfolio of
24 third-party programs.
25 The electric utility shall recover all costs
26 associated with Commission-approved, third-party
HB3595 Enrolled - 559 - LRB104 08153 BAB 18201 b
1 administered programs regardless of the success of those
2 programs.
3 (4.5) Implement cost-effective demand-response
4 measures to reduce peak demand by 0.1% over the prior year
5 for eligible retail customers, as defined in Section
6 16-111.5 of this Act, and for customers that elect hourly
7 service from the utility pursuant to Section 16-107 of
8 this Act, provided those customers have not been declared
9 competitive. This requirement continues until December 31,
10 2026.
11 (5) Include a proposed or revised cost-recovery tariff
12 mechanism, as provided for under subsection (d) of this
13 Section, to fund the proposed energy efficiency and
14 demand-response measures and to ensure the recovery of the
15 prudently and reasonably incurred costs of
16 Commission-approved programs.
17 (6) Provide for an annual independent evaluation of
18 the performance of the cost-effectiveness of the utility's
19 portfolio of measures, as well as a full review of the
20 multi-year plan results of the broader net program impacts
21 and, to the extent practical, for adjustment of the
22 measures on a going-forward basis as a result of the
23 evaluations. The resources dedicated to evaluation shall
24 not exceed 3% of portfolio resources in any given year.
25 (7) For electric utilities that serve more than
26 3,000,000 retail customers in the State:
HB3595 Enrolled - 560 - LRB104 08153 BAB 18201 b
1 (A) Through December 31, 2026, provide for an
2 adjustment to the return on equity component of the
3 utility's weighted average cost of capital calculated
4 under subsection (d) of this Section:
5 (i) If the independent evaluator determines
6 that the utility achieved a cumulative persisting
7 annual savings that is less than the applicable
8 annual incremental goal, then the return on equity
9 component shall be reduced by a maximum of 200
10 basis points in the event that the utility
11 achieved no more than 75% of such goal. If the
12 utility achieved more than 75% of the applicable
13 annual incremental goal but less than 100% of such
14 goal, then the return on equity component shall be
15 reduced by 8 basis points for each percent by
16 which the utility failed to achieve the goal.
17 (ii) If the independent evaluator determines
18 that the utility achieved a cumulative persisting
19 annual savings that is more than the applicable
20 annual incremental goal, then the return on equity
21 component shall be increased by a maximum of 200
22 basis points in the event that the utility
23 achieved at least 125% of such goal. If the
24 utility achieved more than 100% of the applicable
25 annual incremental goal but less than 125% of such
26 goal, then the return on equity component shall be
HB3595 Enrolled - 561 - LRB104 08153 BAB 18201 b
1 increased by 8 basis points for each percent by
2 which the utility achieved above the goal. If the
3 applicable annual incremental goal was reduced
4 under paragraph (1) or (2) of subsection (f) of
5 this Section, then the following adjustments shall
6 be made to the calculations described in this item
7 (ii):
8 (aa) the calculation for determining
9 achievement that is at least 125% of the
10 applicable annual incremental goal shall use
11 the unreduced applicable annual incremental
12 goal to set the value; and
13 (bb) the calculation for determining
14 achievement that is less than 125% but more
15 than 100% of the applicable annual incremental
16 goal shall use the reduced applicable annual
17 incremental goal to set the value for 100%
18 achievement of the goal and shall use the
19 unreduced goal to set the value for 125%
20 achievement. The 8 basis point value shall
21 also be modified, as necessary, so that the
22 200 basis points are evenly apportioned among
23 each percentage point value between 100% and
24 125% achievement.
25 (B) (Blank).
26 (C) (Blank).
HB3595 Enrolled - 562 - LRB104 08153 BAB 18201 b
1 (7.5) For purposes of this Section, the term
2 "applicable annual incremental goal" means the difference
3 between the cumulative persisting annual savings goal for
4 the calendar year that is the subject of the independent
5 evaluator's determination and the cumulative persisting
6 annual savings goal for the immediately preceding calendar
7 year, as such goals are defined in subsections (b-5) and
8 (b-15) of this Section and as these goals may have been
9 modified as provided for under subsection (b-20) and
10 paragraphs (1) and (2) of subsection (f) of this Section.
11 Under subsections (b), (b-5), (b-10), and (b-15) of this
12 Section, a utility must first replace energy savings from
13 measures that have expired before any progress towards
14 achievement of its applicable annual incremental goal may
15 be counted. Savings may expire because measures installed
16 in previous years have reached the end of their lives,
17 because measures installed in previous years are producing
18 lower savings in the current year than in the previous
19 year, or for other reasons identified by independent
20 evaluators. Notwithstanding anything else set forth in
21 this Section, the difference between the actual annual
22 incremental savings achieved in any given year, including
23 the replacement of energy savings that have expired, and
24 the applicable annual incremental goal shall not affect
25 adjustments to the return on equity for subsequent
26 calendar years under this subsection (g).
HB3595 Enrolled - 563 - LRB104 08153 BAB 18201 b
1 In this Section, "applicable annual total savings
2 requirement" means the total amount of new annual savings
3 that the utility must achieve in any given year to achieve
4 the applicable annual incremental goal. This is equal to
5 the applicable annual incremental goal plus the total new
6 annual savings that are required to replace savings that
7 expired in or at the end of the previous year.
8 (8) For electric utilities that serve less than
9 3,000,000 retail customers but more than 500,000 retail
10 customers in the State:
11 (A) Through December 31, 2026, the applicable
12 annual incremental goal shall be compared to the
13 annual incremental savings as determined by the
14 independent evaluator.
15 (i) The return on equity component shall be
16 reduced by 8 basis points for each percent by
17 which the utility did not achieve 84.4% of the
18 applicable annual incremental goal.
19 (ii) The return on equity component shall be
20 increased by 8 basis points for each percent by
21 which the utility exceeded 100% of the applicable
22 annual incremental goal.
23 (iii) The return on equity component shall not
24 be increased or decreased if the annual
25 incremental savings as determined by the
26 independent evaluator is greater than 84.4% of the
HB3595 Enrolled - 564 - LRB104 08153 BAB 18201 b
1 applicable annual incremental goal and less than
2 100% of the applicable annual incremental goal.
3 (iv) The return on equity component shall not
4 be increased or decreased by an amount greater
5 than 200 basis points pursuant to this
6 subparagraph (A).
7 (B) (Blank).
8 (C) (Blank).
9 (D) (Blank).
10 (8.5) Beginning January 1, 2027, a utility that serves
11 greater than 500,000 retail customers in the State shall
12 have the utility's return on equity modified for
13 performance on the utility's energy savings and peak
14 demand savings goals as follows:
15 (A) The return on equity for a utility that serves
16 more than 3,000,000 retail customers in the State may
17 be adjusted up or down by a maximum of 200 basis points
18 for its performance relative to its incremental annual
19 energy savings goal. The return on equity for a
20 utility that serves less than 3,000,000 retail
21 customers but more than 500,000 retail customers in
22 the State may be adjusted up or down by a maximum of
23 100 basis points for its performance relative to its
24 incremental annual energy savings goal and a maximum
25 of 100 basis points for its performance relative to
26 its incremental annual coincident peak demand savings
HB3595 Enrolled - 565 - LRB104 08153 BAB 18201 b
1 goal.
2 (B) A utility's performance on its savings goals
3 shall be established by comparing the actual lifetime
4 energy, and coincident peak demand savings if a
5 utility serves less than 3,000,000 retail customers
6 but more than 500,000 retail customers in the State,
7 achieved from efficiency measures installed in a given
8 year to the product of the incremental annual goals
9 established in paragraphs (1) and (2) of subsection
10 (b-16) and the minimum average savings lives
11 established in paragraph (3) of subsection (b-16), as
12 modified, if applicable, by the Commission under
13 paragraph (4) of subsection (f) of this Section. For
14 the purposes of this paragraph (8.5), "lifetime
15 savings" means the total incremental savings that
16 installed efficiency measures are projected to
17 produce, relative to what would have occurred absent
18 to the utility's efficiency programs, over the useful
19 lives of the measures. Performance on the energy
20 savings goal, and coincident peak demand savings if a
21 utility serves less than 3,000,000 retail customers
22 but more than 500,000 retail customers in the State,
23 shall be assessed separately, such that it is possible
24 to earn penalties on both, earn bonuses on both, or
25 earn a bonus for performance on one goal and a penalty
26 on the other.
HB3595 Enrolled - 566 - LRB104 08153 BAB 18201 b
1 (C) No bonus shall be earned if a utility does not
2 achieve greater than 100% of an approved goal. The
3 maximum bonus for a goal shall be earned if the utility
4 achieves 125% of the unmodified goal. For a utility
5 that serves less than 3,000,000 retail customers but
6 more than 500,000 retail customers in the State, the
7 bonus earned for achieving more than 100% of an
8 approved goal but less than 125% of the unmodified
9 goal shall be linearly interpolated. For a utility
10 with more than 3,000,000 retail customers, the maximum
11 bonus for a goal shall be earned if the utility
12 achieves 125% of the unmodified goal. For a utility
13 with more than 3,000,000 retail customers, the bonus
14 earned for achieving more than 100% of an approved
15 goal but less than 125% of the unmodified goal shall be
16 linearly interpolated.
17 (D) For utilities with greater than 3,000,000
18 retail customers, the return on equity shall be
19 unmodified due to performance on an individual goal
20 only if the utility achieves exactly 100% of the goal.
21 For utilities with more than 500,000 but fewer than
22 3,000,000 retail customers, the return on equity shall
23 be unmodified for achieving between 85% and 100% of
24 the goal.
25 (E) Penalties may be earned for falling short of
26 goals, with the magnitude of any penalty being a
HB3595 Enrolled - 567 - LRB104 08153 BAB 18201 b
1 function of both the size of the utility and whether
2 goals established in subsection (b-16) are modified by
3 the Commission under paragraph (4) of subsection (f)
4 of this Section, as follows:
5 (i) If the savings goals specified in
6 subsection (b-16) of this Section are unmodified,
7 a utility with more than 3,000,000 retail
8 customers shall earn the maximum penalty allocated
9 to a goal for achieving 75% or less of the goal.
10 The penalty for achieving greater than 75% but
11 less than 100% of the goal shall be linearly
12 interpolated.
13 (ii) If the savings goals specified in
14 subsection (b-16) of this Section are unmodified,
15 a utility with more than 500,000 but fewer than
16 3,000,000 retail customers shall earn the maximum
17 penalty allocated to a goal for achieving at least
18 33.3 percentage points less than the bottom end of
19 the deadband specified in subparagraph (D) of this
20 paragraph (8.5). The penalty for achieving less
21 than the bottom end of the deadband and greater
22 than 33.3 percentage points less than the bottom
23 end of the deadband shall be linearly
24 interpolated.
25 (iii) If either the energy or peak demand
26 savings goals specified in subsection (b-16) are
HB3595 Enrolled - 568 - LRB104 08153 BAB 18201 b
1 reduced under paragraph (3) or (4) of subsection
2 (f) of this Section, the maximum penalty allocated
3 to a goal shall be earned if the utility achieves
4 80% or less of the modified goal. The penalty for
5 achieving more than 80% but less than 100% of a
6 modified goal shall be linearly interpolated.
7 (9) The utility shall submit the energy savings data
8 to the independent evaluator no later than 30 days after
9 the close of the plan year. The independent evaluator
10 shall determine the cumulative persisting annual savings
11 and annual incremental savings for a given plan year, as
12 well as an estimate of job impacts and other macroeconomic
13 impacts of the efficiency programs for that year, no later
14 than 120 days after the close of the plan year. The utility
15 shall submit an informational filing to the Commission no
16 later than 160 days after the close of the plan year that
17 attaches the independent evaluator's final report
18 identifying the cumulative persisting annual savings for
19 the year and calculates, under paragraph (7) or (8) of
20 this subsection (g), as applicable, any resulting change
21 to the utility's return on equity component of the
22 weighted average cost of capital applicable to the next
23 plan year beginning with the January monthly billing
24 period and extending through the December monthly billing
25 period. However, if the utility recovers the costs
26 incurred under this Section under paragraphs (2) and (3)
HB3595 Enrolled - 569 - LRB104 08153 BAB 18201 b
1 of subsection (d) of this Section, then the utility shall
2 not be required to submit such informational filing, and
3 shall instead submit the information that would otherwise
4 be included in the informational filing as part of its
5 filing under paragraph (3) of such subsection (d) that is
6 due on or before June 1 of each year.
7 For those utilities that must submit the informational
8 filing, the Commission may, on its own motion or by
9 petition, initiate an investigation of such filing,
10 provided, however, that the utility's proposed return on
11 equity calculation shall be deemed the final, approved
12 calculation on December 15 of the year in which it is filed
13 unless the Commission enters an order on or before
14 December 15, after notice and hearing, that modifies such
15 calculation consistent with this Section.
16 The adjustments to the return on equity component
17 described in paragraphs (7) and (8) of this subsection (g)
18 shall be applied as described in such paragraphs through a
19 separate tariff mechanism, which shall be filed by the
20 utility under subsections (f) and (g) of this Section.
21 (9.5) The utility must demonstrate how it will ensure
22 that program implementation contractors and energy
23 efficiency installation vendors will promote workforce
24 equity and quality jobs. For all construction,
25 installation, or other related services procured under
26 this Section, an electric utility must:
HB3595 Enrolled - 570 - LRB104 08153 BAB 18201 b
1 (A) award a bid preference of 2% to a contractor if
2 the contractor certifies under oath that the
3 contractor's primary place of business is located
4 within the utility's service area; and
5 (B) award a bid preference of 2% to a contractor if
6 the contractor certifies under oath that at least 85%
7 of the workforce to be utilized for such construction,
8 installation, or other related services reside in the
9 utility's service area.
10 (9.6) Utilities shall collect data necessary to ensure
11 compliance with paragraph (9.5) no less than quarterly and
12 shall communicate progress toward compliance with
13 paragraph (9.5) to program implementation contractors and
14 energy efficiency installation vendors no less than
15 quarterly. Utilities shall work with relevant vendors,
16 providing education, training, and other resources needed
17 to ensure compliance and, where necessary, adjusting or
18 terminating work with vendors that cannot assist with
19 compliance.
20 (10) Utilities required to implement efficiency
21 programs under subsections (b-5), (b-10), and (b-16) shall
22 report annually to the Illinois Commerce Commission and
23 the General Assembly on how hiring, contracting, job
24 training, and other practices related to its energy
25 efficiency programs enhance the diversity of vendors
26 working on such programs. These reports must include data
HB3595 Enrolled - 571 - LRB104 08153 BAB 18201 b
1 on vendor and employee diversity, including data on the
2 implementation of paragraphs (9.5) and (9.6) and the
3 proportion of total program dollars awarded to firms that
4 meet the criteria of subparagraphs (A) and (B) of
5 paragraph (9.5). If the utility is not meeting the
6 requirements of paragraphs (9.5) and (9.6), the utility
7 shall submit a plan to adjust their activities so that
8 they meet the requirements of paragraphs (9.5) and (9.6)
9 within the following year.
10 (h) No more than 4% of energy efficiency and
11 demand-response program revenue may be allocated for research,
12 development, or pilot deployment of new equipment or measures.
13 Electric utilities shall work with interested stakeholders to
14 formulate a plan for how these funds should be spent,
15 incorporate statewide approaches for these allocations, and
16 file a 4-year plan that demonstrates that collaboration. If a
17 utility files a request for modified annual energy savings
18 goals with the Commission, then a utility shall forgo spending
19 portfolio dollars on research and development proposals.
20 (i) When practicable, electric utilities shall incorporate
21 advanced metering infrastructure data into the planning,
22 implementation, and evaluation of energy efficiency measures
23 and programs, subject to the data privacy and confidentiality
24 protections of applicable law.
25 (j) The independent evaluator shall follow the guidelines
26 and use the savings set forth in Commission-approved energy
HB3595 Enrolled - 572 - LRB104 08153 BAB 18201 b
1 efficiency policy manuals and technical reference manuals, as
2 each may be updated from time to time. Until such time as
3 measure life values for energy efficiency measures implemented
4 for low-income households under subsection (c) of this Section
5 are incorporated into such Commission-approved manuals, the
6 low-income measures shall have the same measure life values
7 that are established for same measures implemented in
8 households that are not low-income households.
9 (k) Notwithstanding any provision of law to the contrary,
10 an electric utility subject to the requirements of this
11 Section may file a tariff cancelling an automatic adjustment
12 clause tariff in effect under this Section or Section 8-103,
13 which shall take effect no later than one business day after
14 the date such tariff is filed. Thereafter, the utility shall
15 be authorized to defer and recover its expenditures incurred
16 under this Section through a new tariff authorized under
17 subsection (d) of this Section or in the utility's next rate
18 case under Article IX or Section 16-108.5 of this Act, with
19 interest at an annual rate equal to the utility's weighted
20 average cost of capital as approved by the Commission in such
21 case. If the utility elects to file a new tariff under
22 subsection (d) of this Section, the utility may file the
23 tariff within 10 days after June 1, 2017 (the effective date of
24 Public Act 99-906), and the cost inputs to such tariff shall be
25 based on the projected costs to be incurred by the utility
26 during the calendar year in which the new tariff is filed and
HB3595 Enrolled - 573 - LRB104 08153 BAB 18201 b
1 that were not recovered under the tariff that was cancelled as
2 provided for in this subsection. Such costs shall include
3 those incurred or to be incurred by the utility under its
4 multi-year plan approved under subsections (f) and (g) of this
5 Section, including, but not limited to, projected capital
6 investment costs and projected regulatory asset balances with
7 correspondingly updated depreciation and amortization reserves
8 and expense. The Commission shall, after notice and hearing,
9 approve, or approve with modification, such tariff and cost
10 inputs no later than 75 days after the utility filed the
11 tariff, provided that such approval, or approval with
12 modification, shall be consistent with the provisions of this
13 Section to the extent they do not conflict with this
14 subsection (k). The tariff approved by the Commission shall
15 take effect no later than 5 days after the Commission enters
16 its order approving the tariff.
17 No later than 60 days after the effective date of the
18 tariff cancelling the utility's automatic adjustment clause
19 tariff, the utility shall file a reconciliation that
20 reconciles the moneys collected under its automatic adjustment
21 clause tariff with the costs incurred during the period
22 beginning June 1, 2016 and ending on the date that the electric
23 utility's automatic adjustment clause tariff was cancelled. In
24 the event the reconciliation reflects an under-collection, the
25 utility shall recover the costs as specified in this
26 subsection (k). If the reconciliation reflects an
HB3595 Enrolled - 574 - LRB104 08153 BAB 18201 b
1 over-collection, the utility shall apply the amount of such
2 over-collection as a one-time credit to retail customers'
3 bills.
4 (l) For the calendar years covered by a multi-year plan
5 commencing after December 31, 2017, subsections (a) through
6 (j) of this Section do not apply to eligible large private
7 energy customers that have chosen to opt out of multi-year
8 plans consistent with this subsection (1).
9 (1) For purposes of this subsection (l), "eligible
10 large private energy customer" means any retail customers,
11 except for federal, State, municipal, and other public
12 customers, of an electric utility that serves more than
13 3,000,000 retail customers, except for federal, State,
14 municipal and other public customers, in the State and
15 whose total highest 30 minute demand was more than 10,000
16 kilowatts, or any retail customers of an electric utility
17 that serves less than 3,000,000 retail customers but more
18 than 500,000 retail customers in the State and whose total
19 highest 15 minute demand was more than 10,000 kilowatts.
20 For purposes of this subsection (l), "retail customer" has
21 the meaning set forth in Section 16-102 of this Act.
22 However, for a business entity with multiple sites located
23 in the State, where at least one of those sites qualifies
24 as an eligible large private energy customer, then any of
25 that business entity's sites, properly identified on a
26 form for notice, shall be considered eligible large
HB3595 Enrolled - 575 - LRB104 08153 BAB 18201 b
1 private energy customers for the purposes of this
2 subsection (l). A determination of whether this subsection
3 is applicable to a customer shall be made for each
4 multi-year plan beginning after December 31, 2017. The
5 criteria for determining whether this subsection (l) is
6 applicable to a retail customer shall be based on the 12
7 consecutive billing periods prior to the start of the
8 first year of each such multi-year plan.
9 (2) Within 45 days after September 15, 2021 (the
10 effective date of Public Act 102-662), the Commission
11 shall prescribe the form for notice required for opting
12 out of energy efficiency programs. The notice must be
13 submitted to the retail electric utility 12 months before
14 the next energy efficiency planning cycle. However, within
15 120 days after the Commission's initial issuance of the
16 form for notice, eligible large private energy customers
17 may submit a form for notice to an electric utility. The
18 form for notice for opting out of energy efficiency
19 programs shall include all of the following:
20 (A) a statement indicating that the customer has
21 elected to opt out;
22 (B) the account numbers for the customer accounts
23 to which the opt out shall apply;
24 (C) the mailing address associated with the
25 customer accounts identified under subparagraph (B);
26 (D) an American Society of Heating, Refrigerating,
HB3595 Enrolled - 576 - LRB104 08153 BAB 18201 b
1 and Air-Conditioning Engineers (ASHRAE) level 2 or
2 higher audit report conducted by an independent
3 third-party expert identifying cost-effective energy
4 efficiency project opportunities that could be
5 invested in over the next 10 years. A retail customer
6 with specialized processes may utilize a self-audit
7 process in lieu of the ASHRAE audit;
8 (E) a description of the customer's plans to
9 reallocate the funds toward internal energy efficiency
10 efforts identified in the subparagraph (D) report,
11 including, but not limited to: (i) strategic energy
12 management or other programs, including descriptions
13 of targeted buildings, equipment and operations; (ii)
14 eligible energy efficiency measures; and (iii)
15 expected energy savings, itemized by technology. If
16 the subparagraph (D) audit report identifies that the
17 customer currently utilizes the best available energy
18 efficient technology, equipment, programs, and
19 operations, the customer may provide a statement that
20 more efficient technology, equipment, programs, and
21 operations are not reasonably available as a means of
22 satisfying this subparagraph (E); and
23 (F) the effective date of the opt out, which will
24 be the next January 1 following notice of the opt out.
25 (3) Upon receipt of a properly and timely noticed
26 request for opt out submitted by an eligible large private
HB3595 Enrolled - 577 - LRB104 08153 BAB 18201 b
1 energy customer, the retail electric utility shall grant
2 the request, file the request with the Commission and,
3 beginning January 1 of the following year, the opted out
4 customer shall no longer be assessed the costs of the plan
5 and shall be prohibited from participating in that 4-year
6 plan cycle to give the retail utility the certainty to
7 design program plan proposals.
8 (4) Upon a customer's election to opt out under
9 paragraphs (1) and (2) of this subsection (l) and
10 commencing on the effective date of said opt out, the
11 account properly identified in the customer's notice under
12 paragraph (2) shall not be subject to any cost recovery
13 and shall not be eligible to participate in, or directly
14 benefit from, compliance with energy efficiency cumulative
15 persisting savings requirements under subsections (a)
16 through (j).
17 (5) A utility's cumulative persisting annual savings
18 targets will exclude any opted out load.
19 (6) The request to opt out is only valid for the
20 requested plan cycle. An eligible large private energy
21 customer must also request to opt out for future energy
22 plan cycles, otherwise the customer will be included in
23 the future energy plan cycle.
24 (m) Notwithstanding the requirements of this Section, as
25 part of a proceeding to approve a multi-year plan under
26 subsections (f) and (g) of this Section if the multi-year plan
HB3595 Enrolled - 578 - LRB104 08153 BAB 18201 b
1 has been designed to maximize savings, but does not meet the
2 cost cap limitations of this Section, the Commission shall
3 reduce the amount of energy efficiency measures implemented
4 for any single year, and whose costs are recovered under
5 subsection (d) of this Section, by an amount necessary to
6 limit the estimated average net increase due to the cost of the
7 measures to no more than
8 (1) 3.5% for each of the 4 years beginning January 1,
9 2018,
10 (2) (blank),
11 (3) 4% for each of the 4 years beginning January 1,
12 2022,
13 (3.5) 4.25% for 2026,
14 (4) 4.25% for electric utilities that serve more than
15 3,000,000 retail customers in the State, and 4.21% for
16 2027, 5.25% for 2028, and 6.06% for 2029 for electric
17 utilities with less than 3,000,000 retail customers but
18 more than 500,000 retail customers in the State, for the 3
19 years beginning January 1, 2027, and
20 (5) the percentage specified in paragraph (4)
21 applicable to 2029 plus an increase sufficient to account
22 for the rate of inflation between January 1, 2027 and
23 January 1 of the first year of each subsequent 4-year plan
24 cycle,
25 of the average amount paid per kilowatthour by residential
26 eligible retail customers during calendar year 2015 for plans
HB3595 Enrolled - 579 - LRB104 08153 BAB 18201 b
1 in effect through 2026 and during calendar year 2023 for plans
2 commencing in 2027 and thereafter. An electric utility may
3 plan to spend up to 10% more in any year during an applicable
4 multi-year plan period, including any transition period
5 authorized under paragraph (2.5) of subsection (f), to
6 cost-effectively achieve additional savings so long as the
7 average over the applicable multi-year plan period, which
8 shall include any transition period, does not exceed the
9 percentages defined in items (1) through (5). To determine the
10 total amount that may be spent by an electric utility in any
11 single year, the applicable percentage of the average amount
12 paid per kilowatthour shall be multiplied by the total amount
13 of energy delivered by such electric utility in the calendar
14 year 2015 for plans in effect through 2026 and during calendar
15 year 2023 for plans commencing in 2027 and thereafter,
16 adjusted to reflect the proportion of the utility's load
17 attributable to customers that have opted out of subsections
18 (a) through (j) of this Section under subsection (l) of this
19 Section. For purposes of this subsection (m), the amount paid
20 per kilowatthour includes, without limitation, estimated
21 amounts paid for supply, transmission, distribution,
22 surcharges, and add-on taxes. For purposes of this Section,
23 "eligible retail customers" shall have the meaning set forth
24 in Section 16-111.5 of this Act. Once the Commission has
25 approved a plan under subsections (f) and (g) of this Section,
26 no subsequent rate impact determinations shall be made.
HB3595 Enrolled - 580 - LRB104 08153 BAB 18201 b
1 (n) A utility shall take advantage of the efficiencies
2 available through existing Illinois Home Weatherization
3 Assistance Program infrastructure and services, such as
4 enrollment, marketing, quality assurance and implementation,
5 which can reduce the need for similar services at a lower cost
6 than utility-only programs, subject to capacity constraints at
7 community action agencies, for both single-family and
8 multifamily weatherization services, to the extent Illinois
9 Home Weatherization Assistance Program community action
10 agencies provide multifamily services. A utility's plan shall
11 demonstrate that in formulating annual weatherization budgets,
12 it has sought input and coordination with community action
13 agencies regarding agencies' capacity to expand and maximize
14 Illinois Home Weatherization Assistance Program delivery using
15 the ratepayer dollars collected under this Section.
16 (Source: P.A. 103-154, eff. 6-30-23; 103-613, eff. 7-1-24;
17 104-458, eff. 6-1-26.)
18 Section 180. The Child Care Act of 1969 is amended by
19 changing Sections 2.09, 2.11, 2.18, 2.20, 3, 3.01, 3.7, 3.8,
20 4, 4.01, 4.1, 4.2, 4.2a, 4.3, 4.3a, 4.4, 4.4a, 4.5, 5, 5.01,
21 5.1, 5.1a, 5.2, 5.2a, 5.3, 5.5, 5.6, 5.8, 5.9, 5.10, 5.11,
22 5.12, 6, 7, 7.10, 8, 8.1, 8.2, 8.5, 8a, 8.1a, 8.2a, 8.6, 9,
23 9.01, 9.1c, 9.2, 10, 11.2, 11.3, 12, 12.1, 15, 15.1, 16.1, 18,
24 and 18.1 and by adding Section 2.41 as follows:
HB3595 Enrolled - 581 - LRB104 08153 BAB 18201 b
1 (225 ILCS 10/2.09)
2 (Text of Section before amendment by P.A. 103-594)
3 Sec. 2.09. "Day care center" means any child care facility
4 which regularly provides day care for less than 24 hours per
5 day, except as provided for in Section 5.12, for (1) more than
6 8 children in a family home, or (2) more than 3 children in a
7 facility other than a family home, including senior citizen
8 buildings.
9 The term does not include:
10 (a) programs operated by (i) public or private
11 elementary school systems or secondary level school units
12 or institutions of higher learning that serve children who
13 shall have attained the age of 3 years or (ii) private
14 entities on the grounds of public or private elementary or
15 secondary schools and that serve children who have
16 attained the age of 3 years, except that this exception
17 applies only to the facility and not to the private
18 entities' personnel operating the program;
19 (b) programs or that portion of the program which
20 serves children who shall have attained the age of 3 years
21 and which are recognized by the State Board of Education;
22 (c) educational program or programs serving children
23 who shall have attained the age of 3 years and which are
24 operated by a school which is registered with the State
25 Board of Education and which is recognized or accredited
26 by a recognized national or multistate educational
HB3595 Enrolled - 582 - LRB104 08153 BAB 18201 b
1 organization or association which regularly recognizes or
2 accredits schools;
3 (d) programs which exclusively serve or that portion
4 of the program which serves children with disabilities who
5 shall have attained the age of 3 years but are less than 21
6 years of age and which are registered and approved as
7 meeting standards of the State Board of Education and
8 applicable fire marshal standards;
9 (e) facilities operated in connection with a shopping
10 center or service, religious services, or other similar
11 facility, where transient children are cared for
12 temporarily while parents or custodians of the children
13 are occupied on the premises and readily available;
14 (f) any type of day care center that is conducted on
15 federal government premises;
16 (g) special activities programs, including athletics,
17 recreation, crafts instruction, and similar activities
18 conducted on a periodic basis by civic, charitable, or
19 governmental organizations, including, but not limited to,
20 programs offered by arboretums or park districts organized
21 under the Park District Code to children who shall have
22 attained the age of 3 years old if the program meets no
23 more than 3.5 continuous hours at a time or less and no
24 more than 25 hours during any week, and the park district
25 conducts background investigations on employees of the
26 program pursuant to Section 8-23 of the Park District Code
HB3595 Enrolled - 583 - LRB104 08153 BAB 18201 b
1 or the arboretum conducts background investigations on
2 employees of the program pursuant to this Act;
3 (h) part day child care facilities, as defined in
4 Section 2.10 of this Act;
5 (i) programs or that portion of the program which:
6 (1) serves children who shall have attained the
7 age of 3 years;
8 (2) is operated by churches or religious
9 institutions as described in Section 501(c)(3) of the
10 federal Internal Revenue Code;
11 (3) receives no governmental aid;
12 (4) is operated as a component of a religious,
13 nonprofit elementary school;
14 (5) operates primarily to provide religious
15 education; and
16 (6) meets appropriate State or local health and
17 fire safety standards; or
18 (j) programs or portions of programs that:
19 (1) serve only school-age children and youth
20 (defined as full-time kindergarten children, as
21 defined in 89 Ill. Adm. Code 407.45, or older);
22 (2) are organized to promote childhood learning,
23 child and youth development, educational or
24 recreational activities, or character-building;
25 (3) operate primarily during out-of-school time or
26 at times when school is not normally in session;
HB3595 Enrolled - 584 - LRB104 08153 BAB 18201 b
1 (4) comply with the standards of the Illinois
2 Department of Public Health (77 Ill. Adm. Code 750) or
3 the local health department, the Illinois State Fire
4 Marshal (41 Ill. Adm. Code 100), and the following
5 additional health and safety requirements: procedures
6 for employee and volunteer emergency preparedness and
7 practice drills; procedures to ensure that first aid
8 kits are maintained and ready to use; the placement of
9 a minimum level of liability insurance as determined
10 by the Department; procedures for the availability of
11 a working telephone that is onsite and accessible at
12 all times; procedures to ensure that emergency phone
13 numbers are posted onsite; and a restriction on
14 handgun or weapon possession onsite, except if
15 possessed by a peace officer;
16 (5) perform and maintain authorization and results
17 of criminal history checks through the Illinois State
18 Police and FBI and checks of the Illinois Sex Offender
19 Registry, the National Sex Offender Registry, and
20 Child Abuse and Neglect Tracking System for employees
21 and volunteers who work directly with children;
22 (6) make hiring decisions in accordance with the
23 prohibitions against barrier crimes as specified in
24 Section 4.2 of this Act or in Section 21B-80 of the
25 School Code;
26 (7) provide parents with written disclosure that
HB3595 Enrolled - 585 - LRB104 08153 BAB 18201 b
1 the operations of the program are not regulated by
2 licensing requirements; and
3 (8) obtain and maintain records showing the first
4 and last name and date of birth of the child, name,
5 address, and telephone number of each parent,
6 emergency contact information, and written
7 authorization for medical care.
8 Programs or portions of programs requesting Child Care
9 Assistance Program (CCAP) funding and otherwise meeting the
10 requirements under item (j) shall request exemption from the
11 Department and be determined exempt prior to receiving funding
12 and must annually meet the eligibility requirements and be
13 appropriate for payment under the CCAP.
14 Programs or portions of programs under item (j) that do
15 not receive State or federal funds must comply with staff
16 qualification and training standards established by rule by
17 the Department of Human Services. The Department of Human
18 Services shall set such standards after review of Afterschool
19 for Children and Teens Now (ACT Now) evidence-based quality
20 standards developed for school-age out-of-school time
21 programs, feedback from the school-age out-of-school time
22 program professionals, and review of out-of-school time
23 professional development frameworks and quality tools.
24 Out-of-school time programs for school-age youth that
25 receive State or federal funds must comply with only those
26 staff qualifications and training standards set for the
HB3595 Enrolled - 586 - LRB104 08153 BAB 18201 b
1 program by the State or federal entity issuing the funds.
2 For purposes of items (a), (b), (c), (d), and (i) of this
3 Section, "children who shall have attained the age of 3 years"
4 shall mean children who are 3 years of age, but less than 4
5 years of age, at the time of enrollment in the program.
6 (Source: P.A. 103-153, eff. 6-30-23; 103-952, eff. 1-1-25;
7 104-45, eff. 1-1-26; 104-417, eff. 8-15-25.)
8 (Text of Section after amendment by P.A. 103-594)
9 Sec. 2.09. "Early care and education Day care center"
10 means any early care and education provider that child care
11 facility which regularly provides early care and education day
12 care for less than 24 hours per day, except as provided for in
13 Section 5.12, for (1) more than 8 children in a family home, or
14 (2) more than 3 children in a location facility other than a
15 family home, including senior citizen buildings.
16 The term does not include:
17 (a) programs operated by (i) public or private
18 elementary school systems or secondary level school units
19 or institutions of higher learning that serve children who
20 shall have attained the age of 3 years or (ii) private
21 entities on the grounds of public or private elementary or
22 secondary schools and that serve children who have
23 attained the age of 3 years, except that this exception
24 applies only to the facility and not to the private
25 entities' personnel operating the program;
HB3595 Enrolled - 587 - LRB104 08153 BAB 18201 b
1 (b) programs or that portion of the program which
2 serves children who shall have attained the age of 3 years
3 and which are recognized by the State Board of Education;
4 (c) educational program or programs serving children
5 who shall have attained the age of 3 years and which are
6 operated by a school which is registered with the State
7 Board of Education and which is recognized or accredited
8 by a recognized national or multistate educational
9 organization or association which regularly recognizes or
10 accredits schools;
11 (d) programs which exclusively serve or that portion
12 of the program which serves children with disabilities who
13 shall have attained the age of 3 years but are less than 21
14 years of age and which are registered and approved as
15 meeting standards of the State Board of Education and
16 applicable fire marshal standards;
17 (e) facilities operated in connection with a shopping
18 center or service, religious services, or other similar
19 facility, where transient children are cared for
20 temporarily while parents or custodians of the children
21 are occupied on the premises and readily available;
22 (f) any type of day care center that is conducted on
23 federal government premises;
24 (g) special activities programs, including athletics,
25 recreation, crafts instruction, and similar activities
26 conducted on a periodic basis by civic, charitable, or
HB3595 Enrolled - 588 - LRB104 08153 BAB 18201 b
1 governmental organizations, including, but not limited to,
2 programs offered by arboretums or park districts organized
3 under the Park District Code to children who shall have
4 attained the age of 3 years old if the program meets no
5 more than 3.5 continuous hours at a time or less and no
6 more than 25 hours during any week, and the park district
7 conducts background investigations on employees of the
8 program pursuant to Section 8-23 of the Park District Code
9 or the arboretum conducts background investigations on
10 employees of the program pursuant to this Act;
11 (h) part day child care facilities, as defined in
12 Section 2.10 of this Act;
13 (i) programs or that portion of the program which:
14 (1) serves children who shall have attained the
15 age of 3 years;
16 (2) is operated by churches or religious
17 institutions as described in Section 501(c)(3) of the
18 federal Internal Revenue Code;
19 (3) receives no governmental aid;
20 (4) is operated as a component of a religious,
21 nonprofit elementary school;
22 (5) operates primarily to provide religious
23 education; and
24 (6) meets appropriate State or local health and
25 fire safety standards; or
26 (j) programs or portions of programs that:
HB3595 Enrolled - 589 - LRB104 08153 BAB 18201 b
1 (1) serve only school-age children and youth
2 (defined as full-time kindergarten children, as
3 defined in 89 Ill. Adm. Code 407.45, or older);
4 (2) are organized to promote childhood learning,
5 child and youth development, educational or
6 recreational activities, or character-building;
7 (3) operate primarily during out-of-school time or
8 at times when school is not normally in session;
9 (4) comply with the standards of the Illinois
10 Department of Public Health (77 Ill. Adm. Code 750) or
11 the local health department, the Illinois State Fire
12 Marshal (41 Ill. Adm. Code 100), and the following
13 additional health and safety requirements: procedures
14 for employee and volunteer emergency preparedness and
15 practice drills; procedures to ensure that first aid
16 kits are maintained and ready to use; the placement of
17 a minimum level of liability insurance as determined
18 by the Department; procedures for the availability of
19 a working telephone that is onsite and accessible at
20 all times; procedures to ensure that emergency phone
21 numbers are posted onsite; and a restriction on
22 handgun or weapon possession onsite, except if
23 possessed by a peace officer;
24 (5) perform and maintain authorization and results
25 of criminal history checks through the Illinois State
26 Police and FBI and checks of the Illinois Sex Offender
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1 Registry, the National Sex Offender Registry, and
2 Child Abuse and Neglect Tracking System for employees
3 and volunteers who work directly with children;
4 (6) make hiring decisions in accordance with the
5 prohibitions against barrier crimes as specified in
6 Section 4.2 of this Act or in Section 21B-80 of the
7 School Code;
8 (7) provide parents with written disclosure that
9 the operations of the program are not regulated by
10 licensing requirements; and
11 (8) obtain and maintain records showing the first
12 and last name and date of birth of the child, name,
13 address, and telephone number of each parent,
14 emergency contact information, and written
15 authorization for medical care.
16 Out-of-school time programs for school-age youth that
17 receive State or federal funds must comply with only those
18 staff qualifications and training standards set for the
19 program by the State or federal entity issuing the funds.
20 For purposes of items (a), (b), (c), (d), and (i) of this
21 Section, "children who shall have attained the age of 3 years"
22 shall mean children who are 3 years of age, but less than 4
23 years of age, at the time of enrollment in the program.
24 (Source: P.A. 103-153, eff. 6-30-23; 103-594, eff. 7-1-26;
25 103-952, eff. 1-1-25; 104-45, eff. 1-1-26; 104-417, eff.
26 8-15-25.)
HB3595 Enrolled - 591 - LRB104 08153 BAB 18201 b
1 (225 ILCS 10/2.11) (from Ch. 23, par. 2212.11)
2 (Section scheduled to be repealed on July 1, 2026)
3 Sec. 2.11. "Early care and education center Day care
4 agency" means any person, group of persons, public or private
5 agency, association or organization which undertakes to
6 provide one or more early care and education day care homes
7 with administrative services including, but not limited to,
8 consultation, technical assistance, training, supervision,
9 evaluation and provision of or referral to health and social
10 services under contractual arrangement.
11 (Source: P.A. 83-126. Repealed by P.A. 103-594, eff. 7-1-26.)
12 (225 ILCS 10/2.18) (from Ch. 23, par. 2212.18)
13 Sec. 2.18. "Early care and education Day care homes" means
14 family homes which receive more than 3 up to a maximum of 12
15 children for less than 24 hours per day. The number counted
16 includes the family's natural or adopted children and all
17 other persons under the age of 12. The term does not include
18 locations that facilities which receive only children from a
19 single household.
20 (Source: P.A. 87-674.)
21 (225 ILCS 10/2.20) (from Ch. 23, par. 2212.20)
22 Sec. 2.20. "Group early care and education day care home"
23 means a family home which receives more than 3 up to a maximum
HB3595 Enrolled - 592 - LRB104 08153 BAB 18201 b
1 of 16 children for less than 24 hours per day. The number
2 counted includes the family's natural or adopted children and
3 all other persons under the age of 12.
4 (Source: P.A. 87-675)
5 (225 ILCS 10/2.41 new)
6 Sec. 2.41. Supervisor of children. "Supervisor of
7 children" means an individual on site who is tasked with being
8 aware of and being responsible for the ongoing safety and
9 activity of each child, including requiring all children to be
10 within the individual's vision and auditory range while also
11 adapting to necessary privacy considerations, and who is close
12 enough to the children to respond to a problem if necessary.
13 (225 ILCS 10/3)
14 (Text of Section before amendment by P.A. 103-594)
15 Sec. 3. (a) No person, group of persons or corporation may
16 operate or conduct any facility for child care, as defined in
17 this Act, without a license or permit issued by the Department
18 or without being approved by the Department as meeting the
19 standards established for such licensing, with the exception
20 of facilities for whom standards are established by the
21 Department of Corrections under Section 3-15-2 of the Unified
22 Code of Corrections, with the exception of facilities defined
23 in Section 2.10 of this Act, and with the exception of programs
24 or facilities licensed by the Department of Human Services
HB3595 Enrolled - 593 - LRB104 08153 BAB 18201 b
1 under the Substance Use Disorder Act.
2 (b) No part day child care facility as described in
3 Section 2.10 may operate without written notification to the
4 Department or without complying with Section 7.1. Notification
5 shall include a notarized statement by the facility that the
6 facility complies with State or local health standards and
7 State fire safety standards and shall be filed with the
8 department every 2 years.
9 (c) The Director of the Department shall establish
10 policies and coordinate activities relating to child care
11 licensing, licensing of day care homes and day care centers.
12 (d) Any facility or agency which is exempt from licensing
13 may apply for licensing if licensing is required for some
14 government benefit.
15 (e) A provider of day care described in items (a) through
16 (j) of Section 2.09 of this Act is exempt from licensure. The
17 Department shall provide written verification of exemption and
18 description of compliance with standards for the health,
19 safety, and development of the children who receive the
20 services upon submission by the provider of, in addition to
21 any other documentation required by the Department, a
22 notarized statement that the facility complies with: (1) the
23 standards of the Department of Public Health or local health
24 department, (2) the fire safety standards of the State Fire
25 Marshal, and (3) if operated in a public school building, the
26 health and safety standards of the State Board of Education.
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1 (f) Through June 30, 2029, either a qualified child care
2 director, as described in 89 Ill. Adm. Code 407.130, or a
3 qualified early childhood teacher, as described in 89 Ill.
4 Adm. Code 407.140, with a minimum of 2,880 hours of experience
5 as an early childhood teacher at the early childhood teacher's
6 current facility must be present for the first and last hour of
7 the workday and at the open or close of the facility. The
8 Department shall adopt rules to implement this subsection.
9 Such rules must be filed with the Joint Committee on
10 Administrative Rules no later than January 1, 2025.
11 (Source: P.A. 103-821, eff. 8-9-24; 104-417, eff. 8-15-25.)
12 (Text of Section after amendment by P.A. 103-594)
13 Sec. 3. (a) No person, group of persons, or corporation
14 may operate or conduct any early care and education center,
15 early care and education home, or group early care and
16 education home facility for child care, as defined in this
17 Act, without a license or permit issued by the Department of
18 Children and Family Services before July 1, 2026 or issued by
19 the Department of Early Childhood on and after July 1, 2026 or
20 without being approved by the Department of Early Childhood as
21 meeting the standards established for such licensing, with the
22 exception of early care and education settings described in
23 subsections (d-5) and (d-10). with the exception of facilities
24 for whom standards are established by the Department of
25 Corrections under Section 3-15-2 of the Unified Code of
HB3595 Enrolled - 595 - LRB104 08153 BAB 18201 b
1 Corrections, with the exception of facilities defined in
2 Section 2.10 of this Act, with the exception of programs or
3 facilities licensed by the Department of Human Services under
4 the Substance Use Disorder Act, and with the exception of day
5 care centers, day care homes, and group day care homes.
6 (a-5) The Secretary of Early Childhood shall establish
7 policies and coordinate activities relating to the licensing
8 of early care and education homes, group early care and
9 education homes, and early care and education centers, and the
10 registration of Recognized Alternative Providers under
11 subsection (d-15).
12 (b) (Blank).
13 (c) (Blank).
14 (d) Any early care and education provider that facility or
15 agency which is not required to be licensed exempt from
16 licensing may apply for a license under this Act licensing if
17 licensing is required for some government benefit.
18 (d-5) A provider of the programs described in this
19 subsection (d-5) is exempt from registration requirements for
20 Recognized Alternative Providers and licensure requirements
21 under this Act.
22 (1) In-home early care and education provided for no
23 more than 3 children under the age of 12, including the
24 provider's natural or adopted children and any other
25 persons under the age of 12 whether related or unrelated
26 to the operator of the early care and education home. A
HB3595 Enrolled - 596 - LRB104 08153 BAB 18201 b
1 provider may care for up to 6 children if all such children
2 are from the same household. A provider of non-licensed
3 in-home early care and education must notify the parent or
4 guardian of each child that the program is operating
5 pursuant to an exemption from licensure.
6 For purposes of this subsection, "children from the
7 same household" means children that are blood-related,
8 adopted, or stepchildren or children that were placed in a
9 home through foster care that are under the age of 12 years
10 and living in the same home.
11 (2) Supplementary early care and education operations
12 for facilities that provide activities, including, but not
13 limited to, retail shopping, exercise, or religious
14 activities, as long as children are in care for no longer
15 than 2 hours per day and the provider does not refer to
16 itself as an early care and education center or
17 pre-school. The parent or guardian of the child must
18 remain on the same premises as the child and be readily
19 available. Providers must obtain emergency contact
20 information for each parent or guardian. Providers must
21 notify the parent or guardian that the program is
22 operating pursuant to an exemption from licensure.
23 (3) For children 3 years of age or older,
24 extracurricular programs outside of school hours in music,
25 dance, drama or art, library programs, scouting programs,
26 academic tutoring programs, sports programs, or other
HB3595 Enrolled - 597 - LRB104 08153 BAB 18201 b
1 classes that teach a single skill so long as children who
2 are 3 years and 4 years of age are not participating in
3 such programs for a cumulative total of greater than one
4 hour per day. This subsection (d-5) does not place hour
5 restrictions on extracurricular activities for children 5
6 years of age or older. Extracurricular activities shall
7 not act as an alternative to full-day school or care.
8 Extracurricular programs that use the exemption under this
9 paragraph (3) are not eligible to receive Child Care
10 Assistance Program payments.
11 (4)(A) Programs operated by (i) public or private
12 elementary school systems or secondary level school units
13 or institutions of higher learning that serve children who
14 are at least 3 years of age or (ii) public or private
15 entities on the premises of public or private elementary
16 or secondary schools recognized by the State Board of
17 Education that serve children who are at least 3 years of
18 age. This subparagraph (A) applies only to the facility
19 and any personnel of the private entity operating the
20 program must adhere to applicable background check and
21 training requirements adopted by the Department of Early
22 Childhood; or
23 (B) Educational programs serving children who are at
24 least 3 years of age that are operated on school premises
25 by a school that is registered with the State Board of
26 Education or that is recognized or accredited by a
HB3595 Enrolled - 598 - LRB104 08153 BAB 18201 b
1 recognized national or multistate educational organization
2 or association that regularly recognizes or accredits
3 schools.
4 (5) Any type of early care and education that is
5 conducted on federal government premises, including early
6 care and education centers, early care and education
7 homes, and group early care and education homes serving
8 children of military personnel. Notwithstanding any other
9 provision to the contrary, an early care and education
10 home or group early care and education home may be exempt
11 from licensure if it meets all of the following
12 requirements: (i) it serves dependent children of military
13 personnel, (ii) it is located on a military base or
14 federal or government property, and (iii) it is certified
15 as a child development program by a branch of the U.S.
16 Department of Defense or the U.S. Coast Guard. The U.S.
17 Department of Defense, the U.S. Coast Guard, or their
18 agents, including an installation commander of a military
19 base on which an early care and education home or group
20 early care and education home is located, may assume
21 responsibility for monitoring the early care and education
22 homes or group early care and education homes that are
23 exempt from licensure under this Section.
24 (6) Special activities programs, such as athletics,
25 recreation, crafts instruction, music, dance, drama,
26 sports, or similar activities offered by a unit of local
HB3595 Enrolled - 599 - LRB104 08153 BAB 18201 b
1 government, including special activities programs offered
2 by 2 or more units of local government pursuant to the
3 Intergovernmental Cooperation Act, if all of the following
4 are met:
5 (A) State law authorizes the unit of local
6 government to offer the program and an elected or
7 appointed board of the unit of local government has
8 adopted policies governing the operation of the
9 program, pursuant to Section 8-10 of the Park District
10 Code or other applicable law.
11 (B) The program is offered to the following
12 categories of children and the parent or legal
13 guardian of each child has received written
14 acknowledgement that the program is not licensed by
15 the Department under this Act:
16 (i) children at least 5 years of age for no
17 more than 100 continuous days in any 12-month
18 period when school is not in session;
19 (ii) children at least 3 years of age for no
20 more than 3.5 continuous hours at a time; or
21 (iii) children under 3 years of age for no
22 more than one hour at a time.
23 (C) The program does not advertise to the public
24 as a pre-school program, licensed early care and
25 education provider, licensed child care, or licensed
26 day care.
HB3595 Enrolled - 600 - LRB104 08153 BAB 18201 b
1 (D) The program conducts the following
2 investigations on all employees of the program no less
3 than once every 5 years:
4 (i) background investigations pursuant to
5 Section 8-23 of the Park District Code, Section
6 16a-5 of the Chicago Park District Act, or other
7 applicable law;
8 (ii) a name check against State and national
9 sex offender registries; and
10 (iii) a Child Abuse and Neglect Tracking
11 System (CANTS) name check through the Department
12 at no cost to the unit of local government.
13 (E) The program conducts the following
14 investigations on all volunteers of the program no
15 less than once every 5 years:
16 (i) background investigations pursuant to
17 Section 8-23 of the Park District Code, Section
18 16a-5 of the Chicago Park District Act, or other
19 applicable law;
20 (ii) a name check against State and national
21 sex offender registries; and
22 (iii) a Child Abuse and Neglect Tracking
23 System (CANTS) name check through the Department
24 at no cost to the unit of local government.
25 (F) The unit of local government has an emergency
26 preparedness and response plan for the location of the
HB3595 Enrolled - 601 - LRB104 08153 BAB 18201 b
1 special activities program.
2 (G) The program does not participate in the Child
3 Care Assistance Program (CCAP) or receive funding
4 pursuant to the Early Childhood Block Grant.
5 (7) A municipality, or 2 or more municipalities
6 pursuant to the Intergovernmental Cooperation Act, if it
7 meets the provisions of subparagraphs (B) through (G) of
8 paragraph (6) of this subsection (d-5) when applicable.
9 (d-10) A provider of the programs described in this
10 subsection (d-10) are exempt from licensure requirements under
11 this Act and must register as Recognized Alternative
12 Providers.
13 (1) Part day programs for children 3 years of age
14 until they reach 5 years of age or begin kindergarten,
15 whichever is later, where the child is present for a
16 maximum of 3 hours per day and the parent or guardian is
17 not on site. Providers must obtain emergency contact
18 information for parents or guardians.
19 (2) Programs or portions of programs that serve
20 children who have reached 3 years of age in full early care
21 and education, are operated by a church or religious
22 institution organized under Section 501(c)(3) of the
23 Internal Revenue Code, and that receives no governmental
24 aid. The programs must be operated as a component of a
25 religious elementary school and must operate to provide
26 religious education. Schools that meet this paragraph (2)
HB3595 Enrolled - 602 - LRB104 08153 BAB 18201 b
1 must comply with requirements for Recognized Alternative
2 Providers and provide proof of meeting fire codes, health
3 codes, and age-appropriate first aid and cardiopulmonary
4 resuscitation (CPR) requirements for supervisors of
5 children.
6 (3) Nonresidential programs for children 5 years of
7 age to 12 years of age that have supervisors of children
8 when school is not in session, that act as an alternative
9 to full-day school or care, and that operate for no more
10 than 100 days in any 12-month period, except that the
11 provider may request a waiver for the 100 days limitation
12 in instances of unexpected school closure days. This
13 paragraph (3) includes providers operating summer day
14 camps or summer programs that operate from May through
15 September for children 5 years of age to 12 years of age
16 unless such programs meet the requirements of subsection
17 (d-5).
18 (4) Programs that provide care to children 5 years of
19 age to 12 years of age before or after school hours, as
20 defined by the school district served by the provider.
21 Children may not be on the premises for a cumulative total
22 of greater than 6 hours per day, except for early
23 dismissal days that are outlined by the school district in
24 advance.
25 Recognized Alternative Providers under this subsection
26 (d-10) must comply with all Child Care Assistance Program
HB3595 Enrolled - 603 - LRB104 08153 BAB 18201 b
1 requirements to be eligible to receive payments from the Child
2 Care Assistance Program.
3 (d-15) To register as a Recognized Alternative Provider, a
4 provider shall:
5 (1) for home providers, submit a copy of the
6 provider's ID and Social Security Number or, for other
7 types of providers, submit a W-9, an Employer
8 Identification Number, or Articles of Incorporation;
9 (2) complete an attestation that the provider has a
10 current emergency preparedness and response plan in place;
11 (3) submit the current program guide or comparable
12 document; and
13 (4) complete an attestation that the provider is
14 complying with the background check requirements under
15 Section 4.1.
16 Program guides shall include the following information:
17 (i) the ages eligible to participate in the programs, (ii) the
18 dates and times the programs take place, and (iii) the
19 location of the programs.
20 Program guides may be submitted online periodically as
21 needed, but not more than 4 times per year, via a link to the
22 program guide, via a PDF file of the program from the
23 provider's website, or in another electronic format that
24 contains the required information. For programs described in
25 subsection (d-10) that are operated by organizations that are
26 organized under the Park District Code or the Chicago Park
HB3595 Enrolled - 604 - LRB104 08153 BAB 18201 b
1 District Act, the requirements of Section 8-23 of the Park
2 District Code or Section 16a-5 of the Chicago Park District
3 Act, whichever is applicable, may be used to meet the
4 fingerprint background check requirements under Section 4.1,
5 except there is still a requirement to check the Child Abuse
6 and Neglect Registry and the Illinois and National Sex
7 Offender Registries for any employee or volunteer who is a
8 supervisor of children.
9 The Department of Early Childhood shall adopt rules to
10 implement this subsection (d-15) and subsection (d-10). When
11 creating rules for this subsection (d-15) and subsection
12 (d-10), the Department shall consult representatives from
13 entities who are eligible to register as Recognized
14 Alternative Providers, including, but not limited to, a
15 statewide organization representing park districts; a
16 non-profit charitable organization that is a place of public
17 gathering, exercise, and recreation; a federally chartered
18 program organized under 36 U.S.C. 311; programs providing
19 services to children who are at least 5 years of age; and other
20 providers of care who want to be involved in the rulemaking
21 process.
22 Recognized Alternative Providers under this subsection
23 (d-15) must comply with all Child Care Assistance Program
24 requirements to be eligible to receive payments from the Child
25 Care Assistance Program.
26 The Department of Early Childhood shall electronically
HB3595 Enrolled - 605 - LRB104 08153 BAB 18201 b
1 provide written confirmation of Recognized Alternative
2 Provider status. Recognized Alternative Providers may not
3 advertise or hold themselves out to the public as pre-schools
4 or licensed early care and education providers.
5 (e) (Blank).
6 (f) Registration as a Recognized Alternative Provider
7 shall be valid for 2 years after the date the registration is
8 issued. For early care and education providers who offer
9 multiple programs at one or more sites, as described in
10 subsection (d-10), the Department shall require only one
11 application that outlines all programs the early care and
12 education provider plans to offer. The Department shall
13 evaluate the application and either approve the application or
14 ask for clarification within 10 business days after receipt of
15 the application. If the Department asks for clarification, the
16 Department shall approve the application or seek further
17 clarification within 5 business days after the clarification
18 is provided to the Department. If the Department does not
19 respond within 5 business days after the clarification is
20 provided, the entity shall be deemed approved for programs
21 that do not receive assistance from the Child Care Assistance
22 Program or other State programs. The Department shall provide
23 training and technical assistance to providers who intend to
24 register as Recognized Alternative Providers. Through June 30,
25 2029, either a qualified child care director, as described in
26 89 Ill. Adm. Code 407.130, or a qualified early childhood
HB3595 Enrolled - 606 - LRB104 08153 BAB 18201 b
1 teacher, as described in 89 Ill. Adm. Code 407.140, with a
2 minimum of 2,880 hours of experience as an early childhood
3 teacher at the early childhood teacher's current facility must
4 be present for the first and last hour of the workday and at
5 the open or close of the facility. The Department shall adopt
6 rules to implement this subsection. Such rules must be filed
7 with the Joint Committee on Administrative Rules no later than
8 January 1, 2025.
9 (g) Providers that fail to comply with the applicable
10 requirements under this Section shall receive written notice
11 that details the provider's non-compliance and offers
12 technical assistance to correct the non-compliance. Providers
13 that refuse to register or correct the non-compliance shall be
14 required to apply for full licensure under this Act and may be
15 referred to the appropriate State's Attorney and the Attorney
16 General in accordance with Section 11.
17 (h) Subsections (d-10) and (d-15) shall be operative on
18 and after July 1, 2027 for all providers except those who are
19 organized and operate under the Park District Code or Chicago
20 Park District Act. Those providers organized and operating
21 under the Park District Code or Chicago Park District Act
22 shall have until July 1, 2028 to comply with the provisions of
23 this Act. Programs operating under a current 2-year licensing
24 exemption shall be allowed to continue to operate under that
25 exemption until it expires or until July 1, 2028, whichever is
26 later.
HB3595 Enrolled - 607 - LRB104 08153 BAB 18201 b
1 (Source: P.A. 103-594, eff. 7-1-26; 103-821, eff. 8-9-24;
2 104-417, eff. 8-15-25.)
3 (225 ILCS 10/3.01)
4 (This Section may contain text from a Public Act with a
5 delayed effective date)
6 Sec. 3.01. License or permit; Department of Early
7 Childhood.
8 (a) No person, group of persons or corporation may operate
9 or conduct any early care and education day care center, early
10 care and education day care home, or group early care and
11 education day care home without a license or permit issued by
12 the Department of Early Childhood or without being approved by
13 the Department of Early Childhood meeting the standards
14 established for such licensing, with the exception of
15 facilities for whom standards are established by the
16 Department of Corrections under Section 3-15-2 of the Unified
17 Code of Corrections and with the exception of part day
18 programs described under paragraph (1) of subsection (d-10) of
19 Section 3 facilities defined in Section 2.10 of this Act, and
20 with the exception of programs or facilities licensed by the
21 Department of Human Services under the Substance Use Disorder
22 Act.
23 (b) No part day program child care facility as described
24 in paragraph (1) of subsection (d-10) of Section 3 Section
25 2.10 may operate without written notification to the
HB3595 Enrolled - 608 - LRB104 08153 BAB 18201 b
1 Department of Early Childhood or without complying with
2 Section 7.1. Notification shall include a notarized statement
3 by the provider facility that the provider facility complies
4 with state or local health standards and state fire safety
5 standards, and shall be filed with the Department every 2
6 years.
7 (c) The Secretary of Early Childhood shall establish
8 policies and coordinate activities relating to licensing of
9 early care and education day care centers, group early care
10 and education day care homes, and early care and education day
11 care homes.
12 (d) Any provider facility or agency which is exempt from
13 licensing may apply for licensing if licensing is required for
14 some government benefit.
15 (e) A provider of early care and education day care
16 described in subsection (d-5) or (d-10) of Section 3 items (a)
17 through (j) of Section 2.09 of this Act is exempt from
18 licensure. The Department of Early Childhood shall provide
19 written verification of exemption and description of
20 compliance with standards for the health, safety, and
21 development of the children who receive the services upon
22 submission by the provider of, in addition to any other
23 documentation required by the Department of Early Childhood, a
24 notarized statement that the provider facility complies with:
25 (1) the standards of the Department of Public Health or local
26 health department, (2) the fire safety standards of the State
HB3595 Enrolled - 609 - LRB104 08153 BAB 18201 b
1 Fire Marshal, and (3) if operated in a public school building,
2 the health and safety standards of the State Board of
3 Education.
4 (Source: P.A. 103-594, eff. 7-1-26.)
5 (225 ILCS 10/3.8)
6 Sec. 3.8. Licensed early care and education day care
7 centers; immigration enforcement.
8 (a) As used in this Section:
9 "Immigration enforcement action" includes any arrests or
10 detentions conducted by agents or officers of the United
11 States Department of Homeland Security, United States
12 Immigration and Customs Enforcement, or United States Customs
13 and Border Protection or any other individual or entity with
14 the power to arrest or detain individuals or manage custody of
15 detained individuals for the purposes of civil immigration
16 enforcement.
17 "Law enforcement agent" means an agent of federal, State,
18 or local law enforcement authorized with the power to arrest
19 or detain individuals, or manage the custody of detained
20 individuals, for civil immigration enforcement.
21 (b) A licensed early care and education day care center
22 shall not disclose or threaten to disclose to any other
23 person, entity, or agency information regarding or relating to
24 the actual or perceived citizenship or immigration status of a
25 child or an associated person, unless disclosure is required
HB3595 Enrolled - 610 - LRB104 08153 BAB 18201 b
1 by State or federal law.
2 Nothing in this Section shall be construed to prohibit or
3 restrict an entity from sending to or receiving from the
4 United States Department of Homeland Security or any other
5 federal, State, or local governmental entity information
6 regarding the citizenship or immigration status of an
7 individual under 8 U.S.C. 1373 and 8 U.S.C. 1644.
8 (c) This Section does not affect a licensed early care and
9 education day care center's obligation as a mandated reporter
10 or to otherwise respond to instances of suspected crime on the
11 premises. This Section does not prohibit licensed early care
12 and education day care centers from interacting with law
13 enforcement agents for the purposes of hotline emergency calls
14 or incidents arising out of mandated reporting.
15 (d) The Department of Children and Family Services or the
16 Department of Early Childhood, whichever is applicable, shall
17 make available on its website resources for families,
18 including, but not limited to, resources regarding the
19 constitutional rights of families, family preparedness plans,
20 and a copy of the Department of Children and Family Services'
21 appointment of short-term guardian form (Form CFS 444-2 or its
22 predecessor or successor form).
23 (e) If a child's parent or guardian directly faces
24 immigration enforcement action, a licensed early care and
25 education day care center shall use the child's emergency
26 contact information and release the child to the persons
HB3595 Enrolled - 611 - LRB104 08153 BAB 18201 b
1 designated as the child's emergency contacts or into the
2 custody of an individual who presents a properly executed
3 appointment of short-term guardian form on behalf of the
4 child.
5 (f) A licensed early care and education day care center
6 shall adopt policies by January 1, 2026 to comply with this
7 Section and shall ensure that all staff members are trained on
8 the adopted policies. The policies shall not have the effect
9 of excluding or discouraging a child from any program at the
10 licensed early care and education day care center because of
11 the child's or the child's parent or guardian's actual or
12 perceived immigration status shall require the following:
13 (1) a written plan of action for interacting with law
14 enforcement agents that shall be shared with a child's
15 parent or guardian and includes the following:
16 (A) designation of spaces deemed to be private
17 within the facility;
18 (B) designation of the licensed early care and
19 education day care center director or the center
20 director's designee to serve as the primary point of
21 contact for interacting with law enforcement agents;
22 and
23 (C) procedures that a licensed early care and
24 education day care center's primary point of contact
25 shall follow to respond and review any request for
26 entry by law enforcement, including judicial warrants,
HB3595 Enrolled - 612 - LRB104 08153 BAB 18201 b
1 orders, and subpoenas;.
2 (2) procedures for notifying and seeking written
3 consent from a child's parents or guardian if a law
4 enforcement agent requests access to personally
5 identifiable information from the child's records, unless
6 such access is in compliance with a judicial warrant or
7 order or a subpoena that restricts the disclosure of the
8 information to the child's parents or guardian;
9 (3) families enrolled at the licensed early care and
10 education day care center to update their emergency
11 contact list biannually; and
12 (4) notification to be given, within a reasonable time
13 period, to parents or guardians and the Department if
14 immigration enforcement action occurs at the licensed
15 early care and education day care center or its environs.
16 A licensed early care and education day care center's late
17 pick-up policy shall be updated to include the degree of
18 diligence the licensed early care and education day care
19 center will use to reach a child's emergency contacts,
20 including the number of attempted phone calls to parents and
21 emergency contacts and any requests for police assistance in
22 finding a child's emergency contact.
23 (g) Failure to comply with subsection (b) of this Section
24 shall result in a formal licensing violation. Failure to
25 comply with any other provision of this Section may result in a
26 licensing violation.
HB3595 Enrolled - 613 - LRB104 08153 BAB 18201 b
1 (Source: P.A. 104-440, eff. 12-9-25; revised 12-12-25.)
2 (225 ILCS 10/4) (from Ch. 23, par. 2214)
3 (Text of Section before amendment by P.A. 103-594)
4 Sec. 4. License requirement; application; notice.
5 (a) Any person, group of persons or corporation who or
6 which receives children or arranges for care or placement of
7 one or more children unrelated to the operator must apply for a
8 license to operate one of the types of facilities defined in
9 Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
10 relative, as defined in Section 2.38 of this Act, who receives
11 a child or children for placement by the Department on a
12 full-time basis may apply for a license to operate a foster
13 family home as defined in Section 2.17 of this Act or may apply
14 to be a certified relative caregiver home as defined in
15 Section 2.37 of this Act.
16 (a-5) Any agency, person, group of persons, association,
17 organization, corporation, institution, center, or group
18 providing adoption services must be licensed by the Department
19 as a child welfare agency as defined in Section 2.08 of this
20 Act. "Providing adoption services", as used in this Act,
21 includes facilitating or engaging in adoption services.
22 (b) Application for a license to operate a child care
23 facility must be made to the Department in the manner and on
24 forms prescribed by it. An application to operate a foster
25 family home shall include, at a minimum: a completed written
HB3595 Enrolled - 614 - LRB104 08153 BAB 18201 b
1 form; written authorization by the applicant and all adult
2 members of the applicant's household to conduct a criminal
3 background investigation; medical evidence in the form of a
4 medical report, on forms prescribed by the Department, that
5 the applicant and all members of the household are free from
6 communicable diseases or physical and mental conditions that
7 affect their ability to provide care for the child or
8 children; the names and addresses of at least 3 persons not
9 related to the applicant who can attest to the applicant's
10 moral character; the name and address of at least one relative
11 who can attest to the applicant's capability to care for the
12 child or children; and fingerprints submitted by the applicant
13 and all adult members of the applicant's household.
14 (b-5) Prior to submitting an application for a foster
15 family home license, a quality of care concerns applicant as
16 defined in Section 2.22a of this Act must submit a preliminary
17 application to the Department in the manner and on forms
18 prescribed by it. The Department shall explain to the quality
19 of care concerns applicant the grounds for requiring a
20 preliminary application. The preliminary application shall
21 include a list of (i) all children placed in the home by the
22 Department who were removed by the Department for reasons
23 other than returning to a parent and the circumstances under
24 which they were removed and (ii) all children placed by the
25 Department who were subsequently adopted by or placed in the
26 private guardianship of the quality of care concerns applicant
HB3595 Enrolled - 615 - LRB104 08153 BAB 18201 b
1 who are currently under 18 and who no longer reside in the home
2 and the reasons why they no longer reside in the home. The
3 preliminary application shall also include, if the quality of
4 care concerns applicant chooses to submit, (1) a response to
5 the quality of care concerns, including any reason the
6 concerns are invalid, have been addressed or ameliorated, or
7 no longer apply and (2) affirmative documentation
8 demonstrating that the quality of care concerns applicant's
9 home does not pose a risk to children and that the family will
10 be able to meet the physical and emotional needs of children.
11 The Department shall verify the information in the preliminary
12 application and review (i) information regarding any prior
13 licensing complaints, (ii) information regarding any prior
14 child abuse or neglect investigations, (iii) information
15 regarding any involuntary foster home holds placed on the home
16 by the Department, and (iv) information regarding all child
17 exit interviews, as provided in Section 5.26 of the Children
18 and Family Services Act, regarding the home. Foster home
19 applicants with quality of care concerns are presumed
20 unsuitable for future licensure.
21 Notwithstanding the provisions of this subsection (b-5),
22 the Department may make an exception and issue a foster family
23 license to a quality of care concerns applicant if the
24 Department is satisfied that the foster family home does not
25 pose a risk to children and that the foster family will be able
26 to meet the physical and emotional needs of children. In
HB3595 Enrolled - 616 - LRB104 08153 BAB 18201 b
1 making this determination, the Department must obtain and
2 carefully review all relevant documents and shall obtain
3 consultation from its Clinical Division as appropriate and as
4 prescribed by Department rule and procedure. The Department
5 has the authority to deny a preliminary application based on
6 the record of quality of care concerns of the foster family
7 home. In the alternative, the Department may (i) approve the
8 preliminary application, (ii) approve the preliminary
9 application subject to obtaining additional information or
10 assessments, or (iii) approve the preliminary application for
11 purposes of placing a particular child or children only in the
12 foster family home. If the Department approves a preliminary
13 application, the foster family shall submit an application for
14 licensure as described in subsection (b) of this Section. The
15 Department shall notify the quality of care concerns applicant
16 of its decision and the basis for its decision in writing.
17 (c) The Department shall notify the public when a child
18 care institution, maternity center, or group home licensed by
19 the Department undergoes a change in (i) the range of care or
20 services offered at the facility or (ii) the type of children
21 served. The Department shall notify the public of the change
22 in a newspaper of general circulation in the county or
23 municipality in which the applicant's facility is or is
24 proposed to be located.
25 (c-5) When a child care institution, maternity center, or
26 a group home licensed by the Department undergoes a change in
HB3595 Enrolled - 617 - LRB104 08153 BAB 18201 b
1 (i) the age of children served or (ii) the area within the
2 facility used by children, the Department shall post
3 information regarding proposed changes on its website as
4 required by rule.
5 (d) If, upon examination of the facility and investigation
6 of persons responsible for care of children and, in the case of
7 a foster home, taking into account information obtained for
8 purposes of evaluating a preliminary application, if
9 applicable, the Department is satisfied that the facility and
10 responsible persons reasonably meet standards prescribed for
11 the type of facility for which application is made, it shall
12 issue a license in proper form, designating on that license
13 the type of child care facility and, except for a child welfare
14 agency, the number of children to be served at any one time.
15 (e) The Department shall not issue or renew the license of
16 any child welfare agency providing adoption services, unless
17 the agency (i) is officially recognized by the United States
18 Internal Revenue Service as a tax-exempt organization
19 described in Section 501(c)(3) of the Internal Revenue Code of
20 1986 (or any successor provision of federal tax law) and (ii)
21 is in compliance with all of the standards necessary to
22 maintain its status as an organization described in Section
23 501(c)(3) of the Internal Revenue Code of 1986 (or any
24 successor provision of federal tax law). The Department shall
25 grant a grace period of 24 months from August 15, 2005 (the
26 effective date of Public Act 94-586) for existing child
HB3595 Enrolled - 618 - LRB104 08153 BAB 18201 b
1 welfare agencies providing adoption services to obtain
2 501(c)(3) status. The Department shall permit an existing
3 child welfare agency that converts from its current structure
4 in order to be recognized as a 501(c)(3) organization as
5 required by this Section to either retain its current license
6 or transfer its current license to a newly formed entity, if
7 the creation of a new entity is required in order to comply
8 with this Section, provided that the child welfare agency
9 demonstrates that it continues to meet all other licensing
10 requirements and that the principal officers and directors and
11 programs of the converted child welfare agency or newly
12 organized child welfare agency are substantially the same as
13 the original. The Department shall have the sole discretion to
14 grant a one-year extension to any agency unable to obtain
15 501(c)(3) status within the timeframe specified in this
16 subsection (e), provided that such agency has filed an
17 application for 501(c)(3) status with the Internal Revenue
18 Service within the 2-year timeframe specified in this
19 subsection (e).
20 (f) The Department shall adopt rules to implement the
21 changes to this Section made by Public Act 103-770 no later
22 than January 1, 2025.
23 (Source: P.A. 103-770, eff. 1-1-25; 103-1061, eff. 7-1-25;
24 104-417, eff. 8-15-25.)
25 (Text of Section after amendment by P.A. 103-594)
HB3595 Enrolled - 619 - LRB104 08153 BAB 18201 b
1 Sec. 4. License requirement; application; notice;
2 Department of Children and Family Services.
3 (a) Any person, group of persons or corporation who or
4 which receives children or arranges for care or placement of
5 one or more children unrelated to the operator must apply for a
6 license to operate as one of the types of providers facilities
7 defined in Sections 2.05 through 2.19 (other than an early
8 care and education a day care center or early care and
9 education day care home) and in Section 2.22 of this Act. Any
10 relative, as defined in Section 2.38 of this Act, who receives
11 a child or children for placement by the Department on a
12 full-time basis may apply for a license to operate a foster
13 family home as defined in Section 2.17 of this Act or may apply
14 to be a certified relative caregiver home as defined in
15 Section 2.37 of this Act.
16 (a-5) Any agency, person, group of persons, association,
17 organization, corporation, institution, center, or group
18 providing adoption services must be licensed by the Department
19 as a child welfare agency as defined in Section 2.08 of this
20 Act. "Providing adoption services", as used in this Act,
21 includes facilitating or engaging in adoption services.
22 (b) Application for a license to operate an early care and
23 education a child care facility (other than an early care and
24 education a day care center, early care and education day care
25 home, or group early care and education day care home) must be
26 made to the Department in the manner and on forms prescribed by
HB3595 Enrolled - 620 - LRB104 08153 BAB 18201 b
1 it. An application to operate a foster family home shall
2 include, at a minimum: a completed written form; written
3 authorization by the applicant and all adult members of the
4 applicant's household to conduct a criminal background
5 investigation; medical evidence in the form of a medical
6 report, on forms prescribed by the Department, that the
7 applicant and all members of the household are free from
8 communicable diseases or physical and mental conditions that
9 affect their ability to provide care for the child or
10 children; the names and addresses of at least 3 persons not
11 related to the applicant who can attest to the applicant's
12 moral character; the name and address of at least one relative
13 who can attest to the applicant's capability to care for the
14 child or children; and fingerprints submitted by the applicant
15 and all adult members of the applicant's household.
16 (b-5) Prior to submitting an application for a foster
17 family home license, a quality of care concerns applicant as
18 defined in Section 2.22a of this Act must submit a preliminary
19 application to the Department in the manner and on forms
20 prescribed by it. The Department shall explain to the quality
21 of care concerns applicant the grounds for requiring a
22 preliminary application. The preliminary application shall
23 include a list of (i) all children placed in the home by the
24 Department who were removed by the Department for reasons
25 other than returning to a parent and the circumstances under
26 which they were removed and (ii) all children placed by the
HB3595 Enrolled - 621 - LRB104 08153 BAB 18201 b
1 Department who were subsequently adopted by or placed in the
2 private guardianship of the quality of care concerns applicant
3 who are currently under 18 and who no longer reside in the home
4 and the reasons why they no longer reside in the home. The
5 preliminary application shall also include, if the quality of
6 care concerns applicant chooses to submit, (1) a response to
7 the quality of care concerns, including any reason the
8 concerns are invalid, have been addressed or ameliorated, or
9 no longer apply and (2) affirmative documentation
10 demonstrating that the quality of care concerns applicant's
11 home does not pose a risk to children and that the family will
12 be able to meet the physical and emotional needs of children.
13 The Department shall verify the information in the preliminary
14 application and review (i) information regarding any prior
15 licensing complaints, (ii) information regarding any prior
16 child abuse or neglect investigations, (iii) information
17 regarding any involuntary foster home holds placed on the home
18 by the Department, and (iv) information regarding all child
19 exit interviews, as provided in Section 5.26 of the Children
20 and Family Services Act, regarding the home. Foster home
21 applicants with quality of care concerns are presumed
22 unsuitable for future licensure.
23 Notwithstanding the provisions of this subsection (b-5),
24 the Department may make an exception and issue a foster family
25 license to a quality of care concerns applicant if the
26 Department is satisfied that the foster family home does not
HB3595 Enrolled - 622 - LRB104 08153 BAB 18201 b
1 pose a risk to children and that the foster family will be able
2 to meet the physical and emotional needs of children. In
3 making this determination, the Department must obtain and
4 carefully review all relevant documents and shall obtain
5 consultation from its Clinical Division as appropriate and as
6 prescribed by Department rule and procedure. The Department
7 has the authority to deny a preliminary application based on
8 the record of quality of care concerns of the foster family
9 home. In the alternative, the Department may (i) approve the
10 preliminary application, (ii) approve the preliminary
11 application subject to obtaining additional information or
12 assessments, or (iii) approve the preliminary application for
13 purposes of placing a particular child or children only in the
14 foster family home. If the Department approves a preliminary
15 application, the foster family shall submit an application for
16 licensure as described in subsection (b) of this Section. The
17 Department shall notify the quality of care concerns applicant
18 of its decision and the basis for its decision in writing.
19 (c) The Department shall notify the public when a child
20 care institution, maternity center, or group home licensed by
21 the Department undergoes a change in (i) the range of care or
22 services offered at the facility or (ii) the type of children
23 served. The Department shall notify the public of the change
24 in a newspaper of general circulation in the county or
25 municipality in which the applicant's facility is or is
26 proposed to be located.
HB3595 Enrolled - 623 - LRB104 08153 BAB 18201 b
1 (c-5) When an early care and education a child care
2 institution, maternity center, or a group home licensed by the
3 Department undergoes a change in (i) the age of children
4 served or (ii) the area within the facility used by children,
5 the Department shall post information regarding proposed
6 changes on its website as required by rule.
7 (d) If, upon examination of the facility and investigation
8 of persons responsible for care of children and, in the case of
9 a foster home, taking into account information obtained for
10 purposes of evaluating a preliminary application, if
11 applicable, the Department is satisfied that the facility and
12 responsible persons reasonably meet standards prescribed for
13 the type of facility for which application is made, it shall
14 issue a license in proper form, designating on that license
15 the type of child care facility and, except for a child welfare
16 agency, the number of children to be served at any one time.
17 (e) The Department shall not issue or renew the license of
18 any child welfare agency providing adoption services, unless
19 the agency (i) is officially recognized by the United States
20 Internal Revenue Service as a tax-exempt organization
21 described in Section 501(c)(3) of the Internal Revenue Code of
22 1986 (or any successor provision of federal tax law) and (ii)
23 is in compliance with all of the standards necessary to
24 maintain its status as an organization described in Section
25 501(c)(3) of the Internal Revenue Code of 1986 (or any
26 successor provision of federal tax law). The Department shall
HB3595 Enrolled - 624 - LRB104 08153 BAB 18201 b
1 grant a grace period of 24 months from August 15, 2005 (the
2 effective date of Public Act 94-586) for existing child
3 welfare agencies providing adoption services to obtain
4 501(c)(3) status. The Department shall permit an existing
5 child welfare agency that converts from its current structure
6 in order to be recognized as a 501(c)(3) organization as
7 required by this Section to either retain its current license
8 or transfer its current license to a newly formed entity, if
9 the creation of a new entity is required in order to comply
10 with this Section, provided that the child welfare agency
11 demonstrates that it continues to meet all other licensing
12 requirements and that the principal officers and directors and
13 programs of the converted child welfare agency or newly
14 organized child welfare agency are substantially the same as
15 the original. The Department shall have the sole discretion to
16 grant a one-year extension to any agency unable to obtain
17 501(c)(3) status within the timeframe specified in this
18 subsection (e), provided that such agency has filed an
19 application for 501(c)(3) status with the Internal Revenue
20 Service within the 2-year timeframe specified in this
21 subsection (e).
22 (f) The Department shall adopt rules to implement the
23 changes to this Section made by Public Act 103-770 no later
24 than January 1, 2025.
25 (Source: P.A. 103-594, eff. 7-1-26; 103-770, eff. 1-1-25;
26 103-1061, eff. 7-1-25; 104-417, eff. 8-15-25.)
HB3595 Enrolled - 625 - LRB104 08153 BAB 18201 b
1 (225 ILCS 10/4.01)
2 (This Section may contain text from a Public Act with a
3 delayed effective date)
4 Sec. 4.01. License requirement; application; notice;
5 Department of Early Childhood.
6 (a) Any early care and education provider who provides
7 care and education services person, group of persons or
8 corporation who or which receives children or arranges for
9 care of one or more children unrelated to the operator must
10 apply for a license to operate one of the types of early care
11 and education providers facilities defined in Sections 2.09,
12 2.18, and 2.20 or, for providers that offer programs described
13 in subsection (d-10) of Section 3, must comply with the
14 requirements to be registered as a Recognized Alternative
15 Provider.
16 (b) Application for a license to operate an early a day
17 care and education center, early day care and education home,
18 or group early day care and education home must be made to the
19 Department of Early Childhood in the manner and on forms
20 prescribed by it.
21 (c) If, upon examination of the early care and education
22 provider facility and investigation of persons responsible for
23 care of children, the Department of Early Childhood is
24 satisfied that the provider facility and responsible persons
25 reasonably meet standards prescribed for the type of provider
HB3595 Enrolled - 626 - LRB104 08153 BAB 18201 b
1 facility for which application is made, including health and
2 safety standards, facility standards, staffing standards,
3 nutrition standards, and other standards prescribed by the
4 Department of Early Childhood, it shall issue a license in
5 proper form, designating on that license the type of early
6 child care and education provider facility and the number of
7 children to be served at any one time.
8 (Source: P.A. 103-594, eff. 7-1-26.)
9 (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
10 (Text of Section before amendment by P.A. 103-594)
11 Sec. 4.1. Criminal background investigations.
12 (a) In this Section, "third-party vendor" means a
13 third-party fingerprinting vendor who is licensed by the
14 Department of Financial and Professional Regulation and
15 regulated by 68 Ill. Adm. Code 1240.600.
16 (b) The Department shall require that each child care
17 facility license applicant as part of the application process,
18 and each employee and volunteer of a child care facility or
19 non-licensed service provider, as a condition of employment,
20 authorize an investigation to determine if such applicant,
21 employee, or volunteer has ever been charged with a crime and
22 if so, the disposition of those charges; this authorization
23 shall indicate the scope of the inquiry and the agencies which
24 may be contacted. An employee or volunteer of a day care
25 center, day care home, or group day care home shall authorize
HB3595 Enrolled - 627 - LRB104 08153 BAB 18201 b
1 an investigation every 5 years, as required under the Child
2 Care and Development Block Grant. A child care facility,
3 non-licensed service provider, day care center, group day care
4 home, or day care home may authorize the Department or a
5 third-party vendor to collect fingerprints for the
6 investigation. If a third-party vendor is used for
7 fingerprinting, then the child care facility, non-licensed
8 service provider, day care center, group day care home, or day
9 care home shall pay the third-party vendor for that service
10 directly. If a child care facility, non-licensed service
11 provider, day care center, group day care home, or day care
12 home authorizes the Department or a third-party vendor to
13 collect fingerprints for the investigation, the Director shall
14 request and receive information and assistance from any
15 federal, State, or local governmental agency as part of the
16 authorized investigation. Each applicant, employee, or
17 volunteer of a child care facility or non-licensed service
18 provider shall submit the applicant's, employee's, or
19 volunteer's fingerprints to the Illinois State Police in the
20 form and manner prescribed by the Illinois State Police. These
21 fingerprints shall be checked against the fingerprint records
22 now and hereafter filed in the Illinois State Police and
23 Federal Bureau of Investigation criminal history records
24 databases. The Illinois State Police shall charge a fee for
25 conducting the criminal history records check, which shall be
26 deposited into in the State Police Services Fund and shall not
HB3595 Enrolled - 628 - LRB104 08153 BAB 18201 b
1 exceed the actual cost of the records check. The Illinois
2 State Police shall provide information concerning any criminal
3 charges, and their disposition, now or hereafter filed,
4 against an applicant, employee, or volunteer of a child care
5 facility or non-licensed service provider upon request of the
6 Department of Children and Family Services when the request is
7 made in the form and manner required by the Illinois State
8 Police.
9 Information concerning convictions of a license applicant,
10 employee, or volunteer of a child care facility or
11 non-licensed service provider investigated under this Section,
12 including the source of the information and any conclusions or
13 recommendations derived from the information, shall be
14 provided, upon request, to such applicant, employee, or
15 volunteer of a child care facility or non-licensed service
16 provider prior to final action by the Department on the
17 application. State conviction information provided by the
18 Illinois State Police regarding employees, prospective
19 employees, or volunteers of non-licensed service providers and
20 child care facilities licensed under this Act shall be
21 provided to the operator of such facility, and, upon request,
22 to the employee, prospective employee, or volunteer of a child
23 care facility or non-licensed service provider. Any
24 information concerning criminal charges and the disposition of
25 such charges obtained by the Department shall be confidential
26 and may not be transmitted outside the Department, except as
HB3595 Enrolled - 629 - LRB104 08153 BAB 18201 b
1 required herein, and may not be transmitted to anyone within
2 the Department except as needed for the purpose of evaluating
3 an application or an employee or volunteer of a child care
4 facility or non-licensed service provider. Only information
5 and standards which bear a reasonable and rational relation to
6 the performance of a child care facility shall be used by the
7 Department or any licensee. Any employee of the Department of
8 Children and Family Services, Illinois State Police, or a
9 child care facility receiving confidential information under
10 this Section who gives or causes to be given any confidential
11 information concerning any criminal convictions of an
12 applicant, employee, or volunteer of a child care facility or
13 non-licensed service provider, shall be guilty of a Class A
14 misdemeanor unless release of such information is authorized
15 by this Section.
16 The Department of Children and Family Services, through
17 June 30, 2026, or the Department of Early Childhood, on and
18 after July 1, 2026, shall allow day care centers, day care
19 homes, and group day care homes to hire, on a probationary
20 basis, any employee or volunteer authorizing a criminal
21 background investigation under this Section after receiving a
22 qualifying result, as determined by the Department of Children
23 and Family Services or the Department of Early Childhood,
24 whichever is applicable, pursuant to this Act, from either:
25 (1) the Federal Bureau of Investigation fingerprint
26 criminal background check; or
HB3595 Enrolled - 630 - LRB104 08153 BAB 18201 b
1 (2) the Illinois State Police fingerprint criminal
2 background check and a criminal record check of the
3 criminal repository of each state in which the employee or
4 volunteer resided during the preceding 5 years.
5 Pending full clearance of all background check
6 requirements, the prospective employee or volunteer must be
7 supervised at all times by an individual who received a
8 qualifying result on all background check components.
9 Employees and volunteers of a day care center, day care home,
10 or group day care home shall be notified prior to hiring that
11 such employment may be terminated on the basis of criminal
12 background information obtained by the facility.
13 (Source: P.A. 103-22, eff. 8-8-23; 103-1072, eff. 1-1-26;
14 104-307, eff. 1-1-26; revised 10-27-25.)
15 (Text of Section after amendment by P.A. 103-594)
16 Sec. 4.1. Criminal background investigations.
17 (a) In this Section, "third-party vendor" means a
18 third-party fingerprinting vendor who is licensed by the
19 Department of Financial and Professional Regulation and
20 regulated by 68 Ill. Adm. Code 1240.600.
21 (b) Except as provided in Section 3, the The Department of
22 Children and Family Services or the Department of Early
23 Childhood shall require that each early care and education
24 provider child care facility license applicant, under the
25 agencies' respective authority as part of the application
HB3595 Enrolled - 631 - LRB104 08153 BAB 18201 b
1 process, and each employee and volunteer of an early care and
2 education center, early care and education home, or group
3 early care and education home a child care facility or
4 non-licensed service provider, as a condition of employment,
5 authorize an investigation to determine if such applicant,
6 employee, or volunteer has ever been charged with a crime and
7 if so, the disposition of those charges; this authorization
8 shall indicate the scope of the inquiry and the agencies which
9 may be contacted. Upon this authorization, the Secretary shall
10 request and receive information and assistance from any
11 federal, State, or local governmental agency as part of the
12 authorized investigation. Each applicant, employee, or
13 volunteer shall submit the applicant's, employee's, or
14 volunteer's fingerprints to the Illinois State Police in the
15 form and manner prescribed by the Illinois State Police. The
16 fingerprints shall be checked against the fingerprint records
17 now and hereafter filed in the Illinois State Police and
18 Federal Bureau of Investigation criminal history records
19 databases. The Illinois State Police shall charge a fee for
20 conducting the criminal history records check, which shall be
21 deposited in the State Police Services Fund and shall not
22 exceed the actual cost of the records check. The Illinois
23 State Police shall provide information concerning any criminal
24 charges and their disposition, now or hereafter filed, against
25 an applicant, employee, or volunteer of an early care and
26 education center, early care and education home, or group
HB3595 Enrolled - 632 - LRB104 08153 BAB 18201 b
1 early care and education home upon request of the Department
2 of Early Childhood in the form and manner required by the
3 Illinois State Police. Information concerning convictions of a
4 license applicant, employee, or volunteer of an early care and
5 education center, early care and education home, or group
6 early care and education home service provider investigated
7 under this Section, including the source of the information
8 and any conclusions or recommendations derived from the
9 information, shall be provided, upon request, to such
10 applicant, employee, or volunteer of an early care and
11 education center, early care and education home, or group
12 early care and education home before final action by the
13 Department of Early Childhood on the application. State
14 conviction information provided by the Illinois State Police
15 regarding employees, prospective employees, or volunteers of
16 early care and education centers, early care and education
17 homes, or group early care and education homes licensed under
18 this Act shall be provided to the Department of Early
19 Childhood, to the operator of such provider, and, upon
20 request, to the employee, prospective employee, or volunteer
21 of an early care and education center, early care and
22 education home, or group early care and education home. Any
23 information concerning criminal charges and the disposition of
24 such charges obtained by the Department of Early Childhood
25 shall be confidential and may not be transmitted outside the
26 Department, except as required under this Section, and may not
HB3595 Enrolled - 633 - LRB104 08153 BAB 18201 b
1 be transmitted to anyone within the Department except as
2 needed for the purpose of evaluating an application or an
3 employee or volunteer of an early care and education center,
4 early care and education home, or group early care and
5 education. Only information and standards which bear a
6 reasonable and rational relation to the performance of an
7 early care and education provider shall be used by the
8 Department or any licensee. Any employee of the Department of
9 Early Childhood, Illinois State Police, or an early care and
10 education center, early care and education home, or group
11 early care and education home receiving confidential
12 information under this Section who gives or causes to be given
13 any confidential information concerning any criminal
14 convictions of an applicant, employee, or volunteer of an
15 early care and education center, early care and education
16 home, or group early care and education home shall be guilty of
17 a Class A misdemeanor unless release of such information is
18 authorized under this Section.
19 Beginning July 1, 2027, the authority and responsibility
20 to conduct a fingerprint-based criminal history check for
21 early care and education center providers under Section 2.09,
22 early care and education home providers under Section 2.18,
23 and group early care and education home providers under
24 Section 2.20 shall transfer to the Department of Early
25 Childhood pursuant to Section 80-5 of the Department of Early
26 Childhood Act.
HB3595 Enrolled - 634 - LRB104 08153 BAB 18201 b
1 An employee or volunteer of a day care center, day care
2 home, or group day care home shall authorize an investigation
3 every 5 years, as required under the Child Care and
4 Development Block Grant. A child care facility, non-licensed
5 service provider, day care center, group day care home, or day
6 care home may authorize the Department or a third-party vendor
7 to collect fingerprints for the investigation. If a
8 third-party vendor is used for fingerprinting, then the child
9 care facility, non-licensed service provider, day care center,
10 group day care home, or day care home shall pay the third-party
11 vendor for that service directly. If a child care facility,
12 non-licensed service provider, day care center, group day care
13 home, or day care home authorizes the Department or a
14 third-party vendor to collect fingerprints for the
15 investigation, the Director shall request and receive
16 information and assistance from any federal, State, or local
17 governmental agency as part of the authorized investigation.
18 Each applicant, employee, or volunteer of a child care
19 facility or non-licensed service provider shall submit the
20 applicant's, employee's, or volunteer's fingerprints to the
21 Illinois State Police in the form and manner prescribed by the
22 Illinois State Police. These fingerprints shall be checked
23 against the fingerprint records now and hereafter filed in the
24 Illinois State Police and Federal Bureau of Investigation
25 criminal history records databases. The Illinois State Police
26 shall charge a fee for conducting the criminal history records
HB3595 Enrolled - 635 - LRB104 08153 BAB 18201 b
1 check, which shall be deposited in the State Police Services
2 Fund and shall not exceed the actual cost of the records check.
3 The Illinois State Police shall provide information concerning
4 any criminal charges, and their disposition, now or hereafter
5 filed, against an applicant, employee, or volunteer of a child
6 care facility or non-licensed service provider upon request of
7 the Department of Children and Family Services or the
8 Department of Early Childhood when the request is made in the
9 form and manner required by the Illinois State Police.
10 Information concerning convictions of a license applicant,
11 employee, or volunteer of a child care facility or
12 non-licensed service provider investigated under this Section,
13 including the source of the information and any conclusions or
14 recommendations derived from the information, shall be
15 provided, upon request, to such applicant, employee, or
16 volunteer of a child care facility or non-licensed service
17 provider prior to final action by the Department of Children
18 and Family Services or the Department of Early Childhood under
19 the agencies' respective authority on the application. State
20 conviction information provided by the Illinois State Police
21 regarding employees, prospective employees, or volunteers of
22 non-licensed service providers and child care facilities
23 licensed under this Act shall be provided to the operator of
24 such facility, and, upon request, to the employee, prospective
25 employee, or volunteer of a child care facility or
26 non-licensed service provider. Any information concerning
HB3595 Enrolled - 636 - LRB104 08153 BAB 18201 b
1 criminal charges and the disposition of such charges obtained
2 by the Department of Children and Family Services or the
3 Department of Early Childhood shall be confidential and may
4 not be transmitted outside the Department of Children and
5 Family Services or the Department of Early Childhood, except
6 as required herein, and may not be transmitted to anyone
7 within the Department of Children and Family Services or the
8 Department of Early Childhood except as needed for the purpose
9 of evaluating an application or an employee or volunteer of a
10 child care facility or non-licensed service provider. Only
11 information and standards which bear a reasonable and rational
12 relation to the performance of a child care facility shall be
13 used by the Department of Children and Family Services or the
14 Department of Early Childhood or any licensee. Any employee of
15 the Department of Children and Family Services, Department of
16 Early Childhood, Illinois State Police, or a child care
17 facility receiving confidential information under this Section
18 who gives or causes to be given any confidential information
19 concerning any criminal convictions of an applicant, employee,
20 or volunteer of a child care facility or non-licensed service
21 provider, shall be guilty of a Class A misdemeanor unless
22 release of such information is authorized by this Section.
23 The Department of Children and Family Services, through
24 June 30, 2026, or the Department of Early Childhood, on and
25 after July 1, 2026, shall allow early care and education day
26 care centers, early care and education day care homes, and
HB3595 Enrolled - 637 - LRB104 08153 BAB 18201 b
1 group early care and education day care homes to hire, on a
2 probationary basis, any employee or volunteer authorizing a
3 criminal background investigation under this Section after
4 receiving a qualifying result, as determined by the Department
5 of Children and Family Services or the Department of Early
6 Childhood, whichever is applicable, pursuant to this Act, from
7 either:
8 (1) the Federal Bureau of Investigation fingerprint
9 criminal background check; or
10 (2) the Illinois State Police fingerprint criminal
11 background check and a criminal record check of the
12 criminal repository of each state in which the employee or
13 volunteer resided during the preceding 5 years.
14 Pending full clearance of all background check
15 requirements, the prospective employee or volunteer must be
16 supervised at all times by an individual who received a
17 qualifying result on all background check components.
18 Employees and volunteers of an early care and education a day
19 care center, early care and education day care home, or group
20 early care and education day care home shall be notified prior
21 to hiring that such employment may be terminated on the basis
22 of criminal background information obtained by the facility.
23 (Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26;
24 103-1072, eff. 1-1-26; 104-307, eff. 1-1-26; revised
25 10-27-25.)
HB3595 Enrolled - 638 - LRB104 08153 BAB 18201 b
1 (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
2 Sec. 4.2. (a) No applicant may receive a license from the
3 Department and no person may be employed by a licensed early
4 care and education provider child care facility who refuses to
5 authorize an investigation as required by Section 4.1.
6 (b) In addition to the other provisions of this Section,
7 no applicant may receive a license from the Department and no
8 person may be employed by an early care and education provider
9 a child care facility licensed by the Department who has been
10 declared a sexually dangerous person under the Sexually
11 Dangerous Persons Act, or convicted of committing or
12 attempting to commit any of the following offenses stipulated
13 under the Criminal Code of 1961 or the Criminal Code of 2012:
14 (1) murder;
15 (1.1) solicitation of murder;
16 (1.2) solicitation of murder for hire;
17 (1.3) intentional homicide of an unborn child;
18 (1.4) voluntary manslaughter of an unborn child;
19 (1.5) involuntary manslaughter;
20 (1.6) reckless homicide;
21 (1.7) concealment of a homicidal death;
22 (1.8) involuntary manslaughter of an unborn child;
23 (1.9) reckless homicide of an unborn child;
24 (1.10) drug-induced homicide;
25 (2) a sex offense under Article 11, except offenses
26 described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
HB3595 Enrolled - 639 - LRB104 08153 BAB 18201 b
1 11-40, and 11-45;
2 (3) kidnapping;
3 (3.1) aggravated unlawful restraint;
4 (3.2) forcible detention;
5 (3.3) harboring a runaway;
6 (3.4) aiding and abetting child abduction;
7 (4) aggravated kidnapping;
8 (5) child abduction;
9 (6) aggravated battery of a child as described in
10 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
11 (7) criminal sexual assault;
12 (8) aggravated criminal sexual assault;
13 (8.1) predatory criminal sexual assault of a child;
14 (9) criminal sexual abuse;
15 (10) aggravated sexual abuse;
16 (11) heinous battery as described in Section 12-4.1 or
17 subdivision (a)(2) of Section 12-3.05;
18 (12) aggravated battery with a firearm as described in
19 Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
20 (e)(4) of Section 12-3.05;
21 (13) tampering with food, drugs, or cosmetics;
22 (14) drug induced infliction of great bodily harm as
23 described in Section 12-4.7 or subdivision (g)(1) of
24 Section 12-3.05;
25 (15) hate crime;
26 (16) stalking;
HB3595 Enrolled - 640 - LRB104 08153 BAB 18201 b
1 (17) aggravated stalking;
2 (18) threatening public officials;
3 (19) home invasion;
4 (20) vehicular invasion;
5 (21) criminal transmission of HIV;
6 (22) criminal abuse or neglect of an elderly person or
7 person with a disability as described in Section 12-21 or
8 subsection (e) of Section 12-4.4a;
9 (23) child abandonment;
10 (24) endangering the life or health of a child;
11 (25) ritual mutilation;
12 (26) ritualized abuse of a child;
13 (27) an offense in any other jurisdiction the elements
14 of which are similar and bear a substantial relationship
15 to any of the foregoing offenses.
16 (b-1) In addition to the other provisions of this Section,
17 beginning January 1, 2004, no new applicant and, on the date of
18 licensure renewal, no current licensee may operate or receive
19 a license from the Department to operate, no person may be
20 employed by, and no adult person may reside in an early care
21 and education provider's location a child care facility
22 licensed by the Department who has been convicted of
23 committing or attempting to commit any of the following
24 offenses or an offense in any other jurisdiction the elements
25 of which are similar and bear a substantial relationship to
26 any of the following offenses:
HB3595 Enrolled - 641 - LRB104 08153 BAB 18201 b
1 (I) BODILY HARM
2 (1) Felony aggravated assault.
3 (2) Vehicular endangerment.
4 (3) Felony domestic battery.
5 (4) Aggravated battery.
6 (5) Heinous battery.
7 (6) Aggravated battery with a firearm.
8 (7) Aggravated battery of an unborn child.
9 (8) Aggravated battery of a senior citizen.
10 (9) Intimidation.
11 (10) Compelling organization membership of persons.
12 (11) Abuse and criminal neglect of a long term care
13 facility resident.
14 (12) Felony violation of an order of protection.
15 (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
16 (1) Felony unlawful possession of weapons.
17 (2) Aggravated discharge of a firearm.
18 (3) Reckless discharge of a firearm.
19 (4) Unlawful use of metal piercing bullets.
20 (5) Unlawful sale or delivery of firearms on the
21 premises of any school.
22 (6) Disarming a police officer.
HB3595 Enrolled - 642 - LRB104 08153 BAB 18201 b
1 (7) Obstructing justice.
2 (8) Concealing or aiding a fugitive.
3 (9) Armed violence.
4 (10) Felony contributing to the criminal delinquency
5 of a juvenile.
6 (III) DRUG OFFENSES
7 (1) Possession of more than 30 grams of cannabis.
8 (2) Manufacture of more than 10 grams of cannabis.
9 (3) Cannabis trafficking.
10 (4) Delivery of cannabis on school grounds.
11 (5) Unauthorized production of more than 5 cannabis
12 sativa plants.
13 (6) Calculated criminal cannabis conspiracy.
14 (7) Unauthorized manufacture or delivery of controlled
15 substances.
16 (8) Controlled substance trafficking.
17 (9) Manufacture, distribution, or advertisement of
18 look-alike substances.
19 (10) Calculated criminal drug conspiracy.
20 (11) Street gang criminal drug conspiracy.
21 (12) Permitting unlawful use of a building.
22 (13) Delivery of controlled, counterfeit, or
23 look-alike substances to persons under age 18, or at truck
24 stops, rest stops, or safety rest areas, or on school
HB3595 Enrolled - 643 - LRB104 08153 BAB 18201 b
1 property.
2 (14) Using, engaging, or employing persons under 18 to
3 deliver controlled, counterfeit, or look-alike substances.
4 (15) Delivery of controlled substances.
5 (16) Sale or delivery of drug paraphernalia.
6 (17) Felony possession, sale, or exchange of
7 instruments adapted for use of a controlled substance,
8 methamphetamine, or cannabis by subcutaneous injection.
9 (18) Felony possession of a controlled substance.
10 (19) Any violation of the Methamphetamine Control and
11 Community Protection Act.
12 (b-1.5) In addition to any other provision of this
13 Section, for applicants with access to confidential financial
14 information or who submit documentation to support billing,
15 the Department may, in its discretion, deny or refuse to renew
16 a license to an applicant who has been convicted of committing
17 or attempting to commit any of the following felony offenses:
18 (1) financial institution fraud under Section 17-10.6
19 of the Criminal Code of 1961 or the Criminal Code of 2012;
20 (2) identity theft under Section 16-30 of the Criminal
21 Code of 1961 or the Criminal Code of 2012;
22 (3) financial exploitation of an elderly person or a
23 person with a disability under Section 17-56 of the
24 Criminal Code of 1961 or the Criminal Code of 2012;
25 (4) computer tampering under Section 17-51 of the
26 Criminal Code of 1961 or the Criminal Code of 2012;
HB3595 Enrolled - 644 - LRB104 08153 BAB 18201 b
1 (5) aggravated computer tampering under Section 17-52
2 of the Criminal Code of 1961 or the Criminal Code of 2012;
3 (6) computer fraud under Section 17-50 of the Criminal
4 Code of 1961 or the Criminal Code of 2012;
5 (7) deceptive practices under Section 17-1 of the
6 Criminal Code of 1961 or the Criminal Code of 2012;
7 (8) forgery under Section 17-3 of the Criminal Code of
8 1961 or the Criminal Code of 2012;
9 (9) State benefits fraud under Section 17-6 of the
10 Criminal Code of 1961 or the Criminal Code of 2012;
11 (10) mail fraud and wire fraud under Section 17-24 of
12 the Criminal Code of 1961 or the Criminal Code of 2012;
13 (11) theft under paragraphs (1.1) through (11) of
14 subsection (b) of Section 16-1 of the Criminal Code of
15 1961 or the Criminal Code of 2012.
16 (b-2) Notwithstanding subsection (b-1), the Department may
17 make an exception and, for early care and education providers
18 child care facilities other than foster family homes, issue a
19 new early care and education provider child care facility
20 license to or renew the existing early care and education
21 provider child care facility license of an applicant, a person
22 employed by an early care and education provider a child care
23 facility, or an applicant who has an adult residing in a home
24 early care and education provider child care facility who was
25 convicted of an offense described in subsection (b-1),
26 provided that all of the following requirements are met:
HB3595 Enrolled - 645 - LRB104 08153 BAB 18201 b
1 (1) The relevant criminal offense occurred more than 5
2 years prior to the date of application or renewal, except
3 for drug offenses. The relevant drug offense must have
4 occurred more than 10 years prior to the date of
5 application or renewal, unless the applicant passed a drug
6 test, arranged and paid for by the early care and
7 education provider child care facility, no less than 5
8 years after the offense.
9 (2) The Department must conduct a background check and
10 assess all convictions and recommendations of the early
11 care and education provider child care facility to
12 determine if hiring or licensing the applicant is in
13 accordance with Department administrative rules and
14 procedures.
15 (3) The applicant meets all other requirements and
16 qualifications to be licensed as the pertinent type of
17 early care and education provider child care facility
18 under this Act and the Department's administrative rules.
19 (c) In addition to the other provisions of this Section,
20 no applicant may receive a license from the Department to
21 operate a foster family home, and no adult person may reside in
22 a foster family home licensed by the Department, who has been
23 convicted of committing or attempting to commit any of the
24 following offenses stipulated under the Criminal Code of 1961,
25 the Criminal Code of 2012, the Cannabis Control Act, the
26 Methamphetamine Control and Community Protection Act, and the
HB3595 Enrolled - 646 - LRB104 08153 BAB 18201 b
1 Illinois Controlled Substances Act:
2 (I) OFFENSES DIRECTED AGAINST THE PERSON
3 (A) KIDNAPPING AND RELATED OFFENSES
4 (1) Unlawful restraint.
5 (B) BODILY HARM
6 (2) Felony aggravated assault.
7 (3) Vehicular endangerment.
8 (4) Felony domestic battery.
9 (5) Aggravated battery.
10 (6) Heinous battery.
11 (7) Aggravated battery with a firearm.
12 (8) Aggravated battery of an unborn child.
13 (9) Aggravated battery of a senior citizen.
14 (10) Intimidation.
15 (11) Compelling organization membership of persons.
16 (12) Abuse and criminal neglect of a long term care
17 facility resident.
18 (13) Felony violation of an order of protection.
19 (II) OFFENSES DIRECTED AGAINST PROPERTY
20 (14) Felony theft.
21 (15) Robbery.
HB3595 Enrolled - 647 - LRB104 08153 BAB 18201 b
1 (16) Armed robbery.
2 (17) Aggravated robbery.
3 (18) Vehicular hijacking.
4 (19) Aggravated vehicular hijacking.
5 (20) Burglary.
6 (21) Possession of burglary tools.
7 (22) Residential burglary.
8 (23) Criminal fortification of a residence or
9 building.
10 (24) Arson.
11 (25) Aggravated arson.
12 (26) Possession of explosive or explosive incendiary
13 devices.
14 (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
15 (27) Felony unlawful possession of weapons.
16 (28) Aggravated discharge of a firearm.
17 (29) Reckless discharge of a firearm.
18 (30) Unlawful use of metal piercing bullets.
19 (31) Unlawful sale or delivery of firearms on the
20 premises of any school.
21 (32) Disarming a police officer.
22 (33) Obstructing justice.
23 (34) Concealing or aiding a fugitive.
24 (35) Armed violence.
HB3595 Enrolled - 648 - LRB104 08153 BAB 18201 b
1 (36) Felony contributing to the criminal delinquency
2 of a juvenile.
3 (IV) DRUG OFFENSES
4 (37) Possession of more than 30 grams of cannabis.
5 (38) Manufacture of more than 10 grams of cannabis.
6 (39) Cannabis trafficking.
7 (40) Delivery of cannabis on school grounds.
8 (41) Unauthorized production of more than 5 cannabis
9 sativa plants.
10 (42) Calculated criminal cannabis conspiracy.
11 (43) Unauthorized manufacture or delivery of
12 controlled substances.
13 (44) Controlled substance trafficking.
14 (45) Manufacture, distribution, or advertisement of
15 look-alike substances.
16 (46) Calculated criminal drug conspiracy.
17 (46.5) Streetgang criminal drug conspiracy.
18 (47) Permitting unlawful use of a building.
19 (48) Delivery of controlled, counterfeit, or
20 look-alike substances to persons under age 18, or at truck
21 stops, rest stops, or safety rest areas, or on school
22 property.
23 (49) Using, engaging, or employing persons under 18 to
24 deliver controlled, counterfeit, or look-alike substances.
HB3595 Enrolled - 649 - LRB104 08153 BAB 18201 b
1 (50) Delivery of controlled substances.
2 (51) Sale or delivery of drug paraphernalia.
3 (52) Felony possession, sale, or exchange of
4 instruments adapted for use of a controlled substance,
5 methamphetamine, or cannabis by subcutaneous injection.
6 (53) Any violation of the Methamphetamine Control and
7 Community Protection Act.
8 (d) Notwithstanding subsection (c), the Department may
9 make an exception and issue a new foster family home license or
10 may renew an existing foster family home license of an
11 applicant who was convicted of an offense described in
12 subsection (c), provided all of the following requirements are
13 met:
14 (1) The relevant criminal offense or offenses occurred
15 more than 10 years prior to the date of application or
16 renewal.
17 (2) The applicant had previously disclosed the
18 conviction or convictions to the Department for purposes
19 of a background check.
20 (3) After the disclosure, the Department either placed
21 a child in the home or the foster family home license was
22 issued.
23 (4) During the background check, the Department had
24 assessed and waived the conviction in compliance with the
25 existing statutes and rules in effect at the time of the
26 hire or licensure.
HB3595 Enrolled - 650 - LRB104 08153 BAB 18201 b
1 (5) The applicant meets all other requirements and
2 qualifications to be licensed as a foster family home
3 under this Act and the Department's administrative rules.
4 (6) The applicant has a history of providing a safe,
5 stable home environment and appears able to continue to
6 provide a safe, stable home environment.
7 (e) In evaluating the exception pursuant to subsections
8 (b-2) and (d), the Department must carefully review any
9 relevant documents to determine whether the applicant, despite
10 the disqualifying convictions, poses a substantial risk to
11 State resources or clients. In making such a determination,
12 the following guidelines shall be used:
13 (1) the age of the applicant when the offense was
14 committed;
15 (2) the circumstances surrounding the offense;
16 (3) the length of time since the conviction;
17 (4) the specific duties and responsibilities
18 necessarily related to the license being applied for and
19 the bearing, if any, that the applicant's conviction
20 history may have on the applicant's fitness to perform
21 these duties and responsibilities;
22 (5) the applicant's employment references;
23 (6) the applicant's character references and any
24 certificates of achievement;
25 (7) an academic transcript showing educational
26 attainment since the disqualifying conviction;
HB3595 Enrolled - 651 - LRB104 08153 BAB 18201 b
1 (8) a Certificate of Relief from Disabilities or
2 Certificate of Good Conduct; and
3 (9) anything else that speaks to the applicant's
4 character.
5 (Source: P.A. 103-22, eff. 8-8-23; 103-822, eff. 1-1-25.)
6 (225 ILCS 10/4.2a)
7 (This Section may contain text from a Public Act with a
8 delayed effective date)
9 Sec. 4.2a. License eligibility; Department of Early
10 Childhood.
11 (a) No applicant may receive a license or recognition as a
12 Recognized Alternative Provider from the Department of Early
13 Childhood and no person may be employed by a licensed early
14 care and education provider or Recognized Alternative Provider
15 child care facility who refuses to authorize an investigation
16 as required by Section 4.1.
17 (b) In addition to the other provisions of this Section,
18 no applicant may receive a license or registration as a
19 Recognized Alternative Provider from the Department of Early
20 Childhood and no person may be employed by a child care
21 facility licensed early care and education provider or
22 Recognized Alternative Provider by the Department of Early
23 Childhood who has been declared a sexually dangerous person
24 under the Sexually Dangerous Persons Act, or convicted of
25 committing or attempting to commit any of the following
HB3595 Enrolled - 652 - LRB104 08153 BAB 18201 b
1 offenses stipulated under the Criminal Code of 1961 or the
2 Criminal Code of 2012:
3 (1) murder;
4 (1.1) solicitation of murder;
5 (1.2) solicitation of murder for hire;
6 (1.3) intentional homicide of an unborn child;
7 (1.4) voluntary manslaughter of an unborn child;
8 (1.5) involuntary manslaughter;
9 (1.6) reckless homicide;
10 (1.7) concealment of a homicidal death;
11 (1.8) involuntary manslaughter of an unborn child;
12 (1.9) reckless homicide of an unborn child;
13 (1.10) drug-induced homicide;
14 (2) a sex offense under Article 11, except offenses
15 described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
16 11-40, and 11-45;
17 (3) kidnapping;
18 (3.1) aggravated unlawful restraint;
19 (3.2) forcible detention;
20 (3.3) harboring a runaway;
21 (3.4) aiding and abetting child abduction;
22 (4) aggravated kidnapping;
23 (5) child abduction;
24 (6) aggravated battery of a child as described in
25 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
26 (7) criminal sexual assault;
HB3595 Enrolled - 653 - LRB104 08153 BAB 18201 b
1 (8) aggravated criminal sexual assault;
2 (8.1) predatory criminal sexual assault of a child;
3 (9) criminal sexual abuse;
4 (10) aggravated sexual abuse;
5 (11) heinous battery as described in Section 12-4.1 or
6 subdivision (a)(2) of Section 12-3.05;
7 (12) aggravated battery with a firearm as described in
8 Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
9 (e)(4) of Section 12-3.05;
10 (13) tampering with food, drugs, or cosmetics;
11 (14) drug induced infliction of great bodily harm as
12 described in Section 12-4.7 or subdivision (g)(1) of
13 Section 12-3.05;
14 (15) hate crime;
15 (16) stalking;
16 (17) aggravated stalking;
17 (18) threatening public officials;
18 (19) home invasion;
19 (20) vehicular invasion;
20 (21) criminal transmission of HIV;
21 (22) criminal abuse or neglect of an elderly person or
22 person with a disability as described in Section 12-21 or
23 subsection (e) of Section 12-4.4a;
24 (23) child abandonment;
25 (24) endangering the life or health of a child;
26 (25) ritual mutilation;
HB3595 Enrolled - 654 - LRB104 08153 BAB 18201 b
1 (26) ritualized abuse of a child;
2 (27) an offense in any other jurisdiction the elements
3 of which are similar and bear a substantial relationship
4 to any of the foregoing offenses.
5 (b-1) In addition to the other provisions of this Section,
6 beginning January 1, 2004, no new applicant and, on the date of
7 licensure renewal, no current licensee may operate or receive
8 a license from the Department of Early Childhood to operate,
9 no person may be employed by, and no adult person may reside in
10 an early care and education provider's location a child care
11 facility licensed by the Department of Early Childhood who has
12 been convicted of committing or attempting to commit any of
13 the following offenses or an offense in any other jurisdiction
14 the elements of which are similar and bear a substantial
15 relationship to any of the following offenses:
16 (I) BODILY HARM
17 (1) Felony aggravated assault.
18 (2) Vehicular endangerment.
19 (3) Felony domestic battery.
20 (4) Aggravated battery.
21 (5) Heinous battery.
22 (6) Aggravated battery with a firearm.
23 (7) Aggravated battery of an unborn child.
24 (8) Aggravated battery of a senior citizen.
25 (9) Intimidation.
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1 (10) Compelling organization membership of persons.
2 (11) Abuse and criminal neglect of a long term care
3 facility resident.
4 (12) Felony violation of an order of protection.
5 (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
6 (1) Felony unlawful use of weapons.
7 (2) Aggravated discharge of a firearm.
8 (3) Reckless discharge of a firearm.
9 (4) Unlawful use of metal piercing bullets.
10 (5) Unlawful sale or delivery of firearms on the
11 premises of any school.
12 (6) Disarming a police officer.
13 (7) Obstructing justice.
14 (8) Concealing or aiding a fugitive.
15 (9) Armed violence.
16 (10) Felony contributing to the criminal delinquency
17 of a juvenile.
18 (III) DRUG OFFENSES
19 (1) Possession of more than 30 grams of cannabis.
20 (2) Manufacture of more than 10 grams of cannabis.
21 (3) Cannabis trafficking.
22 (4) Delivery of cannabis on school grounds.
23 (5) Unauthorized production of more than 5 cannabis
24 sativa plants.
HB3595 Enrolled - 656 - LRB104 08153 BAB 18201 b
1 (6) Calculated criminal cannabis conspiracy.
2 (7) Unauthorized manufacture or delivery of controlled
3 substances.
4 (8) Controlled substance trafficking.
5 (9) Manufacture, distribution, or advertisement of
6 look-alike substances.
7 (10) Calculated criminal drug conspiracy.
8 (11) Street gang criminal drug conspiracy.
9 (12) Permitting unlawful use of a building.
10 (13) Delivery of controlled, counterfeit, or
11 look-alike substances to persons under age 18, or at truck
12 stops, rest stops, or safety rest areas, or on school
13 property.
14 (14) Using, engaging, or employing persons under 18 to
15 deliver controlled, counterfeit, or look-alike substances.
16 (15) Delivery of controlled substances.
17 (16) Sale or delivery of drug paraphernalia.
18 (17) Felony possession, sale, or exchange of
19 instruments adapted for use of a controlled substance,
20 methamphetamine, or cannabis by subcutaneous injection.
21 (18) Felony possession of a controlled substance.
22 (19) Any violation of the Methamphetamine Control and
23 Community Protection Act.
24 (b-1.5) In addition to any other provision of this
25 Section, for applicants with access to confidential financial
26 information or who submit documentation to support billing,
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1 the Department of Early Childhood may, in its discretion, deny
2 or refuse to renew a license to an applicant who has been
3 convicted of committing or attempting to commit any of the
4 following felony offenses:
5 (1) financial institution fraud under Section 17-10.6
6 of the Criminal Code of 1961 or the Criminal Code of 2012;
7 (2) identity theft under Section 16-30 of the Criminal
8 Code of 1961 or the Criminal Code of 2012;
9 (3) financial exploitation of an elderly person or a
10 person with a disability under Section 17-56 of the
11 Criminal Code of 1961 or the Criminal Code of 2012;
12 (4) computer tampering under Section 17-51 of the
13 Criminal Code of 1961 or the Criminal Code of 2012;
14 (5) aggravated computer tampering under Section 17-52
15 of the Criminal Code of 1961 or the Criminal Code of 2012;
16 (6) computer fraud under Section 17-50 of the Criminal
17 Code of 1961 or the Criminal Code of 2012;
18 (7) deceptive practices under Section 17-1 of the
19 Criminal Code of 1961 or the Criminal Code of 2012;
20 (8) forgery under Section 17-3 of the Criminal Code of
21 1961 or the Criminal Code of 2012;
22 (9) State benefits fraud under Section 17-6 of the
23 Criminal Code of 1961 or the Criminal Code of 2012;
24 (10) mail fraud and wire fraud under Section 17-24 of
25 the Criminal Code of 1961 or the Criminal Code of 2012;
26 (11) theft under paragraphs (1.1) through (11) of
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1 subsection (b) of Section 16-1 of the Criminal Code of
2 1961 or the Criminal Code of 2012.
3 (b-2) Notwithstanding subsection (b-1), the Department of
4 Early Childhood may make an exception and, for an early care
5 and education a day care center, early care and education day
6 care home, or group early care and education day care home,
7 issue a new early care and education provider child care
8 facility license to or renew the existing early care and
9 education provider child care facility license of an
10 applicant, a person employed by an early care and education
11 provider a child care facility, or an applicant who has an
12 adult residing in a home early care and education provider
13 child care facility who was convicted of an offense described
14 in subsection (b-1), provided that all of the following
15 requirements are met:
16 (1) The relevant criminal offense occurred more than 5
17 years prior to the date of application or renewal, except
18 for drug offenses. The relevant drug offense must have
19 occurred more than 10 years prior to the date of
20 application or renewal, unless the applicant passed a drug
21 test, arranged and paid for by the early care and
22 education provider child care facility, no less than 5
23 years after the offense.
24 (2) The Department of Early Childhood must conduct a
25 background check and assess all convictions and
26 recommendations of the early care and education provider
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1 child care facility to determine if hiring or licensing
2 the applicant is in accordance with Department of Early
3 Childhood administrative rules and procedures.
4 (3) The applicant meets all other requirements and
5 qualifications to be licensed as the pertinent type of
6 early care and education provider child care facility
7 under this Act and the Department of Early Childhood
8 administrative rules.
9 (c) Except for programs operating under subsection (d-10)
10 of Section 3 that are organized under the Park District Code or
11 the Chicago Park District Act, beginning July 1, 2027, the
12 Department of Early Childhood shall have the sole
13 responsibility for evaluating criminal history for early care
14 and education provider applicants and their employees and
15 volunteers and determining whether to issue a license, issue a
16 registration as a Recognized Alternative Provider, or approve
17 an individual to work in an early care and education setting
18 based on the early care and education provider's, employee's,
19 or volunteer's criminal history record. In evaluating the
20 background check requirements under this Section and Section
21 4.1, the Department shall associate the record with the
22 individual. In evaluating the exception pursuant to subsection
23 (b-2), the Department of Early Childhood must carefully review
24 any relevant documents to determine whether the applicant,
25 despite the disqualifying convictions, poses a substantial
26 risk to State resources or clients. In making such a
HB3595 Enrolled - 660 - LRB104 08153 BAB 18201 b
1 determination, the following guidelines shall be used:
2 (1) the age of the applicant when the offense was
3 committed;
4 (2) the circumstances surrounding the offense;
5 (3) the length of time since the conviction;
6 (4) the specific duties and responsibilities
7 necessarily related to the license being applied for and
8 the bearing, if any, that the applicant's conviction
9 history may have on the applicant's fitness to perform
10 these duties and responsibilities;
11 (5) the applicant's employment references;
12 (6) the applicant's character references and any
13 certificates of achievement;
14 (7) an academic transcript showing educational
15 attainment since the disqualifying conviction;
16 (8) a Certificate of Relief from Disabilities or
17 Certificate of Good Conduct; and
18 (9) anything else that speaks to the applicant's
19 character.
20 (Source: P.A. 103-594, eff. 7-1-26.)
21 (225 ILCS 10/4.3) (from Ch. 23, par. 2214.3)
22 (Text of Section before amendment by P.A. 103-594)
23 Sec. 4.3. Child abuse and neglect reports. All child care
24 facility license applicants and all current and prospective
25 employees of a child care facility who have any possible
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1 contact with children in the course of their duties, as a
2 condition of such licensure or employment, shall authorize in
3 writing on a form prescribed by the Department an
4 investigation of the Central Register, as defined in the
5 Abused and Neglected Child Reporting Act, to ascertain if such
6 applicant or employee has been determined to be a perpetrator
7 in an indicated report of child abuse or neglect.
8 All child care facilities as a condition of licensure
9 pursuant to this Act shall maintain such information which
10 demonstrates that all current employees and other applicants
11 for employment who have any possible contact with children in
12 the course of their duties have authorized an investigation of
13 the Central Register as hereinabove required. Only those
14 current or prospective employees who will have no possible
15 contact with children as part of their present or prospective
16 employment may be excluded from provisions requiring
17 authorization of an investigation.
18 Such information concerning a license applicant, employee
19 or prospective employee obtained by the Department shall be
20 confidential and exempt from public inspection and copying as
21 provided under Section 7 of The Freedom of Information Act,
22 and such information shall not be transmitted outside the
23 Department, except as provided in the Abused and Neglected
24 Child Reporting Act, and shall not be transmitted to anyone
25 within the Department except as provided in the Abused and
26 Neglected Child Reporting Act, and shall not be transmitted to
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1 anyone within the Department except as needed for the purposes
2 of evaluation of an application for licensure or for
3 consideration by a child care facility of an employee. Any
4 employee of the Department of Children and Family Services
5 under this Section who gives or causes to be given any
6 confidential information concerning any child abuse or neglect
7 reports about a child care facility applicant, child care
8 facility employee, shall be guilty of a Class A misdemeanor,
9 unless release of such information is authorized by Section
10 11.1 of the Abused and Neglected Child Reporting Act.
11 Additionally, any licensee who is informed by the
12 Department of Children and Family Services, pursuant to
13 Section 7.4 of the Abused and Neglected Child Reporting Act,
14 approved June 26, 1975, as amended, that a formal
15 investigation has commenced relating to an employee of the
16 child care facility or any other person in frequent contact
17 with children at the facility, shall take reasonable action
18 necessary to insure that the employee or other person is
19 restricted during the pendency of the investigation from
20 contact with children whose care has been entrusted to the
21 facility.
22 When a foster family home is the subject of an indicated
23 report under the Abused and Neglected Child Reporting Act, the
24 Department of Children and Family Services must immediately
25 conduct a re-examination of the foster family home to evaluate
26 whether it continues to meet the minimum standards for
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1 licensure. The re-examination is separate and apart from the
2 formal investigation of the report. The Department must
3 establish a schedule for re-examination of the foster family
4 home mentioned in the report at least once a year.
5 When a certified relative caregiver home is the subject of
6 an indicated report under the Abused and Neglected Child
7 Reporting Act, the Department shall immediately conduct a
8 re-examination of the certified relative caregiver home to
9 evaluate whether the home remains an appropriate placement or
10 the certified relative caregiver home continues to meet the
11 minimum standards for certification required under Section 3.4
12 of this Act. The re-examination is separate and apart from the
13 formal investigation of the report and shall be completed in
14 the timeframes established by rule.
15 (Source: P.A. 103-1061, eff. 7-1-25.)
16 (Text of Section after amendment by P.A. 103-594)
17 Sec. 4.3. Child abuse and neglect reports. All early care
18 and education provider child care facility license applicants
19 (other than an early care and education a day care center,
20 early care and education day care home, or group early care and
21 education day care home) and all current and prospective
22 employees of an early care and education provider a child care
23 facility (other than an early care and education a day care
24 center, early care and education day care home, or group early
25 care and education day care home) who have any possible
HB3595 Enrolled - 664 - LRB104 08153 BAB 18201 b
1 contact with children in the course of their duties, as a
2 condition of such licensure or employment, shall authorize in
3 writing on a form prescribed by the Department an
4 investigation of the Central Register, as defined in the
5 Abused and Neglected Child Reporting Act, to ascertain if such
6 applicant or employee has been determined to be a perpetrator
7 in an indicated report of child abuse or neglect.
8 All early care and education providers child care
9 facilities (other than an early care and education a day care
10 center, early care and education day care home, or group early
11 care and education day care home) as a condition of licensure
12 pursuant to this Act shall maintain such information which
13 demonstrates that all current employees and other applicants
14 for employment who have any possible contact with children in
15 the course of their duties have authorized an investigation of
16 the Central Register as hereinabove required. Only those
17 current or prospective employees who will have no possible
18 contact with children as part of their present or prospective
19 employment may be excluded from provisions requiring
20 authorization of an investigation.
21 Such information concerning a license applicant, employee
22 or prospective employee obtained by the Department shall be
23 confidential and exempt from public inspection and copying as
24 provided under Section 7 of The Freedom of Information Act,
25 and such information shall not be transmitted outside the
26 Department, except as provided in the Abused and Neglected
HB3595 Enrolled - 665 - LRB104 08153 BAB 18201 b
1 Child Reporting Act, and shall not be transmitted to anyone
2 within the Department except as provided in the Abused and
3 Neglected Child Reporting Act, and shall not be transmitted to
4 anyone within the Department except as needed for the purposes
5 of evaluation of an application for licensure or for
6 consideration by an early care and education provider a child
7 care facility of an employee. Any employee of the Department
8 of Children and Family Services under this Section who gives
9 or causes to be given any confidential information concerning
10 any child abuse or neglect reports about an early care and
11 education provider a child care facility applicant, early care
12 and education provider child care facility employee, shall be
13 guilty of a Class A misdemeanor, unless release of such
14 information is authorized by Section 11.1 of the Abused and
15 Neglected Child Reporting Act.
16 Additionally, any licensee who is informed by the
17 Department of Children and Family Services, pursuant to
18 Section 7.4 of the Abused and Neglected Child Reporting Act,
19 approved June 26, 1975, as amended, that a formal
20 investigation has commenced relating to an employee of the
21 early care and education provider child care facility or any
22 other person in frequent contact with children at the provider
23 facility, shall take reasonable action necessary to insure
24 that the employee or other person is restricted during the
25 pendency of the investigation from contact with children whose
26 care has been entrusted to the provider facility.
HB3595 Enrolled - 666 - LRB104 08153 BAB 18201 b
1 When a foster family home is the subject of an indicated
2 report under the Abused and Neglected Child Reporting Act, the
3 Department of Children and Family Services must immediately
4 conduct a re-examination of the foster family home to evaluate
5 whether it continues to meet the minimum standards for
6 licensure. The re-examination is separate and apart from the
7 formal investigation of the report. The Department must
8 establish a schedule for re-examination of the foster family
9 home mentioned in the report at least once a year.
10 When a certified relative caregiver home is the subject of
11 an indicated report under the Abused and Neglected Child
12 Reporting Act, the Department shall immediately conduct a
13 re-examination of the certified relative caregiver home to
14 evaluate whether the home remains an appropriate placement or
15 the certified relative caregiver home continues to meet the
16 minimum standards for certification required under Section 3.4
17 of this Act. The re-examination is separate and apart from the
18 formal investigation of the report and shall be completed in
19 the timeframes established by rule.
20 (Source: P.A. 103-594, eff. 7-1-26; 103-1061, eff. 7-1-25.)
21 (225 ILCS 10/4.3a)
22 (This Section may contain text from a Public Act with a
23 delayed effective date)
24 Sec. 4.3a. Child Abuse and Neglect Reports; Department of
25 Early Childhood. All early care and education provider child
HB3595 Enrolled - 667 - LRB104 08153 BAB 18201 b
1 care facility license applicants and all current and
2 prospective employees of an early care and education a day
3 care center, early care and education day care home, or group
4 early care and education day care home who have any possible
5 contact with children in the course of their duties, as a
6 condition of such licensure or employment, shall authorize in
7 writing on a form prescribed by the Department of Early
8 Childhood an investigation of the Central Register, as defined
9 in the Abused and Neglected Child Reporting Act, to ascertain
10 if such applicant or employee has been determined to be a
11 perpetrator in an indicated report of child abuse or neglect.
12 All early care and education providers child care facilities
13 as a condition of licensure pursuant to this Act shall
14 maintain such information which demonstrates that all current
15 employees and other applicants for employment who have any
16 possible contact with children in the course of their duties
17 have authorized an investigation of the Central Register as
18 hereinabove required. Only those current or prospective
19 employees who will have no possible contact with children as
20 part of their present or prospective employment may be
21 excluded from provisions requiring authorization of an
22 investigation. Such information concerning a license
23 applicant, employee or prospective employee obtained by the
24 Department of Early Childhood shall be confidential and exempt
25 from public inspection and copying as provided under Section 7
26 of The Freedom of Information Act, and such information shall
HB3595 Enrolled - 668 - LRB104 08153 BAB 18201 b
1 not be transmitted outside the Department of Early Childhood,
2 except as provided in the Abused and Neglected Child Reporting
3 Act, and shall not be transmitted to anyone within the
4 Department of Early Childhood except as provided in the Abused
5 and Neglected Child Reporting Act, and shall not be
6 transmitted to anyone within the Department of Early Childhood
7 except as needed for the purposes of evaluation of an
8 application for licensure or for consideration by an early
9 care and education provider a child care facility of an
10 employee. Any employee of the Department of Early Childhood
11 under this Section who gives or causes to be given any
12 confidential information concerning any child abuse or neglect
13 reports about an early care and education provider a child
14 care facility applicant or early care and education provider
15 child care facility employee shall be guilty of a Class A
16 misdemeanor, unless release of such information is authorized
17 by Section 11.1 of the Abused and Neglected Child Reporting
18 Act. Additionally, any licensee who is informed by the
19 Department of Children and Family Services, pursuant to
20 Section 7.4 of the Abused and Neglected Child Reporting Act
21 that a formal investigation has commenced relating to an
22 employee of the early care and education provider child care
23 facility or any other person in frequent contact with children
24 at the provider facility shall take reasonable action
25 necessary to ensure that the employee or other person is
26 restricted during the pendency of the investigation from
HB3595 Enrolled - 669 - LRB104 08153 BAB 18201 b
1 contact with children whose care has been entrusted to the
2 provider facility.
3 (Source: P.A. 103-594, eff. 7-1-26.)
4 (225 ILCS 10/4.4) (from Ch. 23, par. 2214.4)
5 (Text of Section before amendment by P.A. 103-594)
6 Sec. 4.4. For the purposes of background investigations
7 authorized in this Act, "license applicant" means the operator
8 or person with direct responsibility for daily operation of
9 the facility to be licensed. In the case of facilities to be
10 operated in a family home, the Department may, by rule,
11 require that other adult residents of that home also authorize
12 such investigations.
13 (Source: P.A. 84-158.)
14 (Text of Section after amendment by P.A. 103-594)
15 Sec. 4.4. This Section does not apply to any early care and
16 education day care center, early care and education day care
17 home, or group early care and education day care home. For the
18 purposes of background investigations authorized in this Act,
19 "license applicant" means the operator or person with direct
20 responsibility for daily operation of the provider facility to
21 be licensed. In the case of providers facilities to be
22 operated in a family home, the Department may, by rule,
23 require that other adult residents of that home also authorize
24 such investigations with the exception of early care and
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1 education day care homes and group early care and education
2 day care homes.
3 (Source: P.A. 103-594, eff. 7-1-26.)
4 (225 ILCS 10/4.4a)
5 (This Section may contain text from a Public Act with a
6 delayed effective date)
7 Sec. 4.4a. Background investigations; Department of Early
8 Childhood. For the purposes of background investigations
9 authorized in this Act, "license applicant" means the operator
10 or person with direct responsibility for daily operation of
11 the early care and education day care center, early care and
12 education day care home, or group early care and education day
13 care home to be licensed. In the case of providers facilities
14 to be operated in a family home, as related to early care and
15 education day care homes and group early care and education
16 day care homes, the Department of Early Childhood may, by
17 rule, require that other adult residents of that home also
18 authorize such investigations.
19 (Source: P.A. 103-594, eff. 7-1-26.)
20 (225 ILCS 10/4.5)
21 (Text of Section before amendment by P.A. 103-594)
22 Sec. 4.5. Children with disabilities; training.
23 (a) An owner or operator of a licensed day care home or
24 group day care home or the onsite executive director of a
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1 licensed day care center must successfully complete a basic
2 training course in providing care to children with
3 disabilities. The basic training course will also be made
4 available on a voluntary basis to those providers who are
5 exempt from the licensure requirements of this Act.
6 (b) The Department of Children and Family Services shall
7 promulgate rules establishing the requirements for basic
8 training in providing care to children with disabilities.
9 (Source: P.A. 92-164, eff. 1-1-02.)
10 (Text of Section after amendment by P.A. 103-594)
11 Sec. 4.5. Children with disabilities; training.
12 (a) An owner or operator of a licensed early care and
13 education day care home or group early care and education day
14 care home or the onsite executive director of a licensed early
15 care and education day care center must successfully complete
16 a basic training course in providing care to children with
17 disabilities. The basic training course will also be made
18 available on a voluntary basis to those providers who are
19 exempt from the licensure requirements of this Act.
20 (b) The Department of Early Childhood shall promulgate
21 rules establishing the requirements for basic training in
22 providing care to children with disabilities.
23 (Source: P.A. 103-594, eff. 7-1-26.)
24 (225 ILCS 10/5) (from Ch. 23, par. 2215)
HB3595 Enrolled - 672 - LRB104 08153 BAB 18201 b
1 (Text of Section before amendment by P.A. 103-594)
2 Sec. 5. (a) In respect to child care institutions,
3 maternity centers, child welfare agencies, day care centers,
4 day care agencies and group homes, the Department, upon
5 receiving application filed in proper order, shall examine the
6 facilities and persons responsible for care of children
7 therein.
8 (b) In respect to foster family and day care homes,
9 applications may be filed on behalf of such homes by a licensed
10 child welfare agency, by a State agency authorized to place
11 children in foster care or by out-of-State agencies approved
12 by the Department to place children in this State. In respect
13 to day care homes, applications may be filed on behalf of such
14 homes by a licensed day care agency or licensed child welfare
15 agency. In applying for license in behalf of a home in which
16 children are placed by and remain under supervision of the
17 applicant agency, such agency shall certify that the home and
18 persons responsible for care of unrelated children therein, or
19 the home and relatives, as defined in Section 2.36 of this Act,
20 responsible for the care of related children therein, were
21 found to be in reasonable compliance with standards prescribed
22 by the Department for the type of care indicated.
23 (c) The Department shall not allow any person to examine
24 facilities under a provision of this Act who has not passed an
25 examination demonstrating that such person is familiar with
26 this Act and with the appropriate standards and regulations of
HB3595 Enrolled - 673 - LRB104 08153 BAB 18201 b
1 the Department.
2 (d) With the exception of day care centers, day care
3 homes, and group day care homes, licenses shall be issued in
4 such form and manner as prescribed by the Department and are
5 valid for 4 years from the date issued, unless revoked by the
6 Department or voluntarily surrendered by the licensee.
7 Licenses issued for day care centers, day care homes, and
8 group day care homes shall be valid for 3 years from the date
9 issued, unless revoked by the Department or voluntarily
10 surrendered by the licensee. When a licensee has made timely
11 and sufficient application for the renewal of a license or a
12 new license with reference to any activity of a continuing
13 nature, the existing license shall continue in full force and
14 effect for up to 30 days until the final agency decision on the
15 application has been made. The Department may further extend
16 the period in which such decision must be made in individual
17 cases for up to 30 days, but such extensions shall be only upon
18 good cause shown.
19 (e) The Department may issue one 6-month permit to a newly
20 established facility for child care to allow that facility
21 reasonable time to become eligible for a full license. If the
22 facility for child care is a foster family home, or day care
23 home the Department may issue one 2-month permit only.
24 (f) The Department may issue an emergency permit to a
25 child care facility taking in children as a result of the
26 temporary closure for more than 2 weeks of a licensed child
HB3595 Enrolled - 674 - LRB104 08153 BAB 18201 b
1 care facility due to a natural disaster. An emergency permit
2 under this subsection shall be issued to a facility only if the
3 persons providing child care services at the facility were
4 employees of the temporarily closed day care center at the
5 time it was closed. No investigation of an employee of a child
6 care facility receiving an emergency permit under this
7 subsection shall be required if that employee has previously
8 been investigated at another child care facility. No emergency
9 permit issued under this subsection shall be valid for more
10 than 90 days after the date of issuance.
11 (g) During the hours of operation of any licensed child
12 care facility, authorized representatives of the Department
13 may without notice visit the facility for the purpose of
14 determining its continuing compliance with this Act or
15 regulations adopted pursuant thereto.
16 (h) Day care centers, day care homes, and group day care
17 homes shall be monitored at least annually by a licensing
18 representative from the Department or the agency that
19 recommended licensure.
20 (Source: P.A. 103-1061, eff. 7-1-25.)
21 (Text of Section after amendment by P.A. 103-594)
22 Sec. 5. (a) This Section does not apply to any early care
23 and education day care center, early care and education day
24 care home, or group early care and education day care home.
25 In respect to early care and education child care
HB3595 Enrolled - 675 - LRB104 08153 BAB 18201 b
1 institutions, maternity centers, child welfare agencies, and
2 group homes, the Department, upon receiving application filed
3 in proper order, shall examine the providers facilities and
4 persons responsible for care of children therein.
5 (b) In respect to foster family homes, applications may be
6 filed on behalf of such homes by a licensed child welfare
7 agency, by a State agency authorized to place children in
8 foster care or by out-of-State agencies approved by the
9 Department to place children in this State. In applying for
10 license in behalf of a home in which children are placed by and
11 remain under supervision of the applicant agency, such agency
12 shall certify that the home and persons responsible for care
13 of unrelated children therein, or the home and relatives, as
14 defined in Section 2.36 of this Act, responsible for the care
15 of related children therein, were found to be in reasonable
16 compliance with standards prescribed by the Department for the
17 type of care indicated.
18 (c) The Department shall not allow any person to examine
19 providers facilities under a provision of this Act who has not
20 passed an examination demonstrating that such person is
21 familiar with this Act and with the appropriate standards and
22 regulations of the Department.
23 (d) Licenses shall be issued in such form and manner as
24 prescribed by the Department and are valid for 4 years from the
25 date issued, unless revoked by the Department or voluntarily
26 surrendered by the licensee. When a licensee has made timely
HB3595 Enrolled - 676 - LRB104 08153 BAB 18201 b
1 and sufficient application for the renewal of a license or a
2 new license with reference to any activity of a continuing
3 nature, the existing license shall continue in full force and
4 effect for up to 30 days until the final agency decision on the
5 application has been made. The Department may further extend
6 the period in which such decision must be made in individual
7 cases for up to 30 days, but such extensions shall be only upon
8 good cause shown.
9 (e) The Department may issue one 6-month permit to a newly
10 established provider facility for early care and education
11 child care to allow that provider facility reasonable time to
12 become eligible for a full license. If the provider facility
13 for early care and education child care is a foster family
14 home, the Department may issue one 2-month permit only.
15 (f) The Department may issue an emergency permit to an
16 early care and education provider a child care facility taking
17 in children as a result of the temporary closure for more than
18 2 weeks of a licensed early care and education provider's
19 location child care facility due to a natural disaster. An
20 emergency permit under this subsection shall be issued to a
21 provider facility only if the persons providing early care and
22 education child care services at the provider facility were
23 employees of the temporarily closed provider facility at the
24 time it was closed. No investigation of an employee of an early
25 care and education provider a child care facility receiving an
26 emergency permit under this subsection shall be required if
HB3595 Enrolled - 677 - LRB104 08153 BAB 18201 b
1 that employee has previously been investigated at another
2 early care and education provider child care facility. No
3 emergency permit issued under this subsection shall be valid
4 for more than 90 days after the date of issuance.
5 (g) During the hours of operation of any licensed early
6 care and education provider's location child care facility,
7 authorized representatives of the Department may without
8 notice visit the provider's location facility for the purpose
9 of determining its continuing compliance with this Act or
10 regulations adopted pursuant thereto.
11 (h) (Blank).
12 (Source: P.A. 103-594, eff. 7-1-26; 103-1061, eff. 7-1-25.)
13 (225 ILCS 10/5.01)
14 (This Section may contain text from a Public Act with a
15 delayed effective date)
16 Sec. 5.01. Licenses; permits; Department of Early
17 Childhood.
18 (a) In respect to early care and education day care
19 centers, the Department of Early Childhood, upon receiving
20 application filed in proper order, shall examine the providers
21 facilities and persons responsible for care of children
22 therein.
23 (b) In respect to early care and education day care homes,
24 applications may be filed on behalf of such homes by the
25 Department of Early Childhood.
HB3595 Enrolled - 678 - LRB104 08153 BAB 18201 b
1 (c) The Department of Early Childhood shall not allow any
2 person to examine providers facilities under a provision of
3 this Act who has not passed an examination demonstrating that
4 such person is familiar with this Act and with the appropriate
5 standards and regulations of the Department of Early
6 Childhood.
7 (d) Licenses issued for early care and education day care
8 centers, early care and education day care homes, and group
9 early care and education day care homes shall be valid for 3
10 years from the date issued, unless revoked by the Department
11 of Early Childhood or voluntarily surrendered by the licensee.
12 When a licensee has made timely and sufficient application for
13 the renewal of a license or a new license with reference to any
14 activity of a continuing nature, the existing license shall
15 continue in full force and effect for up to 30 days until the
16 final agency decision on the application has been made. The
17 Department of Early Childhood may further extend the period in
18 which such decision must be made in individual cases for up to
19 30 days, but such extensions shall be only upon good cause
20 shown.
21 (e) The Department of Early Childhood may issue one
22 6-month permit to a newly established provider facility for
23 early care and education child care to allow that provider
24 facility reasonable time to become eligible for a full
25 license. If the provider facility for early care and education
26 child care is an early care and education a day care home, the
HB3595 Enrolled - 679 - LRB104 08153 BAB 18201 b
1 Department of Early Childhood may issue one 2-month permit
2 only.
3 (f) The Department of Early Childhood may issue an
4 emergency permit to an early care and education a day care
5 center taking in children as a result of the temporary closure
6 for more than 2 weeks of a licensed early care and education
7 provider's location child care facility due to a natural
8 disaster. An emergency permit under this subsection shall be
9 issued to a provider facility only if the persons providing
10 early care and education child care services at the provider
11 facility were employees of the temporarily closed early care
12 and education day care center at the time it was closed. No
13 investigation of an employee of an early care and education
14 provider a child care facility receiving an emergency permit
15 under this subsection shall be required if that employee has
16 previously been investigated at another early care and
17 education provider child care facility. No emergency permit
18 issued under this subsection shall be valid for more than 90
19 days after the date of issuance.
20 (g) During the hours of operation of any licensed early
21 care and education day care center, early care and education
22 day care home, or group early care and education day care home,
23 authorized representatives of the Department of Early
24 Childhood may without notice visit the provider's location
25 facility for the purpose of determining its continuing
26 compliance with this Act or rules adopted pursuant thereto.
HB3595 Enrolled - 680 - LRB104 08153 BAB 18201 b
1 (h) Early care and education Day care centers, early care
2 and education day care homes, and group early care and
3 education day care homes shall be monitored at least annually
4 by a licensing representative from the Department of Early
5 Childhood that recommended licensure.
6 (Source: P.A. 103-594, eff. 7-1-26; 104-417, eff. 8-15-25.)
7 (225 ILCS 10/5.1)
8 (Text of Section before amendment by P.A. 103-594)
9 Sec. 5.1. (a) The Department shall ensure that no day care
10 center, group home, or child care institution as defined in
11 this Act shall on a regular basis transport a child or children
12 with any motor vehicle unless such vehicle is operated by a
13 person who complies with the following requirements:
14 1. is 21 years of age or older;
15 2. currently holds a valid driver's license, which has
16 not been revoked or suspended for one or more traffic
17 violations during the 3 years immediately prior to the
18 date of application;
19 3. demonstrates physical fitness to operate vehicles
20 by submitting the results of a medical examination
21 conducted by a licensed physician;
22 4. has not been convicted of more than 2 offenses
23 against traffic regulations governing the movement of
24 vehicles within a 12-month period;
25 5. has not been convicted of reckless driving or
HB3595 Enrolled - 681 - LRB104 08153 BAB 18201 b
1 driving under the influence or manslaughter or reckless
2 homicide resulting from the operation of a motor vehicle
3 within the past 3 years;
4 6. has signed and submitted a written statement
5 certifying that the person has not, through the unlawful
6 operation of a motor vehicle, caused a crash which
7 resulted in the death of any person within the 5 years
8 immediately prior to the date of application.
9 However, such day care centers, group homes, and child
10 care institutions may provide for transportation of a child or
11 children for special outings, functions, or purposes that are
12 not scheduled on a regular basis without verification that
13 drivers for such purposes meet the requirements of this
14 Section.
15 (a-5) As a means of ensuring compliance with the
16 requirements set forth in subsection (a), the Department shall
17 implement appropriate measures to verify that every individual
18 who is employed at a group home or child care institution meets
19 those requirements.
20 For every person employed at a group home or child care
21 institution who regularly transports children in the course of
22 performing the person's duties, the Department must make the
23 verification every 2 years. Upon the Department's request, the
24 Secretary of State shall provide the Department with the
25 information necessary to enable the Department to make the
26 verifications required under subsection (a).
HB3595 Enrolled - 682 - LRB104 08153 BAB 18201 b
1 In the case of an individual employed at a group home or
2 child care institution who becomes subject to subsection (a)
3 for the first time after January 1, 2007 (the effective date of
4 Public Act 94-943), the Department must make that verification
5 with the Secretary of State before the individual operates a
6 motor vehicle to transport a child or children under the
7 circumstances described in subsection (a).
8 In the case of an individual employed at a group home or
9 child care institution who is subject to subsection (a) on
10 January 1, 2007 (the effective date of Public Act 94-943), the
11 Department must make that verification with the Secretary of
12 State within 30 days after January 1, 2007.
13 If the Department discovers that an individual fails to
14 meet the requirements set forth in subsection (a), the
15 Department shall promptly notify the appropriate group home or
16 child care institution.
17 (b) Any individual who holds a valid Illinois school bus
18 driver permit issued by the Secretary of State pursuant to the
19 Illinois Vehicle Code, and who is currently employed by a
20 school district or parochial school, or by a contractor with a
21 school district or parochial school, to drive a school bus
22 transporting children to and from school, shall be deemed in
23 compliance with the requirements of subsection (a).
24 (c) The Department may, pursuant to Section 8 of this Act,
25 revoke the license of any day care center, group home, or child
26 care institution that fails to meet the requirements of this
HB3595 Enrolled - 683 - LRB104 08153 BAB 18201 b
1 Section.
2 (d) A group home or child care institution that fails to
3 meet the requirements of this Section is guilty of a petty
4 offense and is subject to a fine of not more than $1,000. Each
5 day that a group home or child care institution fails to meet
6 the requirements of this Section is a separate offense.
7 (Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23;
8 103-605, eff. 7-1-24; 104-417, eff. 8-15-25.)
9 (Text of Section after amendment by P.A. 103-594)
10 Sec. 5.1. (a) The Department shall ensure that no group
11 home or early care and education child care institution as
12 defined in this Act shall on a regular basis transport a child
13 or children with any motor vehicle unless such vehicle is
14 operated by a person who complies with the following
15 requirements:
16 1. is 21 years of age or older;
17 2. currently holds a valid driver's license, which has
18 not been revoked or suspended for one or more traffic
19 violations during the 3 years immediately prior to the
20 date of application;
21 3. demonstrates physical fitness to operate vehicles
22 by submitting the results of a medical examination
23 conducted by a licensed physician;
24 4. has not been convicted of more than 2 offenses
25 against traffic regulations governing the movement of
HB3595 Enrolled - 684 - LRB104 08153 BAB 18201 b
1 vehicles within a 12-month period;
2 5. has not been convicted of reckless driving or
3 driving under the influence or manslaughter or reckless
4 homicide resulting from the operation of a motor vehicle
5 within the past 3 years;
6 6. has signed and submitted a written statement
7 certifying that the person has not, through the unlawful
8 operation of a motor vehicle, caused a crash which
9 resulted in the death of any person within the 5 years
10 immediately prior to the date of application.
11 However, such group homes and early care and education
12 child care institutions may provide for transportation of a
13 child or children for special outings, functions, or purposes
14 that are not scheduled on a regular basis without verification
15 that drivers for such purposes meet the requirements of this
16 Section.
17 (a-5) As a means of ensuring compliance with the
18 requirements set forth in subsection (a), the Department shall
19 implement appropriate measures to verify that every individual
20 who is employed at a group home or early care and education
21 child care institution meets those requirements.
22 For every person employed at a group home or early care and
23 education child care institution who regularly transports
24 children in the course of performing the person's duties, the
25 Department must make the verification every 2 years. Upon the
26 Department's request, the Secretary of State shall provide the
HB3595 Enrolled - 685 - LRB104 08153 BAB 18201 b
1 Department with the information necessary to enable the
2 Department to make the verifications required under subsection
3 (a).
4 In the case of an individual employed at a group home or
5 early care and education child care institution who becomes
6 subject to subsection (a) for the first time after January 1,
7 2007 (the effective date of Public Act 94-943), the Department
8 must make that verification with the Secretary of State before
9 the individual operates a motor vehicle to transport a child
10 or children under the circumstances described in subsection
11 (a).
12 In the case of an individual employed at a group home or
13 early care and education child care institution who is subject
14 to subsection (a) on January 1, 2007 (the effective date of
15 Public Act 94-943), the Department must make that verification
16 with the Secretary of State within 30 days after January 1,
17 2007.
18 If the Department discovers that an individual fails to
19 meet the requirements set forth in subsection (a), the
20 Department shall promptly notify the appropriate group home or
21 early care and education child care institution.
22 (b) Any individual who holds a valid Illinois school bus
23 driver permit issued by the Secretary of State pursuant to the
24 Illinois Vehicle Code, and who is currently employed by a
25 school district or parochial school, or by a contractor with a
26 school district or parochial school, to drive a school bus
HB3595 Enrolled - 686 - LRB104 08153 BAB 18201 b
1 transporting children to and from school, shall be deemed in
2 compliance with the requirements of subsection (a).
3 (c) The Department may, pursuant to Section 8 of this Act,
4 revoke the license of any group home or early care and
5 education child care institution that fails to meet the
6 requirements of this Section.
7 (d) A group home or early care and education child care
8 institution that fails to meet the requirements of this
9 Section is guilty of a petty offense and is subject to a fine
10 of not more than $1,000. Each day that a group home or early
11 care and education child care institution fails to meet the
12 requirements of this Section is a separate offense.
13 (Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26;
14 103-605, eff. 7-1-24; 104-417, eff. 8-15-25.)
15 (225 ILCS 10/5.1a)
16 (This Section may contain text from a Public Act with a
17 delayed effective date)
18 Sec. 5.1a. Transportation of children; early care and
19 education day care centers. The Department of Early Childhood
20 shall ensure that no early care and education day care center
21 shall on a regular basis transport a child or children with any
22 motor vehicle unless such vehicle is operated by a person who
23 complies with the following requirements:
24 (1) is 21 years of age or older;
25 (2) currently holds a valid driver's license, which
HB3595 Enrolled - 687 - LRB104 08153 BAB 18201 b
1 has not been revoked or suspended for one or more traffic
2 violations during the 3 years immediately prior to the
3 date of application;
4 (3) demonstrates physical fitness to operate vehicles
5 by submitting the results of a medical examination
6 conducted by a licensed physician;
7 (4) has not been convicted of more than 2 offenses
8 against traffic regulations governing the movement of
9 vehicles within a 12-month period;
10 (5) has not been convicted of reckless driving or
11 driving under the influence or manslaughter or reckless
12 homicide resulting from the operation of a motor vehicle
13 within the past 3 years;
14 (6) has signed and submitted a written statement
15 certifying that the person has not, through the unlawful
16 operation of a motor vehicle, caused a crash which
17 resulted in the death of any person within the 5 years
18 immediately prior to the date of application.
19 However, such early care and education day care centers
20 may provide for transportation of a child or children for
21 special outings, functions or purposes that are not scheduled
22 on a regular basis without verification that drivers for such
23 purposes meet the requirements of this Section.
24 (b) Any individual who holds a valid Illinois school bus
25 driver permit issued by the Secretary of State pursuant to the
26 Illinois Vehicle Code, and who is currently employed by a
HB3595 Enrolled - 688 - LRB104 08153 BAB 18201 b
1 school district or parochial school, or by a contractor with a
2 school district or parochial school, to drive a school bus
3 transporting children to and from school, shall be deemed in
4 compliance with the requirements of subsection (a).
5 (c) The Department of Early Childhood may, pursuant to
6 Section 8a of this Act, revoke the license of any early care
7 and education day care center that fails to meet the
8 requirements of this Section.
9 (Source: P.A. 103-594, eff. 7-1-26.)
10 (225 ILCS 10/5.2)
11 (Text of Section before amendment by P.A. 103-594)
12 Sec. 5.2. Unsafe children's products.
13 (a) A child care facility may not use or have on the
14 premises, on or after July 1, 2000, an unsafe children's
15 product as described in Section 15 of the Children's Product
16 Safety Act. This subsection (a) does not apply to an antique or
17 collectible children's product if it is not used by, or
18 accessible to, any child in the child care facility.
19 (b) The Department of Children and Family Services shall
20 notify child care facilities, on an ongoing basis, including
21 during the license application facility examination and during
22 annual license monitoring visits, of the provisions of this
23 Section and the Children's Product Safety Act and of the
24 comprehensive list of unsafe children's products as provided
25 and maintained by the Department of Public Health available on
HB3595 Enrolled - 689 - LRB104 08153 BAB 18201 b
1 the Internet, as determined in accordance with that Act, in
2 plain, non-technical language that will enable each child care
3 facility to effectively inspect children's products and
4 identify unsafe children's products. Subject to availability
5 of appropriations, the Department of Children and Family
6 Services, in accordance with the requirements of this Section,
7 shall establish and maintain a database on the safety of
8 consumer products and other products or substances regulated
9 by the Department that is: (i) publicly available; (ii)
10 searchable; and (iii) accessible through the Internet website
11 of the Department. Child care facilities must maintain all
12 written information provided pursuant to this subsection in a
13 file accessible to both facility staff and parents of children
14 attending the facility. Child care facilities must post in
15 prominent locations regularly visited by parents written
16 notification of the existence of the comprehensive list of
17 unsafe children's products available on the Internet. The
18 Department of Children and Family Services shall adopt rules
19 to carry out this Section.
20 (Source: P.A. 103-44, eff. 1-1-24.)
21 (Text of Section after amendment by P.A. 103-594)
22 Sec. 5.2. Unsafe children's products; Department of
23 Children and Family Services.
24 (a) An early care and education provider A child care
25 facility may not use or have on its the premises, on or after
HB3595 Enrolled - 690 - LRB104 08153 BAB 18201 b
1 July 1, 2000, an unsafe children's product as described in
2 Section 15 of the Children's Product Safety Act. This
3 subsection (a) does not apply to an antique or collectible
4 children's product if it is not used by, or accessible to, any
5 child on in the early care and education provider's premises
6 child care facility.
7 (b) The Department of Children and Family Services shall
8 notify early care and education providers child care
9 facilities (other than an early care and education a day care
10 center, early care and education day care home, or group early
11 care and education day care home), on an ongoing basis,
12 including during the license application provider facility
13 examination and during annual license monitoring visits, of
14 the provisions of this Section and the Children's Product
15 Safety Act and of the comprehensive list of unsafe children's
16 products as provided and maintained by the Department of
17 Public Health available on the Internet, as determined in
18 accordance with that Act, in plain, non-technical language
19 that will enable each early care and education provider child
20 care facility to effectively inspect children's products and
21 identify unsafe children's products. Subject to availability
22 of appropriations, the Department of Children and Family
23 Services, in accordance with the requirements of this Section,
24 shall establish and maintain a database on the safety of
25 consumer products and other products or substances regulated
26 by the Department that is: (i) publicly available; (ii)
HB3595 Enrolled - 691 - LRB104 08153 BAB 18201 b
1 searchable; and (iii) accessible through the Internet website
2 of the Department. Early care and education providers Child
3 care facilities must maintain all written information provided
4 pursuant to this subsection in a file accessible to both
5 provider facility staff and parents of children attending the
6 provider. Early care and education providers facility. Child
7 care facilities must post in prominent locations regularly
8 visited by parents written notification of the existence of
9 the comprehensive list of unsafe children's products available
10 on the Internet. The Department of Children and Family
11 Services shall adopt rules to carry out this Section.
12 (Source: P.A. 103-44, eff. 1-1-24; 103-594, eff. 7-1-26.)
13 (225 ILCS 10/5.2a)
14 (This Section may contain text from a Public Act with a
15 delayed effective date)
16 Sec. 5.2a. Unsafe children's products; Department of Early
17 Childhood.
18 (a) An early care and education A day care center, early
19 care and education day care home, or group early care and
20 education day care home may not use or have on the premises an
21 unsafe children's product as described in Section 15 of the
22 Children's Product Safety Act. This subsection (a) does not
23 apply to an antique or collectible children's product if it is
24 not used by, or accessible to, any child in the early care and
25 education day care center, early care and education day care
HB3595 Enrolled - 692 - LRB104 08153 BAB 18201 b
1 home, or group early care and education day care home.
2 (b) The Department of Early Childhood shall notify early
3 care and education day care centers, early care and education
4 day care homes, and group early care and education day care
5 homes, on an ongoing basis, including during the license
6 application provider facility examination and during annual
7 license monitoring visits, of the provisions of this Section
8 and the Children's Product Safety Act and of the comprehensive
9 list of unsafe children's products as provided and maintained
10 by the Department of Public Health available on the Internet,
11 as determined in accordance with that Act, in plain,
12 non-technical language that will enable each early care and
13 education provider child care facility to effectively inspect
14 children's products and identify unsafe children's products.
15 Subject to availability of appropriations, the Department of
16 Early Childhood, in accordance with the requirements of this
17 Section, shall establish and maintain a database on the safety
18 of consumer products and other products or substances
19 regulated by the Department of Early Childhood that is: (i)
20 publicly available; (ii) searchable; and (iii) accessible
21 through the Internet website of the Department of Early
22 Childhood. Early care and education providers Child care
23 facilities must maintain all written information provided
24 pursuant to this subsection in a file accessible to both
25 provider facility staff and parents of children attending the
26 provider. Early care and education facility. Day care centers,
HB3595 Enrolled - 693 - LRB104 08153 BAB 18201 b
1 early care and education day care homes, and group early care
2 and education day care homes must post in prominent locations
3 regularly visited by parents written notification of the
4 existence of the comprehensive list of unsafe children's
5 products available on the Internet. The Department of Early
6 Childhood shall adopt rules to carry out this Section.
7 (Source: P.A. 103-594, eff. 7-1-26.)
8 (225 ILCS 10/5.3)
9 Sec. 5.3. Lunches in early care and education day care
10 homes. In order to increase the affordability and availability
11 of early care and education day care, an early care and
12 education a day care home licensed under this Act may allow any
13 child it receives to bring the child's lunch for consumption
14 instead of or in addition to the lunch provided by the early
15 care and education day care home.
16 (Source: P.A. 103-22, eff. 8-8-23.)
17 (225 ILCS 10/5.5)
18 Sec. 5.5. Smoking in early care and education providers
19 day care facilities.
20 (a) The General Assembly finds and declares that:
21 (1) The U.S. government has determined that secondhand
22 tobacco smoke is a major threat to public health for which
23 there is no safe level of exposure.
24 (2) The U.S. Environmental Protection Agency recently
HB3595 Enrolled - 694 - LRB104 08153 BAB 18201 b
1 classified secondhand tobacco smoke a Class A carcinogen,
2 ranking it with substances such as asbestos and benzene.
3 (3) According to U.S. government figures, secondhand
4 tobacco smoke is linked to the lung-cancer deaths of an
5 estimated 3,000 nonsmokers per year.
6 (4) Cigarette smoke is a special risk to children,
7 causing between 150,000 and 300,000 respiratory infections
8 each year in children under 18 months old, and endangering
9 between 200,000 and one million children with asthma.
10 (5) The health of the children of this State should
11 not be compromised by needless exposure to secondhand
12 tobacco smoke.
13 (b) It is a violation of this Act for any person to smoke
14 tobacco in any area of an early care and education a day care
15 center.
16 (c) It is a violation of this Act for any person to smoke
17 tobacco in any area of an early care and education a day care
18 home or group early care and education day care home.
19 (d) It is a violation of this Act for any person
20 responsible for the operation of an early care and education a
21 day care center, early care and education day care home, or
22 group early care and education day care home to knowingly
23 allow or encourage any violation of subsection (b) or (c) of
24 this Section.
25 (Source: P.A. 99-343, eff. 8-11-15.)
HB3595 Enrolled - 695 - LRB104 08153 BAB 18201 b
1 (225 ILCS 10/5.6)
2 Sec. 5.6. Pesticide and lawn care product application at
3 early care and education day care centers.
4 (a) Licensed early care and education day care centers
5 shall abide by the requirements of Sections 10.2 and 10.3 of
6 the Structural Pest Control Act.
7 (b) Notification required pursuant to Section 10.3 of the
8 Structural Pest Control Act may not be given more than 30 days
9 before the application of the pesticide.
10 (c) Each licensed early care and education day care
11 center, subject to the requirements of Section 10.3 of the
12 Structural Pest Control Act, must ensure that pesticides will
13 not be applied when children are present at the center. Toys
14 and other items mouthed or handled by the children must be
15 removed from the area before pesticides are applied. Children
16 must not return to the treated area within 2 hours after a
17 pesticide application or as specified on the pesticide label,
18 whichever time is greater.
19 (d) The owners and operators of licensed early care and
20 education day care centers must ensure that lawn care products
21 will not be applied to early care and education day care center
22 grounds when children are present at the center or on its
23 grounds. For the purpose of this Section, "lawn care product"
24 has the same meaning as that term is defined in the Lawn Care
25 Products Application and Notice Act.
26 (Source: P.A. 96-424, eff. 8-13-09.)
HB3595 Enrolled - 696 - LRB104 08153 BAB 18201 b
1 (225 ILCS 10/5.8)
2 (Text of Section before amendment by P.A. 103-594)
3 Sec. 5.8. Radon testing of licensed day care centers,
4 licensed day care homes, and licensed group day care homes.
5 (a) Effective January 1, 2013, licensed day care centers,
6 licensed day care homes, and licensed group day care homes
7 shall have the facility tested for radon at least once every 3
8 years pursuant to rules established by the Illinois Emergency
9 Management Agency.
10 (b) Effective January 1, 2014, as part of an initial
11 application or application for renewal of a license for day
12 care centers, day care homes, and group day care homes, the
13 Department shall require proof the facility has been tested
14 within the last 3 years for radon pursuant to rules
15 established by the Illinois Emergency Management Agency.
16 (c) The report of the most current radon measurement shall
17 be posted in the facility next to the license issued by the
18 Department. Copies of the report shall be provided to parents
19 or guardians upon request.
20 (d) Included with the report referenced in subsection (c)
21 shall be the following statement:
22 "Every parent or guardian is notified that this
23 facility has performed radon measurements to ensure the
24 health and safety of the occupants. The Illinois Emergency
25 Management Agency (IEMA) recommends that all residential
HB3595 Enrolled - 697 - LRB104 08153 BAB 18201 b
1 homes be tested and that corrective actions be taken at
2 levels equal to or greater than 4.0 pCi/L. Radon is a Class
3 A human carcinogen, the leading cause of lung cancer in
4 non-smokers, and the second leading cause of lung cancer
5 overall. For additional information about this facility
6 contact the licensee and for additional information
7 regarding radon contact the IEMA Radon Program at
8 800-325-1245 or on the Internet at
9 www.radon.illinois.gov.".
10 (Source: P.A. 97-981, eff. 1-1-13.)
11 (Text of Section after amendment by P.A. 103-594)
12 Sec. 5.8. Radon testing of licensed early care and
13 education day care centers, licensed early care and education
14 day care homes, and licensed group early care and education
15 day care homes.
16 (a) Licensed early care and education day care centers,
17 licensed early care and education day care homes, and licensed
18 group early care and education day care homes shall have the
19 provider facility tested for radon at least once every 3 years
20 pursuant to rules established by the Illinois Emergency
21 Management Agency.
22 (b) As part of an initial application or application for
23 renewal of a license for early care and education day care
24 centers, early care and education day care homes, and group
25 early care and education day care homes, the Department of
HB3595 Enrolled - 698 - LRB104 08153 BAB 18201 b
1 Early Childhood shall require proof the provider facility has
2 been tested within the last 3 years for radon pursuant to rules
3 established by the Illinois Emergency Management Agency.
4 (c) The report of the most current radon measurement shall
5 be posted in the location facility next to the license issued
6 by the Department of Early Childhood. Copies of the report
7 shall be provided to parents or guardians upon request.
8 (d) Included with the report referenced in subsection (c)
9 shall be the following statement:
10 "Every parent or guardian is notified that this
11 facility has performed radon measurements to ensure the
12 health and safety of the occupants. The Illinois Emergency
13 Management Agency (IEMA) recommends that all residential
14 homes be tested and that corrective actions be taken at
15 levels equal to or greater than 4.0 pCi/L. Radon is a Class
16 A human carcinogen, the leading cause of lung cancer in
17 non-smokers, and the second leading cause of lung cancer
18 overall. For additional information about this facility
19 contact the licensee and for additional information
20 regarding radon contact the IEMA Radon Program at
21 800-325-1245 or on the Internet at
22 www.radon.illinois.gov.".
23 (Source: P.A. 103-594, eff. 7-1-26.)
24 (225 ILCS 10/5.9)
25 (Text of Section before amendment by P.A. 103-594)
HB3595 Enrolled - 699 - LRB104 08153 BAB 18201 b
1 Sec. 5.9. Lead testing of water in licensed day care
2 centers, day care homes and group day care homes.
3 (a) On or before January 1, 2018, the Department, in
4 consultation with the Department of Public Health, shall adopt
5 rules that prescribe the procedures and standards to be used
6 by the Department in assessing levels of lead in water in
7 licensed day care centers, day care homes, and group day care
8 homes constructed on or before January 1, 2000 that serve
9 children under the age of 6. Such rules shall, at a minimum,
10 include provisions regarding testing parameters, the
11 notification of sampling results, training requirements for
12 lead exposure and mitigation.
13 (b) After adoption of the rules required by subsection
14 (a), and as part of an initial application or application for
15 renewal of a license for day care centers, day care homes, and
16 group day care homes, the Department shall require proof that
17 the applicant has complied with all such rules.
18 (Source: P.A. 99-922, eff. 1-17-17.)
19 (Text of Section after amendment by P.A. 103-594)
20 Sec. 5.9. Lead testing of water in licensed early care and
21 education day care centers, early care and education day care
22 homes and group early care and education day care homes.
23 (a) The Department of Early Childhood, in consultation
24 with the Department of Public Health, shall adopt rules that
25 prescribe the procedures and standards to be used by the
HB3595 Enrolled - 700 - LRB104 08153 BAB 18201 b
1 Department of Early Childhood in assessing levels of lead in
2 water in licensed early care and education day care centers,
3 early care and education day care homes, and group early care
4 and education day care homes constructed on or before January
5 1, 2000 that serve children under the age of 6. Such rules
6 shall, at a minimum, include provisions regarding testing
7 parameters, the notification of sampling results, training
8 requirements for lead exposure and mitigation.
9 (b) After adoption of the rules required by subsection
10 (a), and as part of an initial application or application for
11 renewal of a license for early care and education day care
12 centers, early care and education day care homes, and group
13 early care and education day care homes, the Department shall
14 require proof that the applicant has complied with all such
15 rules.
16 (Source: P.A. 103-594, eff. 7-1-26.)
17 (225 ILCS 10/5.10)
18 (Text of Section before amendment by P.A. 103-594)
19 Sec. 5.10. Child care limitation on expulsions. Consistent
20 with the purposes of this amendatory Act of the 100th General
21 Assembly and the requirements therein under paragraph (7) of
22 subsection (a) of Section 2-3.71 of the School Code, the
23 Department, in consultation with the Governor's Office of
24 Early Childhood Development and the State Board of Education,
25 shall adopt rules prohibiting the use of expulsion due to a
HB3595 Enrolled - 701 - LRB104 08153 BAB 18201 b
1 child's persistent and serious challenging behaviors in
2 licensed day care centers, day care homes, and group day care
3 homes. The rulemaking shall address, at a minimum,
4 requirements for licensees to establish intervention and
5 transition policies, notify parents of policies, document
6 intervention steps, and collect and report data on children
7 transitioning out of the program.
8 (Source: P.A. 100-105, eff. 1-1-18.)
9 (Text of Section after amendment by P.A. 103-594)
10 Sec. 5.10. Early care and education Child care limitation
11 on expulsions. Consistent with the purposes of Public Act
12 100-105 and the requirements therein under paragraph (7) of
13 subsection (a) of Section 2-3.71 of the School Code, the
14 Department of Early Childhood, in consultation with the State
15 Board of Education, shall adopt rules prohibiting the use of
16 expulsion due to a child's persistent and serious challenging
17 behaviors in licensed early care and education day care
18 centers, early care and education day care homes, and group
19 early care and education day care homes. The rulemaking shall
20 address, at a minimum, requirements for licensees to establish
21 intervention and transition policies, notify parents of
22 policies, document intervention steps, and collect and report
23 data on children transitioning out of the program.
24 (Source: P.A. 103-594, eff. 7-1-26.)
HB3595 Enrolled - 702 - LRB104 08153 BAB 18201 b
1 (225 ILCS 10/5.11)
2 (Text of Section before amendment by P.A. 103-594)
3 Sec. 5.11. Plan for anaphylactic shock. The Department
4 shall require each licensed day care center, day care home,
5 and group day care home to have a plan for anaphylactic shock
6 to be followed for the prevention of anaphylaxis and during a
7 medical emergency resulting from anaphylaxis. The plan should
8 be based on the guidance and recommendations provided by the
9 American Academy of Pediatrics relating to the management of
10 food allergies or other allergies. The plan should be shared
11 with parents or guardians upon enrollment at each licensed day
12 care center, day care home, and group day care home. If a child
13 requires specific specialized treatment during an episode of
14 anaphylaxis, that child's treatment plan should be kept by the
15 staff of the day care center, day care home, or group day care
16 home and followed in the event of an emergency. Each licensed
17 day care center, day care home, and group day care home shall
18 have at least one staff member present at all times who has
19 taken a training course in recognizing and responding to
20 anaphylaxis.
21 (Source: P.A. 102-413, eff. 8-20-21.)
22 (Text of Section after amendment by P.A. 103-594)
23 Sec. 5.11. Plan for anaphylactic shock. The Department of
24 Early Childhood shall require each licensed early care and
25 education day care center, early care and education day care
HB3595 Enrolled - 703 - LRB104 08153 BAB 18201 b
1 home, and group early care and education day care home to have
2 a plan for anaphylactic shock to be followed for the
3 prevention of anaphylaxis and during a medical emergency
4 resulting from anaphylaxis. The plan should be based on the
5 guidance and recommendations provided by the American Academy
6 of Pediatrics relating to the management of food allergies or
7 other allergies. The plan should be shared with parents or
8 guardians upon enrollment at each licensed early care and
9 education day care center, early care and education day care
10 home, and group early care and education day care home. If a
11 child requires specific specialized treatment during an
12 episode of anaphylaxis, that child's treatment plan should be
13 kept by the staff of the early care and education day care
14 center, early care and education day care home, or group early
15 care and education day care home and followed in the event of
16 an emergency. Each licensed early care and education day care
17 center, early care and education day care home, and group
18 early care and education day care home shall have at least one
19 staff member present at all times who has taken a training
20 course in recognizing and responding to anaphylaxis.
21 (Source: P.A. 102-413, eff. 8-20-21; 103-594, eff. 7-1-26.)
22 (225 ILCS 10/5.12)
23 Sec. 5.12. Early care and education Day care centers
24 operating hours. An early care and education A day care center
25 may operate for 24 hours or longer and may provide care for a
HB3595 Enrolled - 704 - LRB104 08153 BAB 18201 b
1 child for a period of up to 12 hours if the parent or guardian
2 of the child is employed in a position that requires regularly
3 scheduled shifts and an 8-hour a 10-hour period elapses
4 between early care and education day care visits. The
5 Department shall adopt rules necessary to implement and
6 administer this Section.
7 (Source: P.A. 103-952, eff. 1-1-25.)
8 (225 ILCS 10/6) (from Ch. 23, par. 2216)
9 (Text of Section before amendment by P.A. 103-594)
10 Sec. 6. (a) A licensed facility operating as a "child care
11 institution", "maternity center", "child welfare agency", "day
12 care agency" or "day care center" must apply for renewal of its
13 license held, the application to be made to the Department on
14 forms prescribed by it.
15 (b) The Department, a duly licensed child welfare agency
16 or a suitable agency or person designated by the Department as
17 its agent to do so, must re-examine every child care facility
18 for renewal of license, including in that process the
19 examination of the premises and records of the facility as the
20 Department considers necessary to determine that minimum
21 standards for licensing continue to be met, and random surveys
22 of parents or legal guardians who are consumers of such
23 facilities' services to assess the quality of care at such
24 facilities. In the case of foster family homes, or day care
25 homes under the supervision of or otherwise required to be
HB3595 Enrolled - 705 - LRB104 08153 BAB 18201 b
1 licensed by the Department, or under supervision of a licensed
2 child welfare agency or day care agency, the examination shall
3 be made by the Department, or agency supervising such homes.
4 If the Department is satisfied that the facility continues to
5 maintain minimum standards which it prescribes and publishes,
6 it shall renew the license to operate the facility.
7 (b-5) In the case of a quality of care concerns applicant
8 as defined in Section 2.22a of this Act, in addition to the
9 examination required in subsection (b) of this Section, the
10 Department shall not renew the license of a quality of care
11 concerns applicant unless the Department is satisfied that the
12 foster family home does not pose a risk to children and that
13 the foster family home will be able to meet the physical and
14 emotional needs of children. In making this determination, the
15 Department must obtain and carefully review all relevant
16 documents and shall obtain consultation from its Clinical
17 Division as appropriate and as prescribed by Department rule
18 and procedure. The Department has the authority to deny an
19 application for renewal based on a record of quality of care
20 concerns. In the alternative, the Department may (i) approve
21 the application for renewal subject to obtaining additional
22 information or assessments, (ii) approve the application for
23 renewal for purposes of placing or maintaining only a
24 particular child or children only in the foster home, or (iii)
25 approve the application for renewal. The Department shall
26 notify the quality of care concerns applicant of its decision
HB3595 Enrolled - 706 - LRB104 08153 BAB 18201 b
1 and the basis for its decision in writing.
2 (c) If a child care facility's license, other than a
3 license for a foster family home, is revoked, or if the
4 Department refuses to renew a facility's license, the facility
5 may not reapply for a license before the expiration of 12
6 months following the Department's action; provided, however,
7 that the denial of a reapplication for a license pursuant to
8 this subsection must be supported by evidence that the prior
9 revocation renders the applicant unqualified or incapable of
10 satisfying the standards and rules promulgated by the
11 Department pursuant to this Act or maintaining a facility
12 which adheres to such standards and rules.
13 (d) If a foster family home license (i) is revoked, (ii) is
14 surrendered for cause, or (iii) expires or is surrendered with
15 either certain types of involuntary placement holds in place
16 or while a licensing or child abuse or neglect investigation
17 is pending, or if the Department refuses to renew a foster home
18 license, the foster home may not reapply for a license before
19 the expiration of 5 years following the Department's action or
20 following the expiration or surrender of the license.
21 (Source: P.A. 99-779, eff. 1-1-17.)
22 (Text of Section after amendment by P.A. 103-594)
23 Sec. 6. (a) A licensed provider facility operating as an
24 "early care and education a "child care institution",
25 "maternity center", or "child welfare agency", must apply for
HB3595 Enrolled - 707 - LRB104 08153 BAB 18201 b
1 renewal of its license held, the application to be made to the
2 Department on forms prescribed by it.
3 (b) The Department, a duly licensed child welfare agency
4 or a suitable agency or person designated by the Department as
5 its agent to do so, must re-examine every early care and
6 education provider child care facility for renewal of license,
7 including in that process the examination of the premises and
8 records of the provider facility as the Department considers
9 necessary to determine that minimum standards for licensing
10 continue to be met, and random surveys of parents or legal
11 guardians who are consumers of such providers' facilities'
12 services to assess the quality of care at such providers
13 facilities. In the case of foster family homes, the
14 examination shall be made by the Department, or agency
15 supervising such homes. If the Department is satisfied that
16 the provider facility continues to maintain minimum standards
17 which it prescribes and publishes, it shall renew the license
18 to operate the provider facility.
19 (b-5) In the case of a quality of care concerns applicant
20 as defined in Section 2.22a of this Act, in addition to the
21 examination required in subsection (b) of this Section, the
22 Department shall not renew the license of a quality of care
23 concerns applicant unless the Department is satisfied that the
24 foster family home does not pose a risk to children and that
25 the foster family home will be able to meet the physical and
26 emotional needs of children. In making this determination, the
HB3595 Enrolled - 708 - LRB104 08153 BAB 18201 b
1 Department must obtain and carefully review all relevant
2 documents and shall obtain consultation from its Clinical
3 Division as appropriate and as prescribed by Department rule
4 and procedure. The Department has the authority to deny an
5 application for renewal based on a record of quality of care
6 concerns. In the alternative, the Department may (i) approve
7 the application for renewal subject to obtaining additional
8 information or assessments, (ii) approve the application for
9 renewal for purposes of placing or maintaining only a
10 particular child or children only in the foster home, or (iii)
11 approve the application for renewal. The Department shall
12 notify the quality of care concerns applicant of its decision
13 and the basis for its decision in writing.
14 (c) If an early care and education provider's a child care
15 facility's (other than an early care and education a day care
16 center, early care and education day care home, or group early
17 care and education day care home) license, other than a
18 license for a foster family home, is revoked, or if the
19 Department refuses to renew a provider's facility's license,
20 the provider facility may not reapply for a license before the
21 expiration of 12 months following the Department's action;
22 provided, however, that the denial of a reapplication for a
23 license pursuant to this subsection must be supported by
24 evidence that the prior revocation renders the applicant
25 unqualified or incapable of satisfying the standards and rules
26 promulgated by the Department pursuant to this Act or
HB3595 Enrolled - 709 - LRB104 08153 BAB 18201 b
1 maintaining a provider facility which adheres to such
2 standards and rules.
3 (d) If a foster family home license (i) is revoked, (ii) is
4 surrendered for cause, or (iii) expires or is surrendered with
5 either certain types of involuntary placement holds in place
6 or while a licensing or child abuse or neglect investigation
7 is pending, or if the Department refuses to renew a foster home
8 license, the foster home may not reapply for a license before
9 the expiration of 5 years following the Department's action or
10 following the expiration or surrender of the license.
11 (Source: P.A. 103-594, eff. 7-1-26.)
12 (225 ILCS 10/7) (from Ch. 23, par. 2217)
13 (Text of Section before amendment by P.A. 103-594)
14 Sec. 7. (a) The Department must prescribe and publish
15 minimum standards for licensing that apply to the various
16 types of facilities for child care defined in this Act and that
17 are equally applicable to like institutions under the control
18 of the Department and to foster family homes used by and under
19 the direct supervision of the Department. The Department shall
20 seek the advice and assistance of persons representative of
21 the various types of child care facilities in establishing
22 such standards. The standards prescribed and published under
23 this Act take effect as provided in the Illinois
24 Administrative Procedure Act, and are restricted to
25 regulations pertaining to the following matters and to any
HB3595 Enrolled - 710 - LRB104 08153 BAB 18201 b
1 rules and regulations required or permitted by any other
2 Section of this Act:
3 (1) The operation and conduct of the facility and
4 responsibility it assumes for child care;
5 (2) The character, suitability and qualifications of
6 the applicant and other persons directly responsible for
7 the care and welfare of children served. All child day
8 care center licensees and employees who are required to
9 report child abuse or neglect under the Abused and
10 Neglected Child Reporting Act shall be required to attend
11 training on recognizing child abuse and neglect, as
12 prescribed by Department rules;
13 (3) The general financial ability and competence of
14 the applicant to provide necessary care for children and
15 to maintain prescribed standards;
16 (4) The number of individuals or staff required to
17 insure adequate supervision and care of the children
18 received. The standards shall provide that each child care
19 institution, maternity center, day care center, group
20 home, day care home, and group day care home shall have on
21 its premises during its hours of operation at least one
22 staff member certified in first aid, in the Heimlich
23 maneuver and in cardiopulmonary resuscitation by the
24 American Red Cross or other organization approved by rule
25 of the Department. Child welfare agencies shall not be
26 subject to such a staffing requirement. The Department may
HB3595 Enrolled - 711 - LRB104 08153 BAB 18201 b
1 offer, or arrange for the offering, on a periodic basis in
2 each community in this State in cooperation with the
3 American Red Cross, the American Heart Association or
4 other appropriate organization, voluntary programs to
5 train operators of foster family homes and day care homes
6 in first aid and cardiopulmonary resuscitation;
7 (5) The appropriateness, safety, cleanliness, and
8 general adequacy of the premises, including maintenance of
9 adequate fire prevention and health standards conforming
10 to State laws and municipal codes to provide for the
11 physical comfort, care, and well-being of children
12 received;
13 (6) Provisions for food, clothing, educational
14 opportunities, program, equipment and individual supplies
15 to assure the healthy physical, mental, and spiritual
16 development of children served;
17 (7) Provisions to safeguard the legal rights of
18 children served;
19 (8) Maintenance of records pertaining to the
20 admission, progress, health, and discharge of children,
21 including, for day care centers and day care homes,
22 records indicating each child has been immunized as
23 required by State regulations. The Department shall
24 require proof that children enrolled in a facility have
25 been immunized against Haemophilus Influenzae B (HIB);
26 (9) Filing of reports with the Department;
HB3595 Enrolled - 712 - LRB104 08153 BAB 18201 b
1 (10) Discipline of children;
2 (11) Protection and fostering of the particular
3 religious faith of the children served;
4 (12) Provisions prohibiting firearms on day care
5 center premises except in the possession of peace
6 officers;
7 (13) Provisions prohibiting handguns on day care home
8 premises except in the possession of peace officers or
9 other adults who must possess a handgun as a condition of
10 employment and who reside on the premises of a day care
11 home;
12 (14) Provisions requiring that any firearm permitted
13 on day care home premises, except handguns in the
14 possession of peace officers, shall be kept in a
15 disassembled state, without ammunition, in locked storage,
16 inaccessible to children and that ammunition permitted on
17 day care home premises shall be kept in locked storage
18 separate from that of disassembled firearms, inaccessible
19 to children;
20 (15) Provisions requiring notification of parents or
21 guardians enrolling children at a day care home of the
22 presence in the day care home of any firearms and
23 ammunition and of the arrangements for the separate,
24 locked storage of such firearms and ammunition;
25 (16) Provisions requiring all licensed child care
26 facility employees who care for newborns and infants to
HB3595 Enrolled - 713 - LRB104 08153 BAB 18201 b
1 complete training every 3 years on the nature of sudden
2 unexpected infant death (SUID), sudden infant death
3 syndrome (SIDS), and the safe sleep recommendations of the
4 American Academy of Pediatrics; and
5 (17) With respect to foster family homes, provisions
6 requiring the Department to review quality of care
7 concerns and to consider those concerns in determining
8 whether a foster family home is qualified to care for
9 children.
10 By July 1, 2022, all licensed day care home providers,
11 licensed group day care home providers, and licensed day care
12 center directors and classroom staff shall participate in at
13 least one training that includes the topics of early childhood
14 social emotional learning, infant and early childhood mental
15 health, early childhood trauma, or adverse childhood
16 experiences. Current licensed providers, directors, and
17 classroom staff shall complete training by July 1, 2022 and
18 shall participate in training that includes the above topics
19 at least once every 3 years.
20 (b) If, in a facility for general child care, there are
21 children diagnosed as mentally ill or children diagnosed as
22 having an intellectual or physical disability, who are
23 determined to be in need of special mental treatment or of
24 nursing care, or both mental treatment and nursing care, the
25 Department shall seek the advice and recommendation of the
26 Department of Human Services, the Department of Public Health,
HB3595 Enrolled - 714 - LRB104 08153 BAB 18201 b
1 or both Departments regarding the residential treatment and
2 nursing care provided by the institution.
3 (c) The Department shall investigate any person applying
4 to be licensed as a foster parent to determine whether there is
5 any evidence of current drug or alcohol abuse in the
6 prospective foster family. The Department shall not license a
7 person as a foster parent if drug or alcohol abuse has been
8 identified in the foster family or if a reasonable suspicion
9 of such abuse exists, except that the Department may grant a
10 foster parent license to an applicant identified with an
11 alcohol or drug problem if the applicant has successfully
12 participated in an alcohol or drug treatment program,
13 self-help group, or other suitable activities and if the
14 Department determines that the foster family home can provide
15 a safe, appropriate environment and meet the physical and
16 emotional needs of children.
17 (d) The Department, in applying standards prescribed and
18 published, as herein provided, shall offer consultation
19 through employed staff or other qualified persons to assist
20 applicants and licensees in meeting and maintaining minimum
21 requirements for a license and to help them otherwise to
22 achieve programs of excellence related to the care of children
23 served. Such consultation shall include providing information
24 concerning education and training in early childhood
25 development to providers of day care home services. The
26 Department may provide or arrange for such education and
HB3595 Enrolled - 715 - LRB104 08153 BAB 18201 b
1 training for those providers who request such assistance.
2 (e) The Department shall distribute copies of licensing
3 standards to all licensees and applicants for a license. Each
4 licensee or holder of a permit shall distribute copies of the
5 appropriate licensing standards and any other information
6 required by the Department to child care facilities under its
7 supervision. Each licensee or holder of a permit shall
8 maintain appropriate documentation of the distribution of the
9 standards. Such documentation shall be part of the records of
10 the facility and subject to inspection by authorized
11 representatives of the Department.
12 (f) The Department shall prepare summaries of day care
13 licensing standards. Each licensee or holder of a permit for a
14 day care facility shall distribute a copy of the appropriate
15 summary and any other information required by the Department,
16 to the legal guardian of each child cared for in that facility
17 at the time when the child is enrolled or initially placed in
18 the facility. The licensee or holder of a permit for a day care
19 facility shall secure appropriate documentation of the
20 distribution of the summary and brochure. Such documentation
21 shall be a part of the records of the facility and subject to
22 inspection by an authorized representative of the Department.
23 (g) The Department shall distribute to each licensee and
24 holder of a permit copies of the licensing or permit standards
25 applicable to such person's facility. Each licensee or holder
26 of a permit shall make available by posting at all times in a
HB3595 Enrolled - 716 - LRB104 08153 BAB 18201 b
1 common or otherwise accessible area a complete and current set
2 of licensing standards in order that all employees of the
3 facility may have unrestricted access to such standards. All
4 employees of the facility shall have reviewed the standards
5 and any subsequent changes. Each licensee or holder of a
6 permit shall maintain appropriate documentation of the current
7 review of licensing standards by all employees. Such records
8 shall be part of the records of the facility and subject to
9 inspection by authorized representatives of the Department.
10 (h) Any standards involving physical examinations,
11 immunization, or medical treatment shall include appropriate
12 exemptions for children whose parents object thereto on the
13 grounds that they conflict with the tenets and practices of a
14 recognized church or religious organization, of which the
15 parent is an adherent or member, and for children who should
16 not be subjected to immunization for clinical reasons.
17 (i) The Department, in cooperation with the Department of
18 Public Health, shall work to increase immunization awareness
19 and participation among parents of children enrolled in day
20 care centers and day care homes by publishing on the
21 Department's website information about the benefits of
22 immunization against vaccine preventable diseases, including
23 influenza and pertussis. The information for vaccine
24 preventable diseases shall include the incidence and severity
25 of the diseases, the availability of vaccines, and the
26 importance of immunizing children and persons who frequently
HB3595 Enrolled - 717 - LRB104 08153 BAB 18201 b
1 have close contact with children. The website content shall be
2 reviewed annually in collaboration with the Department of
3 Public Health to reflect the most current recommendations of
4 the Advisory Committee on Immunization Practices (ACIP). The
5 Department shall work with day care centers and day care homes
6 licensed under this Act to ensure that the information is
7 annually distributed to parents in August or September.
8 (j) Any standard adopted by the Department that requires
9 an applicant for a license to operate a day care home to
10 include a copy of a high school diploma or equivalent
11 certificate with the person's application shall be deemed to
12 be satisfied if the applicant includes a copy of a high school
13 diploma or equivalent certificate or a copy of a degree from an
14 accredited institution of higher education or vocational
15 institution or equivalent certificate.
16 (Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.)
17 (Text of Section after amendment by P.A. 103-594)
18 Sec. 7. (a) The Department must prescribe and publish
19 minimum standards for licensing that apply to the various
20 types of providers facilities for early care and education
21 child care defined in this Act (other than an early care and
22 education a day care center, early care and education day care
23 home, or group early care and education day care home) and that
24 are equally applicable to like institutions under the control
25 of the Department and to foster family homes used by and under
HB3595 Enrolled - 718 - LRB104 08153 BAB 18201 b
1 the direct supervision of the Department. The Department shall
2 seek the advice and assistance of persons representative of
3 the various types of early care and education providers child
4 care facilities in establishing such standards. The standards
5 prescribed and published under this Act take effect as
6 provided in the Illinois Administrative Procedure Act, and are
7 restricted to regulations pertaining to the following matters
8 and to any rules and regulations required or permitted by any
9 other Section of this Act:
10 (1) The operation and conduct of the provider facility
11 and responsibility it assumes for early care and education
12 child care;
13 (2) The character, suitability and qualifications of
14 the applicant and other persons directly responsible for
15 the care and welfare of children served.;
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 early care
22 and education child care institution, maternity center,
23 and group home shall have on its premises during its hours
24 of operation at least one staff member certified in first
25 aid, in the Heimlich maneuver and in cardiopulmonary
26 resuscitation by the American Red Cross or other
HB3595 Enrolled - 719 - LRB104 08153 BAB 18201 b
1 organization approved by rule of the Department. Child
2 welfare agencies shall not be subject to such a staffing
3 requirement. The Department may offer, or arrange for the
4 offering, on a periodic basis in each community in this
5 State in cooperation with the American Red Cross, the
6 American Heart Association or other appropriate
7 organization, voluntary programs to train operators of
8 foster family homes and early care and education day care
9 homes in first aid and cardiopulmonary resuscitation;
10 (5) The appropriateness, safety, cleanliness, and
11 general adequacy of the premises, including maintenance of
12 adequate fire prevention and health standards conforming
13 to State laws and municipal codes to provide for the
14 physical comfort, care, and well-being of children
15 received;
16 (6) Provisions for food, clothing, educational
17 opportunities, program, equipment and individual supplies
18 to assure the healthy physical, mental, and spiritual
19 development of children served;
20 (7) Provisions to safeguard the legal rights of
21 children served;
22 (8) Maintenance of records pertaining to the
23 admission, progress, health, and discharge of children.
24 The Department shall require proof that children enrolled
25 in a provider facility (other than an early care and
26 education a day care center, early care and education day
HB3595 Enrolled - 720 - LRB104 08153 BAB 18201 b
1 care home, or group early care and education day care
2 home) have been immunized against Haemophilus Influenzae B
3 (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) (Blank);
9 (13) (Blank);
10 (14) (Blank);
11 (15) (Blank);
12 (16) Provisions requiring all licensed child care
13 provider facility employees who care for newborns and
14 infants to complete training every 3 years on the nature
15 of sudden unexpected infant death (SUID), sudden infant
16 death syndrome (SIDS), and the safe sleep recommendations
17 of the American Academy of Pediatrics (other than
18 employees of an early care and education a day care
19 center, early care and education day care home, or group
20 early care and education day care home); and
21 (17) With respect to foster family homes, provisions
22 requiring the Department to review quality of care
23 concerns and to consider those concerns in determining
24 whether a foster family home is qualified to care for
25 children.
26 (b) If, in a provider facility for general early care and
HB3595 Enrolled - 721 - LRB104 08153 BAB 18201 b
1 education child care (other than an early care and education a
2 day care center, early care and education day care home, or
3 group early care and education day care home), there are
4 children diagnosed as mentally ill or children diagnosed as
5 having an intellectual or physical disability, who are
6 determined to be in need of special mental treatment or of
7 nursing care, or both mental treatment and nursing care, the
8 Department shall seek the advice and recommendation of the
9 Department of Human Services, the Department of Public Health,
10 or both Departments regarding the residential treatment and
11 nursing care provided by the institution.
12 (c) The Department shall investigate any person applying
13 to be licensed as a foster parent to determine whether there is
14 any evidence of current drug or alcohol abuse in the
15 prospective foster family. The Department shall not license a
16 person as a foster parent if drug or alcohol abuse has been
17 identified in the foster family or if a reasonable suspicion
18 of such abuse exists, except that the Department may grant a
19 foster parent license to an applicant identified with an
20 alcohol or drug problem if the applicant has successfully
21 participated in an alcohol or drug treatment program,
22 self-help group, or other suitable activities and if the
23 Department determines that the foster family home can provide
24 a safe, appropriate environment and meet the physical and
25 emotional needs of children.
26 (d) The Department, in applying standards prescribed and
HB3595 Enrolled - 722 - LRB104 08153 BAB 18201 b
1 published, as herein provided, shall offer consultation
2 through employed staff or other qualified persons to assist
3 applicants and licensees (other than applicants and licensees
4 of an early care and education a day care center, early care
5 and education day care home, or group early care and education
6 day care home) in meeting and maintaining minimum requirements
7 for a license and to help them otherwise to achieve programs of
8 excellence related to the care of children served. Such
9 consultation shall include providing information concerning
10 education and training in early childhood development to
11 providers of early care and education day care home services.
12 The Department may provide or arrange for such education and
13 training for those providers who request such assistance
14 (other than providers at an early care and education a day care
15 center, early care and education day care home, or group early
16 care and education day care home).
17 (e) The Department shall distribute copies of licensing
18 standards to all licensees and applicants for a license (other
19 than licensees and applicants of an early care and education a
20 day care center, early care and education day care home, or
21 group early care and education day care home). Each licensee
22 or holder of a permit shall distribute copies of the
23 appropriate licensing standards and any other information
24 required by the Department to early care and education
25 providers child care facilities under its supervision. Each
26 licensee or holder of a permit shall maintain appropriate
HB3595 Enrolled - 723 - LRB104 08153 BAB 18201 b
1 documentation of the distribution of the standards. Such
2 documentation shall be part of the records of the provider
3 facility and subject to inspection by authorized
4 representatives of the Department.
5 (f) (Blank).
6 (g) The Department shall distribute to each licensee and
7 holder of a permit copies of the licensing or permit standards
8 applicable to such person's early care and education provider
9 facility (other than a day care center, day care home, or group
10 day care home). Each licensee or holder of a permit shall make
11 available by posting at all times in a common or otherwise
12 accessible area a complete and current set of licensing
13 standards in order that all employees of the provider facility
14 may have unrestricted access to such standards. All employees
15 of the provider facility shall have reviewed the standards and
16 any subsequent changes. Each licensee or holder of a permit
17 shall maintain appropriate documentation of the current review
18 of licensing standards by all employees. Such records shall be
19 part of the records of the provider facility and subject to
20 inspection by authorized representatives of the Department.
21 (h) Any standards (other than standards of an early care
22 and education a day care center, early care and education day
23 care home, or group early care and education day care home)
24 involving physical examinations, immunization, or medical
25 treatment shall include appropriate exemptions for children
26 whose parents object thereto on the grounds that they conflict
HB3595 Enrolled - 724 - LRB104 08153 BAB 18201 b
1 with the tenets and practices of a recognized church or
2 religious organization, of which the parent is an adherent or
3 member, and for children who should not be subjected to
4 immunization for clinical reasons.
5 (i) (Blank).
6 (j) (Blank).
7 (Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23;
8 103-594, eff. 7-1-26.)
9 (225 ILCS 10/7.10)
10 (Text of Section before amendment by P.A. 103-594)
11 Sec. 7.10. Licensing orientation program and progress
12 report.
13 (a) For the purposes of this Section, "child day care
14 licensing" or "day care licensing" means licensing of day care
15 centers, day care homes, and group day care homes.
16 (a-5) In addition to current day care training and subject
17 to appropriations, the Department or any State agency that
18 assumes day care center licensing responsibilities shall host
19 licensing orientation programs to help educate potential day
20 care center, day care home, and group day care home providers
21 about the child day care licensing process. The programs shall
22 be made available in person and virtually. The Department or
23 its successor shall offer to host licensing orientation
24 programs at least twice annually in each Representative
25 District in the State. Additionally, if one or more persons
HB3595 Enrolled - 725 - LRB104 08153 BAB 18201 b
1 request that a program be offered in a language other than
2 English, then the Department or its successor must accommodate
3 the request.
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 day care
24 licensing representatives and day care licensing
25 supervisors in comparison with staffing qualifications
26 specified in the job description;
HB3595 Enrolled - 726 - LRB104 08153 BAB 18201 b
1 (3) data history for fiscal year 2010 to the current
2 fiscal year on day care licensing representative caseloads
3 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 number and percentage of new applications
8 disposed of within 90 days;
9 (B) the percentage of licenses renewed on time;
10 (C) the percentage of day care centers receiving
11 timely annual monitoring visits;
12 (D) the percentage of day care homes receiving
13 timely annual monitoring visits;
14 (E) the percentage of group 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 day care center
23 applicant must wait to attend a licensing orientation;
24 (J) the number of licensing orientation sessions
25 available per region in the past year; and
26 (K) the number of Department trainings related to
HB3595 Enrolled - 727 - LRB104 08153 BAB 18201 b
1 licensing and child development available to providers
2 in the past year; and
3 (5) efforts to coordinate with the Department of Human
4 Services and the State Board of Education on professional
5 development, credentialing issues, and child developers,
6 including training registry, child developers, and Quality
7 Rating and Improvement Systems (QRIS).
8 (d) The Department shall work with the Governor's
9 appointed Early Learning Council on issues related to and
10 concerning child day care.
11 (Source: P.A. 103-805, eff. 1-1-25; 104-307, eff. 1-1-26;
12 104-417, eff. 8-15-25.)
13 (Text of Section after amendment by P.A. 103-594)
14 Sec. 7.10. Licensing orientation program and progress
15 report.
16 (a) For the purposes of this Section, "early care and
17 education child day care licensing" or " day care licensing"
18 means licensing of early care and education day care centers,
19 early care and education day care homes, and group early care
20 and education day care homes.
21 (a-5) In addition to current early care and education day
22 care training and subject to appropriations, the Department or
23 any State agency that assumes early care and education day
24 care center licensing responsibilities shall host licensing
25 orientation programs to help educate potential early care and
HB3595 Enrolled - 728 - LRB104 08153 BAB 18201 b
1 education day care center, early care and education day care
2 home, and group early care and education day care home
3 providers about the early care and education child day care
4 licensing process. The programs shall be made available in
5 person and virtually. The Department or its successor shall
6 offer to host licensing orientation programs at least twice
7 annually in each Representative District in the State.
8 Additionally, if one or more persons request that a program be
9 offered in a language other than English, then the Department
10 or its successor must accommodate the request.
11 (b) No later than September 30th of each year, the
12 Department of Early Childhood shall provide the General
13 Assembly with a comprehensive report on its progress in
14 meeting performance measures and goals related to early care
15 and education child day care licensing.
16 (c) The report shall include:
17 (1) details on the funding for child day care
18 licensing, including:
19 (A) the total number of full-time employees
20 working on early care and education child day care
21 licensing;
22 (B) the names of all sources of revenue used to
23 support early care and education child day care
24 licensing;
25 (C) the amount of expenditures that is claimed
26 against federal funding sources;
HB3595 Enrolled - 729 - LRB104 08153 BAB 18201 b
1 (D) the identity of federal funding sources; and
2 (E) how funds are appropriated, including
3 appropriations for line staff, support staff,
4 supervisory staff, and training and other expenses and
5 the funding history of such licensing since fiscal
6 year 2010;
7 (2) current staffing qualifications of early care and
8 education day care licensing representatives and early
9 care and education day care licensing supervisors in
10 comparison with staffing qualifications specified in the
11 job description;
12 (3) data history for fiscal year 2010 to the current
13 fiscal year on early care and education day care licensing
14 representative caseloads and staffing levels in all areas
15 of the State;
16 (4) per the Early Care and Education DCFS Child Day
17 Care Licensing Advisory Council's work plan, quarterly
18 data on the following measures:
19 (A) the number and percentage of new applications
20 disposed of within 90 days;
21 (B) the percentage of licenses renewed on time;
22 (C) the percentage of early care and education day
23 care centers receiving timely annual monitoring
24 visits;
25 (D) the percentage of early care and education day
26 care homes receiving timely annual monitoring visits;
HB3595 Enrolled - 730 - LRB104 08153 BAB 18201 b
1 (E) the percentage of group early care and
2 education day care homes receiving timely annual
3 monitoring visits;
4 (F) the percentage of provider requests for
5 supervisory review;
6 (G) the progress on adopting a key indicator
7 system;
8 (H) the percentage of complaints disposed of
9 within 30 days;
10 (I) the average number of days an early care and
11 education a day care center applicant must wait to
12 attend a licensing orientation;
13 (J) the number of licensing orientation sessions
14 available per region in the past year; and
15 (K) the number of Department of Early Childhood
16 trainings related to licensing and child development
17 available to providers in the past year; and
18 (5) efforts to coordinate with the Department of Human
19 Services and the State Board of Education on professional
20 development, credentialing issues, and child developers,
21 including training registry, child developers, and Quality
22 Rating and Improvement Systems (QRIS).
23 (d) The Department of Early Childhood shall work with the
24 Governor's appointed Early Learning Council on issues related
25 to and concerning early care and education child day care.
26 (Source: P.A. 103-594, eff. 7-1-26; 103-805, eff. 1-1-25;
HB3595 Enrolled - 731 - LRB104 08153 BAB 18201 b
1 104-307, eff. 1-1-26; 104-417, eff. 8-15-25.)
2 (225 ILCS 10/8) (from Ch. 23, par. 2218)
3 (Text of Section before amendment by P.A. 103-594)
4 Sec. 8. The Department may revoke or refuse to renew the
5 license of any child care facility or child welfare agency or
6 refuse to issue full license to the holder of a permit should
7 the licensee or holder of a permit:
8 (1) fail to maintain standards prescribed and
9 published by the Department;
10 (2) violate any of the provisions of the license
11 issued;
12 (3) furnish or make any misleading or any false
13 statement or report to the Department;
14 (4) refuse to submit to the Department any reports or
15 refuse to make available to the Department any records
16 required by the Department in making investigation of the
17 facility for licensing purposes;
18 (5) fail or refuse to submit to an investigation by
19 the Department;
20 (6) fail or refuse to admit authorized representatives
21 of the Department at any reasonable time for the purpose
22 of investigation;
23 (7) fail to provide, maintain, equip and keep in safe
24 and sanitary condition premises established or used for
25 child care as required under standards prescribed by the
HB3595 Enrolled - 732 - LRB104 08153 BAB 18201 b
1 Department, or as otherwise required by any law,
2 regulation or ordinance applicable to the location of such
3 facility;
4 (8) refuse to display its license or permit;
5 (9) be the subject of an indicated report under
6 Section 3 of the Abused and Neglected Child Reporting Act
7 or fail to discharge or sever affiliation with the child
8 care facility of an employee or volunteer at the facility
9 with direct contact with children who is the subject of an
10 indicated report under Section 3 of that Act;
11 (10) fail to comply with the provisions of Section
12 7.1;
13 (11) fail to exercise reasonable care in the hiring,
14 training and supervision of facility personnel;
15 (12) fail to report suspected abuse or neglect of
16 children within the facility, as required by the Abused
17 and Neglected Child Reporting Act;
18 (12.5) fail to comply with subsection (c-5) of Section
19 7.4;
20 (13) fail to comply with Section 5.1 or 5.2 of this
21 Act; or
22 (14) be identified in an investigation by the
23 Department as a person with a substance use disorder, as
24 defined in the Substance Use Disorder Act, or be a person
25 whom the Department knows has abused alcohol or drugs, and
26 has not successfully participated in treatment, self-help
HB3595 Enrolled - 733 - LRB104 08153 BAB 18201 b
1 groups or other suitable activities, and the Department
2 determines that because of such abuse the licensee, holder
3 of the permit, or any other person directly responsible
4 for the care and welfare of the children served, does not
5 comply with standards relating to character, suitability
6 or other qualifications established under Section 7 of
7 this Act.
8 (Source: P.A. 100-759, eff. 1-1-19.)
9 (Text of Section after amendment by P.A. 103-594)
10 Sec. 8. The Department may revoke or refuse to renew the
11 license of any early care and education provider child care
12 facility (other than an early care and education a day care
13 center, early care and education day care home, or group early
14 care and education day care home) or child welfare agency or
15 refuse to issue full license to the holder of a permit should
16 the licensee or holder of a permit:
17 (1) fail to maintain standards prescribed and
18 published by the Department;
19 (2) violate any of the provisions of the license
20 issued;
21 (3) furnish or make any misleading or any false
22 statement or report to the Department;
23 (4) refuse to submit to the Department any reports or
24 refuse to make available to the Department any records
25 required by the Department in making investigation of the
HB3595 Enrolled - 734 - LRB104 08153 BAB 18201 b
1 provider facility for licensing purposes;
2 (5) fail or refuse to submit to an investigation by
3 the Department;
4 (6) fail or refuse to admit authorized representatives
5 of the Department at any reasonable time for the purpose
6 of investigation;
7 (7) fail to provide, maintain, equip and keep in safe
8 and sanitary condition premises established or used for
9 early care and education child care as required under
10 standards prescribed by the Department, or as otherwise
11 required by any law, regulation or ordinance applicable to
12 the location of such provider facility;
13 (8) refuse to display its license or permit;
14 (9) be the subject of an indicated report under
15 Section 3 of the Abused and Neglected Child Reporting Act
16 or fail to discharge or sever affiliation with the child
17 care provider facility of an employee or volunteer at the
18 provider facility with direct contact with children who is
19 the subject of an indicated report under Section 3 of that
20 Act;
21 (10) fail to comply with the provisions of Section
22 7.1;
23 (11) fail to exercise reasonable care in the hiring,
24 training and supervision of provider facility personnel;
25 (12) fail to report suspected abuse or neglect of
26 children within the provider facility, as required by the
HB3595 Enrolled - 735 - LRB104 08153 BAB 18201 b
1 Abused and Neglected Child Reporting Act;
2 (12.5) fail to comply with subsection (c-5) of Section
3 7.4;
4 (13) fail to comply with Section 5.1 or 5.2 of this
5 Act; or
6 (14) be identified in an investigation by the
7 Department as a person with a substance use disorder, as
8 defined in the Substance Use Disorder Act, or be a person
9 whom the Department knows has abused alcohol or drugs, and
10 has not successfully participated in treatment, self-help
11 groups or other suitable activities, and the Department
12 determines that because of such abuse the licensee, holder
13 of the permit, or any other person directly responsible
14 for the care and welfare of the children served, does not
15 comply with standards relating to character, suitability
16 or other qualifications established under Section 7 of
17 this Act.
18 (Source: P.A. 103-594, eff. 7-1-26.)
19 (225 ILCS 10/8.1) (from Ch. 23, par. 2218.1)
20 (Text of Section before amendment by P.A. 103-594)
21 Sec. 8.1. The Department shall revoke or refuse to renew
22 the license of any child care facility or refuse to issue a
23 full license to the holder of a permit should the licensee or
24 holder of a permit:
25 (1) fail to correct any condition which jeopardizes
HB3595 Enrolled - 736 - LRB104 08153 BAB 18201 b
1 the health, safety, morals, or welfare of children served
2 by the facility;
3 (2) fail to correct any condition or occurrence
4 relating to the operation or maintenance of the facility
5 comprising a violation under Section 8 of this Act; or
6 (3) fail to maintain financial resources adequate for
7 the satisfactory care of children served in regard to
8 upkeep of premises, and provisions for personal care,
9 medical services, clothing, education and other essentials
10 in the proper care, rearing and training of children.
11 (Source: P.A. 83-1362.)
12 (Text of Section after amendment by P.A. 103-594)
13 Sec. 8.1. The Department shall revoke or refuse to renew
14 the license of any early care and education center, early care
15 and education home, or group early care and education home
16 child care facility (other than a day care center, day care
17 home, or group day care home) or refuse to issue a full license
18 to the holder of a permit should the licensee or holder of a
19 permit:
20 (1) fail to correct any condition which jeopardizes
21 the health, safety, morals, or welfare of children served
22 by the early care and education provider facility;
23 (2) fail to correct any condition or occurrence
24 relating to the operation or maintenance of the provider
25 facility comprising a violation under Section 8 of this
HB3595 Enrolled - 737 - LRB104 08153 BAB 18201 b
1 Act; or
2 (3) fail to maintain financial resources adequate for
3 the satisfactory care of children served in regard to
4 upkeep of premises, and provisions for personal care,
5 medical services, clothing, education and other essentials
6 in the proper care, rearing and training of children.
7 (Source: P.A. 103-594, eff. 7-1-26.)
8 (225 ILCS 10/8.2) (from Ch. 23, par. 2218.2)
9 (Text of Section before amendment by P.A. 103-594)
10 Sec. 8.2. The Department may issue a conditional license
11 to any child care facility which currently is licensed under
12 this Act. The conditional license shall be a nonrenewable
13 license for a period of 6 months and the Department shall
14 revoke any other license held by the conditionally licensed
15 facility. Conditional licenses shall only be granted to
16 facilities where no threat to the health, safety, morals or
17 welfare of the children served exists. A complete listing of
18 deficiencies and a corrective plan approved by the Department
19 shall be in existence at the time a conditional license is
20 issued. Failure by the facility to correct the deficiencies or
21 meet all licensing standards at the end of the conditional
22 license period shall result in immediate revocation of or
23 refusal to renew the facility's license as provided in Section
24 8.1 of this Act.
25 (Source: P.A. 85-216.)
HB3595 Enrolled - 738 - LRB104 08153 BAB 18201 b
1 (Text of Section after amendment by P.A. 103-594)
2 Sec. 8.2. The Department may issue a conditional license
3 to any early care and education provider child care facility
4 (other than an early care and education a day care center,
5 early care and education day care home, or group early care and
6 education day care home) which currently is licensed under
7 this Act. The conditional license shall be a nonrenewable
8 license for a period of 6 months and the Department shall
9 revoke any other license held by the conditionally licensed
10 provider facility. Conditional licenses shall only be granted
11 to providers facilities where no threat to the health, safety,
12 morals or welfare of the children served exists. A complete
13 listing of deficiencies and a corrective plan approved by the
14 Department shall be in existence at the time a conditional
15 license is issued. Failure by the provider facility to correct
16 the deficiencies or meet all licensing standards at the end of
17 the conditional license period shall result in immediate
18 revocation of or refusal to renew the provider's facility's
19 license as provided in Section 8.1 of this Act.
20 (Source: P.A. 103-594, eff. 7-1-26.)
21 (225 ILCS 10/8.5)
22 (Text of Section before amendment by P.A. 103-594)
23 Sec. 8.5. Reporting suspected abuse or neglect. The
24 Department shall address through rules and procedures the
HB3595 Enrolled - 739 - LRB104 08153 BAB 18201 b
1 failure of individual staff at child care facilities or child
2 welfare agencies to report suspected abuse or neglect of
3 children within the child care facility as required by the
4 Abused and Neglected Child Reporting Act.
5 The rules and procedures shall include provisions for when
6 the Department learns of the child care facility's staff's
7 failure to report suspected abuse or neglect of children and
8 the actions the Department will take to (i) ensure that the
9 child care facility takes immediate action with the individual
10 staff involved and (ii) investigate whether the failure to
11 report suspected abuse and neglect was a single incident or
12 part of a larger incident involving additional staff members
13 who failed to report, or whether the failure to report
14 suspected abuse and neglect is a system-wide problem within
15 the child care facility or child welfare agency. The rules and
16 procedures shall also include the use of corrective action
17 plans and the use of supervisory teams to review staff and
18 facility understanding of their reporting requirements.
19 The Department shall adopt rules by July 1, 2016.
20 (Source: P.A. 99-350, eff. 1-1-16.)
21 (Text of Section after amendment by P.A. 103-594)
22 Sec. 8.5. Reporting suspected abuse or neglect; Department
23 of Children and Family Services. The Department shall address
24 through rules and procedures the failure of individual staff
25 at early care and education providers child care facilities
HB3595 Enrolled - 740 - LRB104 08153 BAB 18201 b
1 (other than an early care and education a day care center,
2 early care and education day care home, or group early care and
3 education day care home) or child welfare agencies to report
4 suspected abuse or neglect of children within the early care
5 and education provider's location child care facility as
6 required by the Abused and Neglected Child Reporting Act.
7 The rules and procedures shall include provisions for when
8 the Department learns of the early care and education
9 provider's child care facility's staff's failure to report
10 suspected abuse or neglect of children and the actions the
11 Department will take to (i) ensure that the early care and
12 education provider child care facility takes immediate action
13 with the individual staff involved and (ii) investigate
14 whether the failure to report suspected abuse and neglect was
15 a single incident or part of a larger incident involving
16 additional staff members who failed to report, or whether the
17 failure to report suspected abuse and neglect is a system-wide
18 problem within the early care and education provider child
19 care facility or child welfare agency. The rules and
20 procedures shall also include the use of corrective action
21 plans and the use of supervisory teams to review staff and
22 provider facility understanding of their reporting
23 requirements.
24 The Department shall adopt rules by July 1, 2016.
25 (Source: P.A. 103-594, eff. 7-1-26.)
HB3595 Enrolled - 741 - LRB104 08153 BAB 18201 b
1 (225 ILCS 10/8a)
2 (This Section may contain text from a Public Act with a
3 delayed effective date)
4 Sec. 8a. Grounds for revocation or refusal to renew
5 license; Department of Early Childhood. The Department of
6 Early Childhood may revoke or refuse to renew the license of
7 any early care and education day care center, early care and
8 education day care home, or group early care and education day
9 care home or refuse to issue full license to the holder of a
10 permit should the licensee or holder of a permit:
11 (1) fail to maintain standards prescribed and
12 published by the Department of Early Childhood;
13 (2) violate any of the provisions of the license
14 issued;
15 (3) furnish or make any misleading or any false
16 statement or report to the Department of Early Childhood;
17 (4) refuse to submit to the Department of Early
18 Childhood any reports or refuse to make available to the
19 Department of Early Childhood any records required by the
20 Department of Early Childhood in making investigation of
21 the provider facility for licensing purposes;
22 (5) fail or refuse to submit to an investigation by
23 the Department of Early Childhood;
24 (6) fail or refuse to admit authorized representatives
25 of the Department of Early Childhood at any reasonable
26 time for the purpose of investigation;
HB3595 Enrolled - 742 - LRB104 08153 BAB 18201 b
1 (7) fail to provide, maintain, equip and keep in safe
2 and sanitary condition premises established or used for
3 early care and education child care as required under
4 standards prescribed by the Department of Early Childhood
5 or as otherwise required by any law, regulation or
6 ordinance applicable to the location of such provider
7 facility;
8 (8) refuse to display its license or permit;
9 (9) be the subject of an indicated report under
10 Section 3 of the Abused and Neglected Child Reporting Act
11 or fail to discharge or sever affiliation with the early
12 care and education day care center, early care and
13 education day care home, or group early care and education
14 day care home of an employee or volunteer at the early care
15 and education day care center, early care and education
16 day care home, or group early care and education day care
17 home with direct contact with children who is the subject
18 of an indicated report under Section 3 of that Act;
19 (10) fail to comply with the provisions of Section
20 7.1;
21 (11) fail to exercise reasonable care in the hiring,
22 training and supervision of provider facility personnel;
23 (12) fail to report suspected abuse or neglect of
24 children within the provider facility, as required by the
25 Abused and Neglected Child Reporting Act;
26 (12.5) fail to comply with subsection (c-5) of Section
HB3595 Enrolled - 743 - LRB104 08153 BAB 18201 b
1 7.4;
2 (13) fail to comply with Section 5.1 or 5.2 of this
3 Act; or
4 (14) be identified in an investigation by the
5 Department of Early Childhood as a person with a substance
6 use disorder, as defined in the Substance Use Disorder
7 Act, or be a person whom the Department of Early Childhood
8 knows has abused alcohol or drugs, and has not
9 successfully participated in treatment, self-help groups
10 or other suitable activities, and the Department of Early
11 Childhood determines that because of such abuse the
12 licensee, holder of the permit, or any other person
13 directly responsible for the care and welfare of the
14 children served, does not comply with standards relating
15 to character, suitability or other qualifications
16 established under Section 7.01 of this Act.
17 (Source: P.A. 103-594, eff. 7-1-26.)
18 (225 ILCS 10/8.1a)
19 (This Section may contain text from a Public Act with a
20 delayed effective date)
21 Sec. 8.1a. Other grounds for revocation or refusal to
22 renew license; Department of Early Childhood. The Department
23 of Early Childhood shall revoke or refuse to renew the license
24 of any early care and education day care center, early care and
25 education day care home, or group early care and education day
HB3595 Enrolled - 744 - LRB104 08153 BAB 18201 b
1 care home or refuse to issue a full license to the holder of a
2 permit should the licensee or holder of a permit:
3 (1) fail to correct any condition which jeopardizes
4 the health, safety, morals, or welfare of children served
5 by the provider facility;
6 (2) fail to correct any condition or occurrence
7 relating to the operation or maintenance of the provider
8 facility comprising a violation under Section 8a of this
9 Act; or
10 (3) fail to maintain financial resources adequate for
11 the satisfactory care of children served in regard to
12 upkeep of premises, and provisions for personal care,
13 medical services, clothing, education and other essentials
14 in the proper care, rearing and training of children.
15 (Source: P.A. 103-594, eff. 7-1-26.)
16 (225 ILCS 10/8.2a)
17 (This Section may contain text from a Public Act with a
18 delayed effective date)
19 Sec. 8.2a. Conditional license; Department of Early
20 Childhood. The Department of Early Childhood may issue a
21 conditional license to any early care and education day care
22 center, early care and education day care home, or group early
23 care and education day care home which currently is licensed
24 under this Act. The conditional license shall be a
25 nonrenewable license for a period of 6 months and the
HB3595 Enrolled - 745 - LRB104 08153 BAB 18201 b
1 Department of Early Childhood shall revoke any other license
2 held by the conditionally licensed provider facility.
3 Conditional licenses shall only be granted to providers
4 facilities where no threat to the health, safety, morals or
5 welfare of the children served exists. A complete listing of
6 deficiencies and a corrective plan approved by the Department
7 of Early Childhood shall be in existence at the time a
8 conditional license is issued. Failure by the provider
9 facility to correct the deficiencies or meet all licensing
10 standards at the end of the conditional license period shall
11 result in immediate revocation of or refusal to renew the
12 provider's facility's license as provided in Section 8.1a of
13 this Act.
14 (Source: P.A. 103-594, eff. 7-1-26.)
15 (225 ILCS 10/8.6)
16 (This Section may contain text from a Public Act with a
17 delayed effective date)
18 Sec. 8.6. Reporting suspected abuse or neglect; Department
19 of Early Childhood. The Department of Early Childhood shall
20 address through rules and procedures the failure of individual
21 staff at early care and education day care centers, early care
22 and education day care homes, and group early care and
23 education day care homes to report suspected abuse or neglect
24 of children within the early care and education provider's
25 location child care facility as required by the Abused and
HB3595 Enrolled - 746 - LRB104 08153 BAB 18201 b
1 Neglected Child Reporting Act.
2 The rules and procedures shall include provisions for when
3 the Department of Early Childhood learns of the early care and
4 education provider's child care facility's staff's failure to
5 report suspected abuse or neglect of children and the actions
6 the Department of Early Childhood will take to (i) ensure that
7 the early care and education provider child care facility
8 takes immediate action with the individual staff involved and
9 (ii) investigate whether the failure to report suspected abuse
10 and neglect was a single incident or part of a larger incident
11 involving additional staff members who failed to report, or
12 whether the failure to report suspected abuse and neglect is a
13 system-wide problem within the early care and education
14 provider's location child care facility. The rules and
15 procedures shall also include the use of corrective action
16 plans and the use of supervisory teams to review staff and
17 provider facility understanding of their reporting
18 requirements.
19 The Department of Early Childhood shall adopt rules to
20 administer this Section.
21 (Source: P.A. 103-594, eff. 7-1-26.)
22 (225 ILCS 10/9) (from Ch. 23, par. 2219)
23 (Text of Section before amendment by P.A. 103-594)
24 Sec. 9. Prior to revocation or refusal to renew a license,
25 the Department shall notify the licensee by registered mail
HB3595 Enrolled - 747 - LRB104 08153 BAB 18201 b
1 with postage prepaid, at the address specified on the license,
2 or at the address of the ranking or presiding officer of a
3 board of directors, or any equivalent body conducting a child
4 care facility, of the contemplated action and that the
5 licensee may, within 10 days of such notification, dating from
6 the postmark of the registered mail, request in writing a
7 public hearing before the Department, and, at the same time,
8 may request a written statement of charges from the
9 Department.
10 (a) Upon written request by the licensee, the Department
11 shall furnish such written statement of charges, and, at the
12 same time, shall set the date and place for the hearing. The
13 charges and notice of the hearing shall be delivered by
14 registered mail with postage prepaid, and the hearing must be
15 held within 30 days, dating from the date of the postmark of
16 the registered mail, except that notification must be made at
17 least 15 days in advance of the date set for the hearing.
18 (b) If no request for a hearing is made within 10 days
19 after notification, or if the Department determines, upon
20 holding a hearing, that the license should be revoked or
21 renewal denied, then the license shall be revoked or renewal
22 denied.
23 (c) Upon the hearing of proceedings in which the license
24 is revoked, renewal of license is refused or full license is
25 denied, the Director of the Department, or any officer or
26 employee duly authorized by the Director in writing, may
HB3595 Enrolled - 748 - LRB104 08153 BAB 18201 b
1 administer oaths and the Department may procure, by its
2 subpoena, the attendance of witnesses and the production of
3 relevant books and papers.
4 (d) At the time and place designated, the Director of the
5 Department or the officer or employee authorized by the
6 Director in writing, shall hear the charges, and both the
7 Department and the licensee shall be allowed to present in
8 person or by counsel such statements, testimony and evidence
9 as may be pertinent to the charges or to the defense thereto.
10 The hearing officer may continue such hearing from time to
11 time, but not to exceed a single period of 30 days, unless
12 special extenuating circumstances make further continuance
13 feasible.
14 (Source: P.A. 103-22, eff. 8-8-23.)
15 (Text of Section after amendment by P.A. 103-594)
16 Sec. 9. Prior to revocation or refusal to renew a license
17 (other than a license of an early care and education a day care
18 center, early care and education day care home, or group early
19 care and education day care home), the Department shall notify
20 the licensee by registered mail with postage prepaid, at the
21 address specified on the license, or at the address of the
22 ranking or presiding officer of a board of directors, or any
23 equivalent body conducting an early care and education
24 provider a child care facility, of the contemplated action and
25 that the licensee may, within 10 days of such notification,
HB3595 Enrolled - 749 - LRB104 08153 BAB 18201 b
1 dating from the postmark of the registered mail, request in
2 writing a public hearing before the Department, and, at the
3 same time, may request a written statement of charges from the
4 Department.
5 (a) Upon written request by the licensee, the Department
6 shall furnish such written statement of charges, and, at the
7 same time, shall set the date and place for the hearing. The
8 charges and notice of the hearing shall be delivered by
9 registered mail with postage prepaid, and the hearing must be
10 held within 30 days, dating from the date of the postmark of
11 the registered mail, except that notification must be made at
12 least 15 days in advance of the date set for the hearing.
13 (b) If no request for a hearing is made within 10 days
14 after notification, or if the Department determines, upon
15 holding a hearing, that the license should be revoked or
16 renewal denied, then the license shall be revoked or renewal
17 denied.
18 (c) Upon the hearing of proceedings in which the license
19 is revoked, renewal of license is refused or full license is
20 denied, the Director of the Department, or any officer or
21 employee duly authorized by the Director in writing, may
22 administer oaths and the Department may procure, by its
23 subpoena, the attendance of witnesses and the production of
24 relevant books and papers.
25 (d) At the time and place designated, the Director of the
26 Department or the officer or employee authorized by the
HB3595 Enrolled - 750 - LRB104 08153 BAB 18201 b
1 Director in writing, shall hear the charges, and both the
2 Department and the licensee shall be allowed to present in
3 person or by counsel such statements, testimony and evidence
4 as may be pertinent to the charges or to the defense thereto.
5 The hearing officer may continue such hearing from time to
6 time, but not to exceed a single period of 30 days, unless
7 special extenuating circumstances make further continuance
8 feasible.
9 (Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26.)
10 (225 ILCS 10/9.01)
11 (This Section may contain text from a Public Act with a
12 delayed effective date)
13 Sec. 9.01. Revocation or refusal to renew a license;
14 Department of Early Childhood. Prior to revocation or refusal
15 to renew a license of an early care and education a day care
16 center, early care and education day care home, or group early
17 care and education day care home, the Department of Early
18 Childhood shall notify the licensee by registered mail with
19 postage prepaid, at the address specified on the license, or
20 at the address of the ranking or presiding officer of a board
21 of directors, or any equivalent body conducting an early care
22 and education a day care center, early care and education day
23 care home, or group early care and education day care home, of
24 the contemplated action and that the licensee may, within 10
25 days of such notification, dating from the postmark of the
HB3595 Enrolled - 751 - LRB104 08153 BAB 18201 b
1 registered mail, request in writing a public hearing before
2 the Department of Early Childhood, and, at the same time, may
3 request a written statement of charges from the Department of
4 Early Childhood.
5 (a) Upon written request by the licensee, the Department
6 of Early Childhood shall furnish such written statement of
7 charges, and, at the same time, shall set the date and place
8 for the hearing. The charges and notice of the hearing shall be
9 delivered by registered mail with postage prepaid, and the
10 hearing must be held within 30 days, dating from the date of
11 the postmark of the registered mail, except that notification
12 must be made at least 15 days in advance of the date set for
13 the hearing.
14 (b) If no request for a hearing is made within 10 days
15 after notification, or if the Department of Early Childhood
16 determines, upon holding a hearing, that the license should be
17 revoked or renewal denied, then the license shall be revoked
18 or renewal denied.
19 (c) Upon the hearing of proceedings in which the license
20 is revoked, renewal of license is refused, or full license is
21 denied, the Secretary of Early Childhood, or any officer or
22 employee duly authorized by the Secretary in writing, may
23 administer oaths and the Department of Early Childhood may
24 procure, by its subpoena, the attendance of witnesses and the
25 production of relevant books and papers.
26 (d) At the time and place designated, the Secretary of
HB3595 Enrolled - 752 - LRB104 08153 BAB 18201 b
1 Early Childhood or the officer or employee authorized by the
2 Secretary in writing shall hear the charges, and both the
3 Department of Early Childhood and the licensee shall be
4 allowed to present in person or by counsel such statements,
5 testimony, and evidence as may be pertinent to the charges or
6 to the defense thereto. The hearing officer may continue such
7 hearing from time to time, but not to exceed a single period of
8 30 days, unless special extenuating circumstances make further
9 continuance feasible.
10 (Source: P.A. 103-594, eff. 7-1-26.)
11 (225 ILCS 10/9.1c)
12 (Text of Section before amendment by P.A. 103-594)
13 Sec. 9.1c. Public database of day care homes, group day
14 care homes, and day care centers; license status. No later
15 than July 1, 2018, the Department shall establish and maintain
16 on its official website a searchable database, freely
17 accessible to the public, that provides the following
18 information on each day care home, group day care home, and day
19 care center licensed by the Department: whether, within the
20 past 5 years, the day care home, group day care home, or day
21 care center has had its license revoked by or surrendered to
22 the Department during a child abuse or neglect investigation
23 or its application for a renewal of its license was denied by
24 the Department, and, if so, the dates upon which the license
25 was revoked by or surrendered to the Department or the
HB3595 Enrolled - 753 - LRB104 08153 BAB 18201 b
1 application for a renewal of the license was denied by the
2 Department. The Department may adopt any rules necessary to
3 implement this Section. Nothing in this Section shall be
4 construed to allow or authorize the Department to release or
5 disclose any information that is prohibited from public
6 disclosure under this Act or under any other State or federal
7 law.
8 (Source: P.A. 100-52, eff. 1-1-18.)
9 (Text of Section after amendment by P.A. 103-594)
10 Sec. 9.1c. Public database of early care and education day
11 care homes, group early care and education day care homes, and
12 early care and education day care centers; license status. The
13 Department of Early Childhood shall establish and maintain on
14 its official website a searchable database, freely accessible
15 to the public, that provides the following information on each
16 early care and education day care home, group early care and
17 education day care home, and early care and education day care
18 center licensed by the Department of Early Childhood: whether,
19 within the past 5 years, the early care and education day care
20 home, group early care and education day care home, or early
21 care and education day care center has had its license revoked
22 by or surrendered to the Department of Children and Family
23 Services or the Department of Early Childhood during a child
24 abuse or neglect investigation or its application for a
25 renewal of its license was denied by the Department of
HB3595 Enrolled - 754 - LRB104 08153 BAB 18201 b
1 Children and Family Services or the Department of Early
2 Childhood, and, if so, the dates upon which the license was
3 revoked by or surrendered to the Department of Children and
4 Family Services or the Department of Early Childhood or the
5 application for a renewal of the license was denied by the
6 Department of Children and Family Services or the Department
7 of Early Childhood. The Department of Early Childhood may
8 adopt any rules necessary to implement this Section. Nothing
9 in this Section shall be construed to allow or authorize the
10 Department of Early Childhood to release or disclose any
11 information that is prohibited from public disclosure under
12 this Act or under any other State or federal law.
13 (Source: P.A. 103-594, eff. 7-1-26.)
14 (225 ILCS 10/9.2)
15 (Text of Section before amendment by P.A. 103-594)
16 Sec. 9.2. Toll free number; day care information. The
17 Department of Children and Family Services shall establish and
18 maintain a statewide toll-free telephone number that all
19 persons may use to inquire about the past history and record of
20 a day care facility operating in this State. The past history
21 and record shall include, but shall not be limited to,
22 Department substantiated complaints against a day care
23 facility and Department staff findings of license violations
24 by a day care facility. Information disclosed in accordance
25 with this Section shall be subject to the confidentiality
HB3595 Enrolled - 755 - LRB104 08153 BAB 18201 b
1 requirements provided in this Act.
2 (Source: P.A. 90-671, eff. 1-1-99.)
3 (Text of Section after amendment by P.A. 103-594)
4 Sec. 9.2. Toll-free Toll free number; early care and
5 education day care information. The Department of Children and
6 Family Services and the Department of Early Childhood shall
7 establish and maintain statewide toll-free telephone numbers
8 that all persons may use to inquire about the past history and
9 record of an early care and education provider a day care
10 facility operating in this State under the jurisdiction of
11 each of the Departments. The past history and record shall
12 include, but shall not be limited to, Department substantiated
13 complaints by each Department against an early care and
14 education provider a day care facility and staff findings by
15 each Department of license violations by an early care and
16 education provider a day care facility. Information disclosed
17 in accordance with this Section shall be subject to the
18 confidentiality requirements provided in this Act.
19 (Source: P.A. 103-594, eff. 7-1-26.)
20 (225 ILCS 10/10) (from Ch. 23, par. 2220)
21 (Text of Section before amendment by P.A. 103-594)
22 Sec. 10. Any circuit court, upon application either of the
23 person requesting a hearing or of the Department, may require
24 the attendance of witnesses and the production of relevant
HB3595 Enrolled - 756 - LRB104 08153 BAB 18201 b
1 books and papers before the Department in any hearing relating
2 to the refusal or revocation of licenses. The refusal or
3 neglect to obey the order of the court compelling the
4 attendance or production, is punishable as in other cases of
5 contempt.
6 (Source: P.A. 83-334.)
7 (Text of Section after amendment by P.A. 103-594)
8 Sec. 10. Any circuit court, upon application either of the
9 person requesting a hearing or of the Department of Children
10 and Family Services or the Department of Early Childhood, may
11 require the attendance of witnesses and the production of
12 relevant books and papers before the Department of Children
13 and Family Services or the Department of Early Childhood in
14 any hearing relating to the refusal to renew or the revocation
15 of licenses. The refusal or neglect to obey the order of the
16 court compelling the attendance or production, is punishable
17 as in other cases of contempt.
18 (Source: P.A. 103-594, eff. 7-1-26.)
19 (225 ILCS 10/11.2) (from Ch. 23, par. 2221.2)
20 (Text of Section before amendment by P.A. 103-594)
21 Sec. 11.2. Whenever the Department expressly finds that
22 the continued operation of a child care facility, including
23 such facilities defined in Section 2.10 and unlicensed
24 facilities, jeopardizes the health, safety, morals, or welfare
HB3595 Enrolled - 757 - LRB104 08153 BAB 18201 b
1 of children served by the facility, the Department shall issue
2 an order of closure directing that the operation of the
3 facility terminate immediately, and, if applicable, shall
4 initiate revocation proceedings under Section 9 within ten
5 working days. A facility closed under this Section may not
6 operate during the pendency of any proceeding for the judicial
7 review of the decision of the Department to issue an order of
8 closure or to revoke or refuse to renew the license, except
9 under court order.
10 (Source: P.A. 85-216.)
11 (Text of Section after amendment by P.A. 103-594)
12 Sec. 11.2. Whenever the Department expressly finds that
13 the continued operation of an early care and education
14 provider a child care facility, including such part day
15 programs described facilities defined in paragraph (1) of
16 subsection (d-10) of Section 3 Section 2.10 and unlicensed
17 providers facilities, jeopardizes the health, safety, morals,
18 or welfare of children served by the provider facility, the
19 Department shall issue an order of closure directing that the
20 operation of the provider facility terminate immediately, and,
21 if applicable, shall initiate revocation proceedings under
22 Section 9 within ten working days. A provider facility closed
23 under this Section may not operate during the pendency of any
24 proceeding for the judicial review of the decision of the
25 Department to issue an order of closure or to revoke or refuse
HB3595 Enrolled - 758 - LRB104 08153 BAB 18201 b
1 to renew the license, except under court order.
2 This Section does not apply to unlicensed providers
3 facilities that qualify for an exemption under paragraph (1)
4 of subsection (d-10) of Section 3 Section 2.10, early care and
5 education day care centers, early care and education day care
6 homes, and group early care and education day care homes.
7 (Source: P.A. 103-594, eff. 7-1-26.)
8 (225 ILCS 10/11.3)
9 (This Section may contain text from a Public Act with a
10 delayed effective date)
11 Sec. 11.3. Order of closure; Department of Early
12 Childhood. Whenever the Department of Early Childhood
13 expressly finds that the continued operation of an early care
14 and education a day care center, early care and education day
15 care home, or group early care and education day care home,
16 including a provider described in paragraph (1) of subsection
17 (d-10) of Section 3 facility defined in Section 2.10 and an
18 unlicensed provider facility, jeopardizes the health, safety,
19 morals, or welfare of children served by the provider
20 facility, the Department of Early Childhood shall issue an
21 order of closure directing that the operation of the provider
22 facility terminate immediately, and, if applicable, shall
23 initiate revocation proceedings under Section 9.01 within 10
24 working days. A provider facility closed under this Section
25 may not operate during the pendency of any proceeding for the
HB3595 Enrolled - 759 - LRB104 08153 BAB 18201 b
1 judicial review of the decision of the Department of Early
2 Childhood to issue an order of closure or to revoke or refuse
3 to renew the license, except under court order.
4 (Source: P.A. 103-594, eff. 7-1-26.)
5 (225 ILCS 10/12) (from Ch. 23, par. 2222)
6 (Text of Section before amendment by P.A. 103-594)
7 Sec. 12. Advertisements.
8 (a) In this Section, "advertise" means communication by
9 any public medium originating or distributed in this State,
10 including, but not limited to, newspapers, periodicals,
11 telephone book listings, outdoor advertising signs, radio, or
12 television.
13 (b) A child care facility or child welfare agency licensed
14 or operating under a permit issued by the Department may
15 publish advertisements for the services that the facility is
16 specifically licensed or issued a permit under this Act to
17 provide. A person, group of persons, agency, association,
18 organization, corporation, institution, center, or group who
19 advertises or causes to be published any advertisement
20 offering, soliciting, or promising to perform adoption
21 services as defined in Section 2.24 of this Act is guilty of a
22 Class A misdemeanor and shall be subject to a fine not to
23 exceed $10,000 or 9 months imprisonment for each
24 advertisement, unless that person, group of persons, agency,
25 association, organization, corporation, institution, center,
HB3595 Enrolled - 760 - LRB104 08153 BAB 18201 b
1 or group is (i) licensed or operating under a permit issued by
2 the Department as a child care facility or child welfare
3 agency, (ii) a birth parent or a prospective adoptive parent
4 acting on the birth parent's or prospective adoptive parent's
5 own behalf, or (iii) a licensed attorney advertising the
6 licensed attorney's availability to provide legal services
7 relating to adoption, as permitted by law.
8 (c) Every advertisement published after the effective date
9 of this amendatory Act of the 94th General Assembly shall
10 include the Department-issued license number of the facility
11 or agency.
12 (d) Any licensed child welfare agency providing adoption
13 services that, after the effective date of this amendatory Act
14 of the 94th General Assembly, causes to be published an
15 advertisement containing reckless or intentional
16 misrepresentations concerning adoption services or
17 circumstances material to the placement of a child for
18 adoption is guilty of a Class A misdemeanor and is subject to a
19 fine not to exceed $10,000 or 9 months imprisonment for each
20 advertisement.
21 (e) An out-of-state agency that is not licensed in
22 Illinois and that has a written interagency agreement with one
23 or more Illinois licensed child welfare agencies may advertise
24 under this Section, provided that (i) the out-of-state agency
25 must be officially recognized by the United States Internal
26 Revenue Service as a tax-exempt organization under 501(c)(3)
HB3595 Enrolled - 761 - LRB104 08153 BAB 18201 b
1 of the Internal Revenue Code of 1986 (or any successor
2 provision of federal tax law), (ii) the out-of-state agency
3 provides only international adoption services and is covered
4 by the Intercountry Adoption Act of 2000, (iii) the
5 out-of-state agency displays, in the advertisement, the
6 license number of at least one of the Illinois licensed child
7 welfare agencies with which it has a written agreement, and
8 (iv) the advertisements pertain only to international adoption
9 services. Subsection (d) of this Section shall apply to any
10 out-of-state agencies described in this subsection (e).
11 (f) An advertiser, publisher, or broadcaster, including,
12 but not limited to, newspapers, periodicals, telephone book
13 publishers, outdoor advertising signs, radio stations, or
14 television stations, who knowingly or recklessly advertises or
15 publishes any advertisement offering, soliciting, or promising
16 to perform adoption services, as defined in Section 2.24 of
17 this Act, on behalf of a person, group of persons, agency,
18 association, organization, corporation, institution, center,
19 or group, not authorized to advertise under subsection (b) or
20 subsection (e) of this Section, is guilty of a Class A
21 misdemeanor and is subject to a fine not to exceed $10,000 or 9
22 months imprisonment for each advertisement.
23 (g) The Department shall maintain a website listing child
24 welfare agencies licensed by the Department that provide
25 adoption services and other general information for birth
26 parents and adoptive parents. The website shall include, but
HB3595 Enrolled - 762 - LRB104 08153 BAB 18201 b
1 not be limited to, agency addresses, phone numbers, e-mail
2 addresses, website addresses, annual reports as referenced in
3 Section 7.6 of this Act, agency license numbers, the Birth
4 Parent Bill of Rights, the Adoptive Parents Bill of Rights,
5 and the Department's complaint registry established under
6 Section 9.1a of this Act. The Department shall adopt any rules
7 necessary to implement this Section.
8 (h) Nothing in this Act shall prohibit a day care agency,
9 day care center, day care home, or group day care home that
10 does not provide or perform adoption services, as defined in
11 Section 2.24 of this Act, from advertising or marketing the
12 day care agency, day care center, day care home, or group day
13 care home.
14 (Source: P.A. 103-22, eff. 8-8-23.)
15 (Text of Section after amendment by P.A. 103-594)
16 Sec. 12. Advertisements; Department of Children and Family
17 Services.
18 (a) In this Section, "advertise" means communication by
19 any public medium originating or distributed in this State,
20 including, but not limited to, newspapers, periodicals,
21 telephone book listings, outdoor advertising signs, radio, or
22 television.
23 (b) With the exception of early care and education day
24 care centers, early care and education day care homes, and
25 group early care and education day care homes, an early care
HB3595 Enrolled - 763 - LRB104 08153 BAB 18201 b
1 and education provider a child care facility or child welfare
2 agency licensed or operating under a permit issued by the
3 Department may publish advertisements for the services that
4 the provider facility is specifically licensed or issued a
5 permit under this Act to provide. A person, group of persons,
6 agency, association, organization, corporation, institution,
7 center, or group who advertises or causes to be published any
8 advertisement offering, soliciting, or promising to perform
9 adoption services as defined in Section 2.24 of this Act is
10 guilty of a Class A misdemeanor and shall be subject to a fine
11 not to exceed $10,000 or 9 months imprisonment for each
12 advertisement, unless that person, group of persons, agency,
13 association, organization, corporation, institution, center,
14 or group is (i) licensed or operating under a permit issued by
15 the Department as a child care facility or child welfare
16 agency, (ii) a birth parent or a prospective adoptive parent
17 acting on the birth parent's or prospective adoptive parent's
18 own behalf, or (iii) a licensed attorney advertising the
19 licensed attorney's availability to provide legal services
20 relating to adoption, as permitted by law.
21 (c) Every advertisement published after the effective date
22 of this amendatory Act of the 94th General Assembly shall
23 include the Department-issued license number of the provider
24 facility or agency.
25 (d) Any licensed child welfare agency providing adoption
26 services that, after the effective date of this amendatory Act
HB3595 Enrolled - 764 - LRB104 08153 BAB 18201 b
1 of the 94th General Assembly, causes to be published an
2 advertisement containing reckless or intentional
3 misrepresentations concerning adoption services or
4 circumstances material to the placement of a child for
5 adoption is guilty of a Class A misdemeanor and is subject to a
6 fine not to exceed $10,000 or 9 months imprisonment for each
7 advertisement.
8 (e) An out-of-state agency that is not licensed in
9 Illinois and that has a written interagency agreement with one
10 or more Illinois licensed child welfare agencies may advertise
11 under this Section, provided that (i) the out-of-state agency
12 must be officially recognized by the United States Internal
13 Revenue Service as a tax-exempt organization under 501(c)(3)
14 of the Internal Revenue Code of 1986 (or any successor
15 provision of federal tax law), (ii) the out-of-state agency
16 provides only international adoption services and is covered
17 by the Intercountry Adoption Act of 2000, (iii) the
18 out-of-state agency displays, in the advertisement, the
19 license number of at least one of the Illinois licensed child
20 welfare agencies with which it has a written agreement, and
21 (iv) the advertisements pertain only to international adoption
22 services. Subsection (d) of this Section shall apply to any
23 out-of-state agencies described in this subsection (e).
24 (f) An advertiser, publisher, or broadcaster, including,
25 but not limited to, newspapers, periodicals, telephone book
26 publishers, outdoor advertising signs, radio stations, or
HB3595 Enrolled - 765 - LRB104 08153 BAB 18201 b
1 television stations, who knowingly or recklessly advertises or
2 publishes any advertisement offering, soliciting, or promising
3 to perform adoption services, as defined in Section 2.24 of
4 this Act, on behalf of a person, group of persons, agency,
5 association, organization, corporation, institution, center,
6 or group, not authorized to advertise under subsection (b) or
7 subsection (e) of this Section, is guilty of a Class A
8 misdemeanor and is subject to a fine not to exceed $10,000 or 9
9 months imprisonment for each advertisement.
10 (g) The Department shall maintain a website listing child
11 welfare agencies licensed by the Department that provide
12 adoption services and other general information for birth
13 parents and adoptive parents. The website shall include, but
14 not be limited to, agency addresses, phone numbers, e-mail
15 addresses, website addresses, annual reports as referenced in
16 Section 7.6 of this Act, agency license numbers, the Birth
17 Parent Bill of Rights, the Adoptive Parents Bill of Rights,
18 and the Department's complaint registry established under
19 Section 9.1a of this Act. The Department shall adopt any rules
20 necessary to implement this Section.
21 (h) (Blank).
22 (Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26.)
23 (225 ILCS 10/12.1)
24 (This Section may contain text from a Public Act with a
25 delayed effective date)
HB3595 Enrolled - 766 - LRB104 08153 BAB 18201 b
1 Sec. 12.1. Advertisements; Department of Early Childhood.
2 (a) In this Section, "advertise" means communication by
3 any public medium originating or distributed in this State,
4 including, but not limited to, newspapers, periodicals,
5 telephone book listings, outdoor advertising signs, radio, or
6 television.
7 (b) An early care and education A day care center, early
8 care and education day care home, or group early care and
9 education day care home licensed or operating under a permit
10 issued by the Department of Early Childhood may publish
11 advertisements for the services that the early care and
12 education day care center, early care and education day care
13 home, or group early care and education day care home is
14 specifically licensed or issued a permit under this Act to
15 provide. A person, group of persons, agency, association,
16 organization, corporation, institution, center, or group that
17 advertises or causes to be published any advertisement
18 offering, soliciting, or promising to perform adoption
19 services as defined in Section 2.24 of this Act is guilty of a
20 Class A misdemeanor and shall be subject to a fine not to
21 exceed $10,000 or 9 months' imprisonment for each
22 advertisement, unless that person, group of persons, agency,
23 association, organization, corporation, institution, center,
24 or group is licensed or operating under a permit issued by
25 Department of Early Childhood as an early care and education a
26 day care center, early care and education day care home, or
HB3595 Enrolled - 767 - LRB104 08153 BAB 18201 b
1 group early care and education day care home, as permitted by
2 law.
3 (c) Every advertisement published after the effective date
4 of this amendatory Act of the 103rd General Assembly shall
5 include the Department of Early Childhood license number of
6 the provider facility or agency.
7 (Source: P.A. 103-594, eff. 7-1-26.)
8 (225 ILCS 10/15) (from Ch. 23, par. 2225)
9 (Text of Section before amendment by P.A. 103-594)
10 Sec. 15. Every child care facility must keep and maintain
11 such records as the Department may prescribe pertaining to the
12 admission, progress, health and discharge of children under
13 the care of the facility and shall report relative thereto to
14 the Department whenever called for, upon forms prescribed by
15 the Department. All records regarding children and all facts
16 learned about children and their relatives must be kept
17 confidential both by the child care facility and by the
18 Department.
19 Nothing contained in this Act prevents the sharing or
20 disclosure of information or records relating or pertaining to
21 juveniles subject to the provisions of the Serious Habitual
22 Offender Comprehensive Action Program when that information is
23 used to assist in the early identification and treatment of
24 habitual juvenile offenders.
25 Nothing contained in this Act prevents the disclosure of
HB3595 Enrolled - 768 - LRB104 08153 BAB 18201 b
1 information or records by a licensed child welfare agency as
2 required under subsection (c-5) of Section 7.4.
3 (Source: P.A. 94-1010, eff. 10-1-06.)
4 (Text of Section after amendment by P.A. 103-594)
5 Sec. 15. With the exception of early care and education
6 day care centers, early care and education day care homes, and
7 group early care and education day care homes, every early
8 care and education provider child care facility must keep and
9 maintain such records as the Department may prescribe
10 pertaining to the admission, progress, health and discharge of
11 children under the care of the provider facility and shall
12 report relative thereto to the Department whenever called for,
13 upon forms prescribed by the Department. All records regarding
14 children and all facts learned about children and their
15 relatives must be kept confidential both by the early care and
16 education provider child care facility and by the Department.
17 Nothing contained in this Act prevents the sharing or
18 disclosure of information or records relating or pertaining to
19 juveniles subject to the provisions of the Serious Habitual
20 Offender Comprehensive Action Program when that information is
21 used to assist in the early identification and treatment of
22 habitual juvenile offenders.
23 Nothing contained in this Act prevents the disclosure of
24 information or records by a licensed child welfare agency as
25 required under subsection (c-5) of Section 7.4.
HB3595 Enrolled - 769 - LRB104 08153 BAB 18201 b
1 (Source: P.A. 103-594, eff. 7-1-26.)
2 (225 ILCS 10/15.1)
3 (This Section may contain text from a Public Act with a
4 delayed effective date)
5 Sec. 15.1. Records; confidentiality; Department of Early
6 Childhood. Every early care and education day care center,
7 early care and education day care home, and group early care
8 and education day care home must keep and maintain such
9 records as the Department of Early Childhood may prescribe
10 pertaining to the admission, progress, health and discharge of
11 children under the care of the early care and education day
12 care center, early care and education day care home, or group
13 early care and education day care home, and shall report
14 relative thereto to the Department of Early Childhood whenever
15 called for, upon forms prescribed by the Department of Early
16 Childhood. All records regarding children and all facts
17 learned about children and their relatives must be kept
18 confidential both by the early care and education day care
19 center, early care and education day care home, or group early
20 care and education day care home and by the Department of Early
21 Childhood.
22 (Source: P.A. 103-594, eff. 7-1-26.)
23 (225 ILCS 10/18) (from Ch. 23, par. 2228)
24 (Text of Section before amendment by P.A. 103-594)
HB3595 Enrolled - 770 - LRB104 08153 BAB 18201 b
1 Sec. 18. Any person, group of persons, association, or
2 corporation that:
3 (1) conducts, operates, or acts as a child care
4 facility without a license or permit to do so in violation
5 of Section 3 of this Act;
6 (2) makes materially false statements in order to
7 obtain a license or permit;
8 (3) fails to keep the records and make the reports
9 provided under this Act;
10 (4) advertises any service not authorized by license
11 or permit held;
12 (5) publishes any advertisement in violation of this
13 Act;
14 (6) receives within this State any child in violation
15 of Section 16 of this Act; or
16 (7) violates any other provision of this Act or any
17 reasonable rule or regulation adopted and published by the
18 Department for the enforcement of the provisions of this
19 Act;
20 is guilty of a Class A misdemeanor and, in case of an
21 association or corporation, imprisonment may be imposed upon
22 its officers who knowingly participated in the violation.
23 Any child care facility that continues to operate after
24 its license is revoked under Section 8 of this Act or after its
25 license expires and the Department refused to renew the
26 license as provided in Section 8 of this Act is guilty of a
HB3595 Enrolled - 771 - LRB104 08153 BAB 18201 b
1 business offense and shall be fined an amount in excess of $500
2 but not exceeding $10,000, and each day of violation is a
3 separate offense.
4 In a prosecution under this Act, a defendant who relies
5 upon the relationship of any child to the defendant has the
6 burden of proof as to that relationship.
7 (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24;
8 104-417, eff. 8-15-25.)
9 (Text of Section after amendment by P.A. 103-594)
10 Sec. 18. Any person, group of persons, association, or
11 corporation that, with respect to an early care and education
12 provider a child care facility other than an early care and
13 education a day care center, early care and education day care
14 home, or group early care and education day care home:
15 (1) conducts, operates, or acts as an early care
16 and education provider a child care facility without a
17 license or permit to do so in violation of Section 3 of
18 this Act;
19 (2) makes materially false statements in order to
20 obtain a license or permit;
21 (3) fails to keep the records and make the reports
22 provided under this Act;
23 (4) advertises any service not authorized by
24 license or permit held;
25 (5) publishes any advertisement in violation of
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1 this Act;
2 (6) receives within this State any child in
3 violation of Section 16 of this Act; or
4 (7) violates any other provision of this Act or
5 any reasonable rule or regulation adopted and
6 published by the Department for the enforcement of the
7 provisions of this Act;
8 is guilty of a Class A misdemeanor and, in case of an
9 association or corporation, imprisonment may be imposed upon
10 its officers who knowingly participated in the violation.
11 Any early care and education provider child care facility
12 (other than an early care and education a day care center,
13 early care and education day care home, or group early care and
14 education day care home) that continues to operate after its
15 license is revoked under Section 8 of this Act or after its
16 license expires and the Department refused to renew the
17 license as provided in Section 8 of this Act is guilty of a
18 business offense and shall be fined an amount in excess of $500
19 but not exceeding $10,000, and each day of violation is a
20 separate offense.
21 In a prosecution under this Act, a defendant who relies
22 upon the relationship of any child to the defendant has the
23 burden of proof as to that relationship.
24 (Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26;
25 103-605, eff. 7-1-24; 104-417, eff. 8-15-25.)
HB3595 Enrolled - 773 - LRB104 08153 BAB 18201 b
1 (225 ILCS 10/18.1)
2 (This Section may contain text from a Public Act with a
3 delayed effective date)
4 Sec. 18.1. Violations; early care and education day care
5 center, early care and education day care home, or group early
6 care and education day care home. Any person, group of
7 persons, association, or corporation that:
8 (1) conducts, operates, or acts as an early care and
9 education a day care center, early care and education day
10 care home, or group early care and education day care home
11 without a license or permit to do so in violation of
12 Section 3.01 of this Act;
13 (2) makes materially false statements in order to
14 obtain a license or permit;
15 (3) fails to keep the records and make the reports
16 provided under this Act;
17 (4) advertises any service not authorized by license
18 or permit held;
19 (5) publishes any advertisement in violation of this
20 Act;
21 (6) receives within this State any child in violation
22 of Section 16.1 of this Act; or
23 (7) violates any other provision of this Act or any
24 reasonable rule or regulation adopted and published by the
25 Department of Early Childhood for the enforcement of the
26 provisions of this Act;
HB3595 Enrolled - 774 - LRB104 08153 BAB 18201 b
1 is guilty of a Class A misdemeanor and, in the case of an
2 association or corporation, imprisonment may be imposed upon
3 its officers who knowingly participated in the violation.
4 Any early care and education day care center, early care
5 and education day care home, or group early care and education
6 day care home that continues to operate after its license is
7 revoked under Section 8 or 8a of this Act or after its license
8 expires and the Department of Early Childhood refused to renew
9 the license as provided in Section 8 or 8a of this Act is
10 guilty of a business offense and shall be fined an amount in
11 excess of $500 but not exceeding $10,000. Each day of
12 violation is a separate offense.
13 In a prosecution under this Act, a defendant who relies
14 upon the relationship of any child to the defendant has the
15 burden of proof as to that relationship.
16 (Source: P.A. 103-594, eff. 7-1-26; 104-417, eff. 8-15-25.)
17 (225 ILCS 10/2.10 rep.)
18 (225 ILCS 10/3.7 rep.)
19 (225 ILCS 10/16.1 rep.)
20 Section 184. The Child Care Act of 1969 is amended by
21 repealing Sections 2.10, 3.7, and 16.1.
22 Section 190. The Structural Pest Control Act is amended by
23 changing Sections 2, 3.03, 3.27, 10.2, 10.3, and 21.1 as
24 follows:
HB3595 Enrolled - 775 - LRB104 08153 BAB 18201 b
1 (225 ILCS 235/2) (from Ch. 111 1/2, par. 2202)
2 (Section scheduled to be repealed on December 31, 2029)
3 Sec. 2. Legislative intent. It is declared that there
4 exists and may in the future exist within the State of Illinois
5 locations where pesticides are received, stored, formulated or
6 prepared and subsequently used for the control of structural
7 pests, and improper selection, formulation and application of
8 pesticides may adversely affect the public health and general
9 welfare.
10 It is further established that the use of certain
11 pesticides is restricted or may in the future be restricted to
12 use only by or under the supervision of persons certified in
13 accordance with this Act.
14 It is recognized that pests can best be controlled through
15 an integrated pest management program that combines preventive
16 techniques, nonchemical pest control methods, and the
17 appropriate use of pesticides with preference for products
18 that are the least harmful to human health and the
19 environment. Integrated pest management is a good practice in
20 the management of pest populations, and it is prudent to
21 employ pest control strategies that are the least hazardous to
22 human health and the environment.
23 Therefore, the purpose of this Act is to protect, promote
24 and preserve the public health and general welfare by
25 providing for the establishment of minimum standards for
HB3595 Enrolled - 776 - LRB104 08153 BAB 18201 b
1 selection, formulation and application of restricted
2 pesticides and to provide for the licensure of commercial
3 structural pest control businesses, the registration of
4 persons who own or operate non-commercial structural pest
5 control locations where restricted pesticides are used, and
6 the certification of pest control technicians.
7 It is also the purpose of this Act to reduce economic,
8 health, and environmental risks by promoting the use of
9 integrated pest management for structural pest control in
10 schools and early care and education day care centers, by
11 making guidelines on integrated pest management available to
12 schools and early care and education day care centers.
13 (Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786,
14 eff. 8-7-08.)
15 (225 ILCS 235/3.03) (from Ch. 111 1/2, par. 2203.03)
16 (Section scheduled to be repealed on December 31, 2029)
17 Sec. 3.03. "Person" means any individual, group of
18 individuals, association, trust, partnership, corporation,
19 person doing business under an assumed name, the State of
20 Illinois, or department thereof, any other state-owned and
21 operated institution, public school, licensed early care and
22 education day care center, or any other entity.
23 (Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08;
24 96-1362, eff. 7-28-10.)
HB3595 Enrolled - 777 - LRB104 08153 BAB 18201 b
1 (225 ILCS 235/3.27)
2 (Section scheduled to be repealed on December 31, 2029)
3 Sec. 3.27. "Early care and education Day care center"
4 means any structure used as a licensed early care and
5 education day care center in this State.
6 (Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786,
7 eff. 8-7-08.)
8 (225 ILCS 235/10.2) (from Ch. 111 1/2, par. 2210.2)
9 (Section scheduled to be repealed on December 31, 2029)
10 Sec. 10.2. Integrated pest management guidelines;
11 notification; training of designated persons; request for
12 copies.
13 (a) The Department shall prepare guidelines for an
14 integrated pest management program for structural pest control
15 practices at school buildings and other school facilities and
16 early care and education day care centers. Such guidelines
17 shall be made available to schools, early care and education
18 day care centers and the public upon request.
19 (b) When economically feasible, each school and early care
20 and education day care center is required to develop and
21 implement an integrated pest management program that
22 incorporates the guidelines developed by the Department. Each
23 school and early care and education day care center must
24 notify the Department, within one year after the effective
25 date of this amendatory Act of the 95th General Assembly and
HB3595 Enrolled - 778 - LRB104 08153 BAB 18201 b
1 every 5 years thereafter, on forms provided by the Department
2 that the school or early care and education day care center has
3 developed and is implementing an integrated pest management
4 program. In implementing an integrated pest management
5 program, a school or early care and education day care center
6 must assign a designated person to assume responsibility for
7 the oversight of pest management practices in that school or
8 early care and education day care center and for recordkeeping
9 requirements.
10 (b-1) If adopting an integrated pest management program is
11 not economically feasible because such adoption would result
12 in an increase in the pest control costs of the school or early
13 care and education day care center, the school or early care
14 and education day care center must provide, within one year
15 after the effective date of this amendatory Act of the 95th
16 General Assembly and every 5 years thereafter, written
17 notification to the Department, on forms provided by the
18 Department, that the development and implementation of an
19 integrated pest management program is not economically
20 feasible. The notification must include projected pest control
21 costs for the term of the pest control program and projected
22 costs for implementing an integrated pest management program
23 for that same time period.
24 (b-2) Each school or early care and education day care
25 center that provides written notification to the Department
26 that the adoption of an integrated pest management program is
HB3595 Enrolled - 779 - LRB104 08153 BAB 18201 b
1 not economically feasible pursuant to subsection (b-1) of this
2 Section must have its designated person attend a training
3 course on integrated pest management within one year after the
4 effective date of this amendatory Act of the 95th General
5 Assembly, and every 5 years thereafter until an integrated
6 pest management program is developed and implemented in the
7 school or early care and education day care center. The
8 training course shall be approved by the Department in
9 accordance with the minimum standards established by the
10 Department under this Act.
11 (b-3) Each school and early care and education day care
12 center shall ensure that all parents, guardians, and employees
13 are notified at least once each school year that the
14 notification requirements established by this Section have
15 been met. The school and early care and education day care
16 center shall keep copies of all notifications required by this
17 Section and any written integrated pest management program
18 plan developed in accordance with this Section and make these
19 copies available for public inspection at the school or early
20 care and education day care center.
21 (c) The Structural Pest Control Advisory Council shall
22 assist the Department in developing the guidelines for
23 integrated pest management programs. In developing the
24 guidelines, the Council shall consult with individuals
25 knowledgeable in the area of integrated pest management.
26 (d) The Department, with the assistance of the Cooperative
HB3595 Enrolled - 780 - LRB104 08153 BAB 18201 b
1 Extension Service and other relevant agencies, may prepare a
2 training program for school or early care and education day
3 care center pest control specialists.
4 (e) The Department may request copies of a school's or
5 early care and education day care center's integrated pest
6 management program plan and notification required by this Act
7 and offer assistance and training to schools and early care
8 and education day care centers on integrated pest management
9 programs.
10 (f) The requirements of this Section are subject to
11 appropriation to the Department for the implementation of
12 integrated pest management programs.
13 (Source: P.A. 95-58, eff. 8-10-07; reenacted by P.A. 95-786,
14 eff. 8-7-08.)
15 (225 ILCS 235/10.3)
16 (Section scheduled to be repealed on December 31, 2029)
17 Sec. 10.3. Notification. School districts and early care
18 and education day care centers must maintain a registry of
19 parents and guardians of students and employees who have
20 registered to receive written or telephonic notification prior
21 to application of pesticides to school property or early care
22 and education day care centers or provide written or
23 telephonic notification to all parents and guardians of
24 students before such pesticide application. Written
25 notification may be included in newsletters, bulletins,
HB3595 Enrolled - 781 - LRB104 08153 BAB 18201 b
1 calendars, or other correspondence currently published by the
2 school district or early care and education day care center.
3 The written or telephonic notification must be given at least
4 2 business days before application of the pesticide
5 application and should identify the intended date of the
6 application of the pesticide and the name and telephone
7 contact number for the school or early care and education day
8 care center personnel responsible for the pesticide
9 application program. Prior notice shall not be required if
10 there is an imminent threat to health or property. If such a
11 situation arises, the appropriate school or early care and
12 education day care center personnel must sign a statement
13 describing the circumstances that gave rise to the health
14 threat and ensure that written or telephonic notice is
15 provided as soon as practicable. For purposes of this Section,
16 pesticides subject to notification requirements shall not
17 include (i) an antimicrobial agent, such as disinfectant,
18 sanitizer, or deodorizer, or (ii) insecticide baits and
19 rodenticide baits.
20 (Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786,
21 eff. 8-7-08; 96-1362, eff. 7-28-10.)
22 (225 ILCS 235/21.1) (from Ch. 111 1/2, par. 2221.1)
23 (Section scheduled to be repealed on December 31, 2029)
24 Sec. 21.1. Administrative civil fines. The Department is
25 empowered to assess administrative civil fines in accordance
HB3595 Enrolled - 782 - LRB104 08153 BAB 18201 b
1 with Section 15 of this Act against a licensee, registrant,
2 certified technician, person, public school, licensed early
3 care and education day care center, or other entity for
4 violations of this Act or its rules and regulations. These
5 fines shall be established by the Department by rule and may be
6 assessed in addition to, or in lieu of, license, registration,
7 or certification suspensions and revocations.
8 Any fine assessed and not paid within 60 days after
9 receiving notice from the Department may be submitted to the
10 Attorney General's Office, or any other public or private
11 agency, for collection of the amounts owed plus any fees and
12 costs incurred during the collection process. Failure to pay a
13 fine shall also be grounds for immediate suspension or
14 revocation of a license, registration, or certification issued
15 under this Act.
16 (Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08;
17 96-1362, eff. 7-28-10.)
18 Section 200. The Liquor Control Act of 1934 is amended by
19 changing Section 6-15 as follows:
20 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
21 Sec. 6-15. No alcoholic liquors shall be sold or delivered
22 in any building belonging to or under the control of the State
23 or any political subdivision thereof except as provided in
24 this Act. The corporate authorities of any city, village,
HB3595 Enrolled - 783 - LRB104 08153 BAB 18201 b
1 incorporated town, township, or county may provide by
2 ordinance, however, that alcoholic liquor may be sold or
3 delivered in any specifically designated building belonging to
4 or under the control of the municipality, township, or county,
5 or in any building located on land under the control of the
6 municipality, township, or county; provided that such township
7 or county complies with all applicable local ordinances in any
8 incorporated area of the township or county. Alcoholic liquor
9 may be delivered to and sold under the authority of a special
10 use permit on any property owned by a conservation district
11 organized under the Conservation District Act, provided that
12 (i) the alcoholic liquor is sold only at an event authorized by
13 the governing board of the conservation district, (ii) the
14 issuance of the special use permit is authorized by the local
15 liquor control commissioner of the territory in which the
16 property is located, and (iii) the special use permit
17 authorizes the sale of alcoholic liquor for one day or less.
18 Alcoholic liquors may be delivered to and sold at any airport
19 belonging to or under the control of a municipality of more
20 than 25,000 inhabitants, or in any building or on any golf
21 course owned by a park district organized under the Park
22 District Code, subject to the approval of the governing board
23 of the district, or in any building or on any golf course owned
24 by a forest preserve district organized under the Downstate
25 Forest Preserve District Act, subject to the approval of the
26 governing board of the district, or on the grounds within 500
HB3595 Enrolled - 784 - LRB104 08153 BAB 18201 b
1 feet of any building owned by a forest preserve district
2 organized under the Downstate Forest Preserve District Act
3 during times when food is dispensed for consumption within 500
4 feet of the building from which the food is dispensed, subject
5 to the approval of the governing board of the district, or in a
6 building owned by a Local Mass Transit District organized
7 under the Local Mass Transit District Act, subject to the
8 approval of the governing Board of the District, or in
9 Bicentennial Park, or on the premises of the City of Mendota
10 Lake Park located adjacent to Route 51 in Mendota, Illinois,
11 or on the premises of Camden Park in Milan, Illinois, or in the
12 community center owned by the City of Loves Park that is
13 located at 1000 River Park Drive in Loves Park, Illinois, or,
14 in connection with the operation of an established food
15 serving facility during times when food is dispensed for
16 consumption on the premises, and at the following aquarium and
17 museums located in public parks: Art Institute of Chicago,
18 Chicago Academy of Sciences, Chicago Historical Society, Field
19 Museum of Natural History, Museum of Science and Industry,
20 DuSable Museum of African American History, John G. Shedd
21 Aquarium and Adler Planetarium, or at Lakeview Museum of Arts
22 and Sciences in Peoria, or in connection with the operation of
23 the facilities of the Chicago Zoological Society or the
24 Chicago Horticultural Society on land owned by the Forest
25 Preserve District of Cook County, or on any land used for a
26 golf course or for recreational purposes owned by the Forest
HB3595 Enrolled - 785 - LRB104 08153 BAB 18201 b
1 Preserve District of Cook County, subject to the control of
2 the Forest Preserve District Board of Commissioners and
3 applicable local law, provided that dram shop liability
4 insurance is provided at maximum coverage limits so as to hold
5 the District harmless from all financial loss, damage, and
6 harm, or in any building located on land owned by the Chicago
7 Park District if approved by the Park District Commissioners,
8 or on any land used for a golf course or for recreational
9 purposes and owned by the Illinois International Port District
10 if approved by the District's governing board, or at any
11 airport, golf course, faculty center, or facility in which
12 conference and convention type activities take place belonging
13 to or under control of any State university or public
14 community college district, provided that with respect to a
15 facility for conference and convention type activities
16 alcoholic liquors shall be limited to the use of the
17 convention or conference participants or participants in
18 cultural, political or educational activities held in such
19 facilities, and provided further that the faculty or staff of
20 the State university or a public community college district,
21 or members of an organization of students, alumni, faculty or
22 staff of the State university or a public community college
23 district are active participants in the conference or
24 convention, or in Memorial Stadium on the campus of the
25 University of Illinois at Urbana-Champaign during games in
26 which the Chicago Bears professional football team is playing
HB3595 Enrolled - 786 - LRB104 08153 BAB 18201 b
1 in that stadium during the renovation of Soldier Field, not
2 more than one and a half hours before the start of the game and
3 not after the end of the third quarter of the game, or in the
4 Pavilion Facility on the campus of the University of Illinois
5 at Chicago during games in which the Chicago Storm
6 professional soccer team is playing in that facility, not more
7 than one and a half hours before the start of the game and not
8 after the end of the third quarter of the game, or in the
9 Pavilion Facility on the campus of the University of Illinois
10 at Chicago during games in which the WNBA professional women's
11 basketball team is playing in that facility, not more than one
12 and a half hours before the start of the game and not after the
13 10-minute mark of the second half of the game, or by a catering
14 establishment which has rented facilities from a board of
15 trustees of a public community college district, or in a
16 restaurant that is operated by a commercial tenant in the
17 North Campus Parking Deck building that (1) is located at 1201
18 West University Avenue, Urbana, Illinois and (2) is owned by
19 the Board of Trustees of the University of Illinois, or, if
20 approved by the District board, on land owned by the
21 Metropolitan Sanitary District of Greater Chicago and leased
22 to others for a term of at least 20 years. Nothing in this
23 Section precludes the sale or delivery of alcoholic liquor in
24 the form of original packaged goods in premises located at 500
25 S. Racine in Chicago belonging to the University of Illinois
26 and used primarily as a grocery store by a commercial tenant
HB3595 Enrolled - 787 - LRB104 08153 BAB 18201 b
1 during the term of a lease that predates the University's
2 acquisition of the premises; but the University shall have no
3 power or authority to renew, transfer, or extend the lease
4 with terms allowing the sale of alcoholic liquor; and the sale
5 of alcoholic liquor shall be subject to all local laws and
6 regulations. After the acquisition by Winnebago County of the
7 property located at 404 Elm Street in Rockford, a commercial
8 tenant who sold alcoholic liquor at retail on a portion of the
9 property under a valid license at the time of the acquisition
10 may continue to do so for so long as the tenant and the County
11 may agree under existing or future leases, subject to all
12 local laws and regulations regarding the sale of alcoholic
13 liquor. Alcoholic liquors may be delivered to and sold at
14 Memorial Hall, located at 211 North Main Street, Rockford,
15 under conditions approved by Winnebago County and subject to
16 all local laws and regulations regarding the sale of alcoholic
17 liquor. Each facility shall provide dram shop liability in
18 maximum insurance coverage limits so as to save harmless the
19 State, municipality, State university, airport, golf course,
20 faculty center, facility in which conference and convention
21 type activities take place, park district, Forest Preserve
22 District, public community college district, aquarium, museum,
23 or sanitary district from all financial loss, damage or harm.
24 Alcoholic liquors may be sold at retail in buildings of golf
25 courses owned by municipalities or Illinois State University
26 in connection with the operation of an established food
HB3595 Enrolled - 788 - LRB104 08153 BAB 18201 b
1 serving facility during times when food is dispensed for
2 consumption upon the premises. Alcoholic liquors may be
3 delivered to and sold at retail in any building owned by a fire
4 protection district organized under the Fire Protection
5 District Act, provided that such delivery and sale is approved
6 by the board of trustees of the district, and provided further
7 that such delivery and sale is limited to fundraising events
8 and to a maximum of 6 events per year. However, the limitation
9 to fundraising events and to a maximum of 6 events per year
10 does not apply to the delivery, sale, or manufacture of
11 alcoholic liquors at the building located at 59 Main Street in
12 Oswego, Illinois, owned by the Oswego Fire Protection District
13 if the alcoholic liquor is sold or dispensed as approved by the
14 Oswego Fire Protection District and the property is no longer
15 being utilized for fire protection purposes.
16 Alcoholic liquors may be served or sold in buildings under
17 the control of the Board of Trustees of the University of
18 Illinois for events that the Board may determine are public
19 events and not related student activities. The Board of
20 Trustees shall issue a written policy within 6 months of
21 August 15, 2008 (the effective date of Public Act 95-847)
22 concerning the types of events that would be eligible for an
23 exemption. Thereafter, the Board of Trustees may issue
24 revised, updated, new, or amended policies as it deems
25 necessary and appropriate. In preparing its written policy,
26 the Board of Trustees shall, among other factors it considers
HB3595 Enrolled - 789 - LRB104 08153 BAB 18201 b
1 relevant and important, give consideration to the following:
2 (i) whether the event is a student activity or student-related
3 activity; (ii) whether the physical setting of the event is
4 conducive to control of liquor sales and distribution; (iii)
5 the ability of the event operator to ensure that the sale or
6 serving of alcoholic liquors and the demeanor of the
7 participants are in accordance with State law and University
8 policies; (iv) regarding the anticipated attendees at the
9 event, the relative proportion of individuals under the age of
10 21 to individuals age 21 or older; (v) the ability of the venue
11 operator to prevent the sale or distribution of alcoholic
12 liquors to individuals under the age of 21; (vi) whether the
13 event prohibits participants from removing alcoholic beverages
14 from the venue; and (vii) whether the event prohibits
15 participants from providing their own alcoholic liquors to the
16 venue. In addition, any policy submitted by the Board of
17 Trustees to the Illinois Liquor Control Commission must
18 require that any event at which alcoholic liquors are served
19 or sold in buildings under the control of the Board of Trustees
20 shall require the prior written approval of the Office of the
21 Chancellor for the University campus where the event is
22 located. The Board of Trustees shall submit its policy, and
23 any subsequently revised, updated, new, or amended policies,
24 to the Illinois Liquor Control Commission, and any University
25 event, or location for an event, exempted under such policies
26 shall apply for a license under the applicable Sections of
HB3595 Enrolled - 790 - LRB104 08153 BAB 18201 b
1 this Act.
2 Alcoholic liquors may be served or sold in buildings under
3 the control of the Board of Trustees of Northern Illinois
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 June 28, 2011 (the effective date of Public Act 97-45)
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
HB3595 Enrolled - 791 - LRB104 08153 BAB 18201 b
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 Chicago 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 August 2, 2013 (the effective date of Public Act 98-132)
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
HB3595 Enrolled - 792 - LRB104 08153 BAB 18201 b
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 Illinois State
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 March 1, 2013 (the effective date of Public Act 97-1166)
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)
HB3595 Enrolled - 793 - LRB104 08153 BAB 18201 b
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 Southern Illinois
7 University for events that the Board may determine are public
8 events and not student-related activities. The Board of
9 Trustees shall issue a written policy within 6 months after
10 August 12, 2016 (the effective date of Public Act 99-795)
11 concerning the types of events that would be eligible for an
12 exemption. Thereafter, the Board of Trustees may issue
13 revised, updated, new, or amended policies as it deems
14 necessary and appropriate. In preparing its written policy,
15 the Board of Trustees shall, in addition to other factors it
16 considers relevant and important, give consideration to the
17 following: (i) whether the event is a student activity or
18 student-related activity; (ii) whether the physical setting of
19 the event is conducive to control of liquor sales and
20 distribution; (iii) the ability of the event operator to
21 ensure that the sale or serving of alcoholic liquors and the
22 demeanor of the participants are in accordance with State law
23 and University policies; (iv) the anticipated attendees at the
24 event and the relative proportion of individuals under the age
25 of 21 to individuals age 21 or older; (v) the ability of the
26 venue operator to prevent the sale or distribution of
HB3595 Enrolled - 794 - LRB104 08153 BAB 18201 b
1 alcoholic liquors to individuals under the age of 21; (vi)
2 whether the event prohibits participants from removing
3 alcoholic beverages from the venue; and (vii) whether the
4 event prohibits participants from providing their own
5 alcoholic liquors to the venue.
6 Alcoholic liquors may be served or sold in buildings under
7 the control of the Board of Trustees of a public university for
8 events that the Board of Trustees of that public university
9 may determine are public events and not student-related
10 activities. If the Board of Trustees of a public university
11 has not issued a written policy pursuant to an exemption under
12 this Section on or before July 15, 2016 (the effective date of
13 Public Act 99-550), then that Board of Trustees shall issue a
14 written policy within 6 months after July 15, 2016 (the
15 effective date of Public Act 99-550) concerning the types of
16 events that would be eligible for an exemption. Thereafter,
17 the Board of Trustees may issue revised, updated, new, or
18 amended policies as it deems necessary and appropriate. In
19 preparing its written policy, the Board of Trustees shall, in
20 addition to other factors it considers relevant and important,
21 give consideration to the following: (i) whether the event is
22 a student activity or student-related activity; (ii) whether
23 the physical setting of the event is conducive to control of
24 liquor sales and distribution; (iii) the ability of the event
25 operator to ensure that the sale or serving of alcoholic
26 liquors and the demeanor of the participants are in accordance
HB3595 Enrolled - 795 - LRB104 08153 BAB 18201 b
1 with State law and University policies; (iv) the anticipated
2 attendees at the event and the relative proportion of
3 individuals under the age of 21 to individuals age 21 or older;
4 (v) the ability of the venue operator to prevent the sale or
5 distribution of alcoholic liquors to individuals under the age
6 of 21; (vi) whether the event prohibits participants from
7 removing alcoholic beverages from the venue; and (vii) whether
8 the event prohibits participants from providing their own
9 alcoholic liquors to the venue. As used in this paragraph,
10 "public university" means the University of Illinois, Illinois
11 State University, Chicago State University, Governors State
12 University, Southern Illinois University, Northern Illinois
13 University, Eastern Illinois University, Western Illinois
14 University, and Northeastern Illinois University.
15 Alcoholic liquors may be served or sold in buildings under
16 the control of the Board of Trustees of a community college
17 district for events that the Board of Trustees of that
18 community college district may determine are public events and
19 not student-related activities. The Board of Trustees shall
20 issue a written policy within 6 months after July 15, 2016 (the
21 effective date of Public Act 99-550) concerning the types of
22 events that would be eligible for an exemption. Thereafter,
23 the Board of Trustees may issue revised, updated, new, or
24 amended policies as it deems necessary and appropriate. In
25 preparing its written policy, the Board of Trustees shall, in
26 addition to other factors it considers relevant and important,
HB3595 Enrolled - 796 - LRB104 08153 BAB 18201 b
1 give consideration to the following: (i) whether the event is
2 a student activity or student-related activity; (ii) whether
3 the physical setting of the event is conducive to control of
4 liquor sales and distribution; (iii) the ability of the event
5 operator to ensure that the sale or serving of alcoholic
6 liquors and the demeanor of the participants are in accordance
7 with State law and community college district policies; (iv)
8 the anticipated attendees at the event and the relative
9 proportion of individuals under the age of 21 to individuals
10 age 21 or older; (v) the ability of the venue operator to
11 prevent the sale or distribution of alcoholic liquors to
12 individuals under the age of 21; (vi) whether the event
13 prohibits participants from removing alcoholic beverages from
14 the venue; and (vii) whether the event prohibits participants
15 from providing their own alcoholic liquors to the venue. This
16 paragraph does not apply to any community college district
17 authorized to sell or serve alcoholic liquor under any other
18 provision of this Section.
19 Alcoholic liquor may be delivered to and sold at retail in
20 the Dorchester Senior Business Center owned by the Village of
21 Dolton if the alcoholic liquor is sold or dispensed only in
22 connection with organized functions for which the planned
23 attendance is 20 or more persons, and if the person or facility
24 selling or dispensing the alcoholic liquor has provided dram
25 shop liability insurance in maximum limits so as to hold
26 harmless the Village of Dolton and the State from all
HB3595 Enrolled - 797 - LRB104 08153 BAB 18201 b
1 financial loss, damage and harm.
2 Alcoholic liquors may be delivered to and sold at retail
3 in any building used as an Illinois State Armory provided:
4 (i) the Adjutant General's written consent to the
5 issuance of a license to sell alcoholic liquor in such
6 building is filed with the Commission;
7 (ii) the alcoholic liquor is sold or dispensed only in
8 connection with organized functions held on special
9 occasions;
10 (iii) the organized function is one for which the
11 planned attendance is 25 or more persons; and
12 (iv) the facility selling or dispensing the alcoholic
13 liquors has provided dram shop liability insurance in
14 maximum limits so as to save harmless the facility and the
15 State from all financial loss, damage or harm.
16 Alcoholic liquors may be delivered to and sold at retail
17 in the Chicago Civic Center, provided that:
18 (i) the written consent of the Public Building
19 Commission which administers the Chicago Civic Center is
20 filed with the Commission;
21 (ii) the alcoholic liquor is sold or dispensed only in
22 connection with organized functions held on special
23 occasions;
24 (iii) the organized function is one for which the
25 planned attendance is 25 or more persons;
26 (iv) the facility selling or dispensing the alcoholic
HB3595 Enrolled - 798 - LRB104 08153 BAB 18201 b
1 liquors has provided dram shop liability insurance in
2 maximum limits so as to hold harmless the Civic Center,
3 the City of Chicago and the State from all financial loss,
4 damage or harm; and
5 (v) all applicable local ordinances are complied with.
6 Alcoholic liquors may be delivered or sold in any building
7 belonging to or under the control of any city, village or
8 incorporated town where more than 75% of the physical
9 properties of the building is used for commercial or
10 recreational purposes, and the building is located upon a pier
11 extending into or over the waters of a navigable lake or stream
12 or on the shore of a navigable lake or stream. In accordance
13 with a license issued under this Act, alcoholic liquor may be
14 sold, served, or delivered in buildings and facilities under
15 the control of the Department of Natural Resources during
16 events or activities lasting no more than 7 continuous days
17 upon the written approval of the Director of Natural Resources
18 acting as the controlling government authority. The Director
19 of Natural Resources may specify conditions on that approval,
20 including, but not limited to, requirements for insurance and
21 hours of operation. Notwithstanding any other provision of
22 this Act, alcoholic liquor sold by a United States Army Corps
23 of Engineers or Department of Natural Resources concessionaire
24 who was operating on June 1, 1991 for on-premises consumption
25 only is not subject to the provisions of Articles IV and IX.
26 Beer and wine may be sold on the premises of the Joliet Park
HB3595 Enrolled - 799 - LRB104 08153 BAB 18201 b
1 District Stadium owned by the Joliet Park District when
2 written consent to the issuance of a license to sell beer and
3 wine in such premises is filed with the local liquor
4 commissioner by the Joliet Park District. Beer and wine may be
5 sold in buildings on the grounds of State veterans' homes when
6 written consent to the issuance of a license to sell beer and
7 wine in such buildings is filed with the Commission by the
8 Department of Veterans Affairs, and the facility shall provide
9 dram shop liability in maximum insurance coverage limits so as
10 to save the facility harmless from all financial loss, damage
11 or harm. Such liquors may be delivered to and sold at any
12 property owned or held under lease by a Metropolitan Pier and
13 Exposition Authority or Metropolitan Exposition and Auditorium
14 Authority.
15 Beer and wine may be sold and dispensed at professional
16 sporting events and at professional concerts and other
17 entertainment events conducted on premises owned by the Forest
18 Preserve District of Kane County, subject to the control of
19 the District Commissioners and applicable local law, provided
20 that dram shop liability insurance is provided at maximum
21 coverage limits so as to hold the District harmless from all
22 financial loss, damage and harm.
23 Nothing in this Section shall preclude the sale or
24 delivery of beer and wine at a State or county fair or the sale
25 or delivery of beer or wine at a city fair in any otherwise
26 lawful manner.
HB3595 Enrolled - 800 - LRB104 08153 BAB 18201 b
1 Alcoholic liquors may be sold at retail in buildings in
2 State parks under the control of the Department of Natural
3 Resources, provided:
4 a. the State park has overnight lodging facilities
5 with some restaurant facilities or, not having overnight
6 lodging facilities, has restaurant facilities which serve
7 complete luncheon and dinner or supper meals,
8 b. (blank), and
9 c. the alcoholic liquors are sold by the State park
10 lodge or restaurant concessionaire only during the hours
11 from 11 o'clock a.m. until 12 o'clock midnight.
12 Notwithstanding any other provision of this Act, alcoholic
13 liquor sold by the State park or restaurant concessionaire
14 is not subject to the provisions of Articles IV and IX.
15 Alcoholic liquors may be sold at retail in buildings on
16 properties under the control of the Division of Historic
17 Preservation of the Department of Natural Resources or the
18 Abraham Lincoln Presidential Library and Museum provided:
19 a. the property has overnight lodging facilities with
20 some restaurant facilities or, not having overnight
21 lodging facilities, has restaurant facilities which serve
22 complete luncheon and dinner or supper meals,
23 b. consent to the issuance of a license to sell
24 alcoholic liquors in the buildings has been filed with the
25 commission by the Division of Historic Preservation of the
26 Department of Natural Resources or the Abraham Lincoln
HB3595 Enrolled - 801 - LRB104 08153 BAB 18201 b
1 Presidential Library and Museum, and
2 c. the alcoholic liquors are sold by the lodge or
3 restaurant concessionaire only during the hours from 11
4 o'clock a.m. until 12 o'clock midnight.
5 The sale of alcoholic liquors pursuant to this Section
6 does not authorize the establishment and operation of
7 facilities commonly called taverns, saloons, bars, cocktail
8 lounges, and the like except as a part of lodge and restaurant
9 facilities in State parks or golf courses owned by Forest
10 Preserve Districts with a population of less than 3,000,000 or
11 municipalities or park districts.
12 Alcoholic liquors may be sold at retail in the Springfield
13 Administration Building of the Department of Transportation
14 and the Illinois State Armory in Springfield; provided, that
15 the controlling government authority may consent to such sales
16 only if
17 a. the request is from a not-for-profit organization;
18 b. such sales would not impede normal operations of
19 the departments involved;
20 c. the not-for-profit organization provides dram shop
21 liability in maximum insurance coverage limits and agrees
22 to defend, save harmless and indemnify the State of
23 Illinois from all financial loss, damage or harm;
24 d. no such sale shall be made during normal working
25 hours of the State of Illinois; and
26 e. the consent is in writing.
HB3595 Enrolled - 802 - LRB104 08153 BAB 18201 b
1 Alcoholic liquors may be sold at retail in buildings in
2 recreational areas of river conservancy districts under the
3 control of, or leased from, the river conservancy districts.
4 Such sales are subject to reasonable local regulations as
5 provided in Article IV; however, no such regulations may
6 prohibit or substantially impair the sale of alcoholic liquors
7 on Sundays or Holidays.
8 Alcoholic liquors may be provided in long term care
9 facilities owned or operated by a county under Division 5-21
10 or 5-22 of the Counties Code, when approved by the facility
11 operator and not in conflict with the regulations of the
12 Illinois Department of Public Health, to residents of the
13 facility who have had their consumption of the alcoholic
14 liquors provided approved in writing by a physician licensed
15 to practice medicine in all its branches.
16 Alcoholic liquors may be delivered to and dispensed in
17 State housing assigned to employees of the Department of
18 Corrections. No person shall furnish or allow to be furnished
19 any alcoholic liquors to any prisoner confined in any jail,
20 reformatory, prison or house of correction except upon a
21 physician's prescription for medicinal purposes.
22 Alcoholic liquors may be sold at retail or dispensed at
23 the Willard Ice Building in Springfield, at the State Library
24 in Springfield, and at Illinois State Museum facilities by (1)
25 an agency of the State, whether legislative, judicial or
26 executive, provided that such agency first obtains written
HB3595 Enrolled - 803 - LRB104 08153 BAB 18201 b
1 permission to sell or dispense alcoholic liquors from the
2 controlling government authority, or by (2) a not-for-profit
3 organization, provided that such organization:
4 a. Obtains written consent from the controlling
5 government authority;
6 b. Sells or dispenses the alcoholic liquors in a
7 manner that does not impair normal operations of State
8 offices located in the building;
9 c. Sells or dispenses alcoholic liquors only in
10 connection with an official activity in the building;
11 d. Provides, or its catering service provides, dram
12 shop liability insurance in maximum coverage limits and in
13 which the carrier agrees to defend, save harmless and
14 indemnify the State of Illinois from all financial loss,
15 damage or harm arising out of the selling or dispensing of
16 alcoholic liquors.
17 Nothing in this Act shall prevent a not-for-profit
18 organization or agency of the State from employing the
19 services of a catering establishment for the selling or
20 dispensing of alcoholic liquors at authorized functions.
21 The controlling government authority for the Willard Ice
22 Building in Springfield shall be the Director of the
23 Department of Revenue. The controlling government authority
24 for Illinois State Museum facilities shall be the Director of
25 the Illinois State Museum. The controlling government
26 authority for the State Library in Springfield shall be the
HB3595 Enrolled - 804 - LRB104 08153 BAB 18201 b
1 Secretary of State.
2 Alcoholic liquors may be delivered to and sold at retail
3 or dispensed at any facility, property or building under the
4 jurisdiction of the Division of Historic Preservation of the
5 Department of Natural Resources, the Abraham Lincoln
6 Presidential Library and Museum, or the State Treasurer where
7 the delivery, sale or dispensing is by (1) an agency of the
8 State, whether legislative, judicial or executive, provided
9 that such agency first obtains written permission to sell or
10 dispense alcoholic liquors from a controlling government
11 authority, or by (2) an individual or organization provided
12 that such individual or organization:
13 a. Obtains written consent from the controlling
14 government authority;
15 b. Sells or dispenses the alcoholic liquors in a
16 manner that does not impair normal workings of State
17 offices or operations located at the facility, property or
18 building;
19 c. Sells or dispenses alcoholic liquors only in
20 connection with an official activity of the individual or
21 organization in the facility, property or building;
22 d. Provides, or its catering service provides, dram
23 shop liability insurance in maximum coverage limits and in
24 which the carrier agrees to defend, save harmless and
25 indemnify the State of Illinois from all financial loss,
26 damage or harm arising out of the selling or dispensing of
HB3595 Enrolled - 805 - LRB104 08153 BAB 18201 b
1 alcoholic liquors.
2 The controlling government authority for the Division of
3 Historic Preservation of the Department of Natural Resources
4 shall be the Director of Natural Resources, the controlling
5 government authority for the Abraham Lincoln Presidential
6 Library and Museum shall be the Executive Director of the
7 Abraham Lincoln Presidential Library and Museum, and the
8 controlling government authority for the facilities, property,
9 or buildings under the jurisdiction of the State Treasurer
10 shall be the State Treasurer or the State Treasurer's
11 designee.
12 Alcoholic liquors may be delivered to and sold at retail
13 or dispensed for consumption at the Michael Bilandic Building
14 at 160 North LaSalle Street, Chicago IL 60601, after the
15 normal business hours of any early care and education day care
16 or child care facility located in the building, by (1) a
17 commercial tenant or subtenant conducting business on the
18 premises under a lease made pursuant to Section 405-315 of the
19 Department of Central Management Services Law, provided that
20 such tenant or subtenant who accepts delivery of, sells, or
21 dispenses alcoholic liquors shall procure and maintain dram
22 shop liability insurance in maximum coverage limits and in
23 which the carrier agrees to defend, indemnify, and save
24 harmless the State of Illinois from all financial loss,
25 damage, or harm arising out of the delivery, sale, or
26 dispensing of alcoholic liquors, or by (2) an agency of the
HB3595 Enrolled - 806 - LRB104 08153 BAB 18201 b
1 State, whether legislative, judicial, or executive, provided
2 that such agency first obtains written permission to accept
3 delivery of and sell or dispense alcoholic liquors from the
4 Director of Central Management Services, or by (3) a
5 not-for-profit organization, provided that such organization:
6 a. obtains written consent from the Department of
7 Central Management Services;
8 b. accepts delivery of and sells or dispenses the
9 alcoholic liquors in a manner that does not impair normal
10 operations of State offices located in the building;
11 c. accepts delivery of and sells or dispenses
12 alcoholic liquors only in connection with an official
13 activity in the building; and
14 d. provides, or its catering service provides, dram
15 shop liability insurance in maximum coverage limits and in
16 which the carrier agrees to defend, save harmless, and
17 indemnify the State of Illinois from all financial loss,
18 damage, or harm arising out of the selling or dispensing
19 of alcoholic liquors.
20 Nothing in this Act shall prevent a not-for-profit
21 organization or agency of the State from employing the
22 services of a catering establishment for the selling or
23 dispensing of alcoholic liquors at functions authorized by the
24 Director of Central Management Services.
25 Alcoholic liquors may be sold at retail or dispensed at
26 the James R. Thompson Center in Chicago, subject to the
HB3595 Enrolled - 807 - LRB104 08153 BAB 18201 b
1 provisions of Section 7.4 of the State Property Control Act,
2 and 222 South College Street in Springfield, Illinois by (1) a
3 commercial tenant or subtenant conducting business on the
4 premises under a lease or sublease made pursuant to Section
5 405-315 of the Department of Central Management Services Law,
6 provided that such tenant or subtenant who sells or dispenses
7 alcoholic liquors shall procure and maintain dram shop
8 liability insurance in maximum coverage limits and in which
9 the carrier agrees to defend, indemnify and save harmless the
10 State of Illinois from all financial loss, damage or harm
11 arising out of the sale or dispensing of alcoholic liquors, or
12 by (2) an agency of the State, whether legislative, judicial
13 or executive, provided that such agency first obtains written
14 permission to sell or dispense alcoholic liquors from the
15 Director of Central Management Services, or by (3) a
16 not-for-profit organization, provided that such organization:
17 a. Obtains written consent from the Department of
18 Central Management Services;
19 b. Sells or dispenses the alcoholic liquors in a
20 manner that does not impair normal operations of State
21 offices located in the building;
22 c. Sells or dispenses alcoholic liquors only in
23 connection with an official activity in the building;
24 d. Provides, or its catering service provides, dram
25 shop liability insurance in maximum coverage limits and in
26 which the carrier agrees to defend, save harmless and
HB3595 Enrolled - 808 - LRB104 08153 BAB 18201 b
1 indemnify the State of Illinois from all financial loss,
2 damage or harm arising out of the selling or dispensing of
3 alcoholic liquors.
4 Nothing in this Act shall prevent a not-for-profit
5 organization or agency of the State from employing the
6 services of a catering establishment for the selling or
7 dispensing of alcoholic liquors at functions authorized by the
8 Director of Central Management Services.
9 Alcoholic liquors may be sold or delivered at any facility
10 owned by the Illinois Sports Facilities Authority provided
11 that dram shop liability insurance has been made available in
12 a form, with such coverage and in such amounts as the Authority
13 reasonably determines is necessary.
14 Alcoholic liquors may be sold at retail or dispensed at
15 the Rockford State Office Building by (1) an agency of the
16 State, whether legislative, judicial or executive, provided
17 that such agency first obtains written permission to sell or
18 dispense alcoholic liquors from the Department of Central
19 Management Services, or by (2) a not-for-profit organization,
20 provided that such organization:
21 a. Obtains written consent from the Department of
22 Central Management Services;
23 b. Sells or dispenses the alcoholic liquors in a
24 manner that does not impair normal operations of State
25 offices located in the building;
26 c. Sells or dispenses alcoholic liquors only in
HB3595 Enrolled - 809 - LRB104 08153 BAB 18201 b
1 connection with an official activity in the building;
2 d. Provides, or its catering service provides, dram
3 shop liability insurance in maximum coverage limits and in
4 which the carrier agrees to defend, save harmless and
5 indemnify the State of Illinois from all financial loss,
6 damage or harm arising out of the selling or dispensing of
7 alcoholic liquors.
8 Nothing in this Act shall prevent a not-for-profit
9 organization or agency of the State from employing the
10 services of a catering establishment for the selling or
11 dispensing of alcoholic liquors at functions authorized by the
12 Department of Central Management Services.
13 Alcoholic liquors may be sold or delivered in a building
14 that is owned by McLean County, situated on land owned by the
15 county in the City of Bloomington, and used by the McLean
16 County Historical Society if the sale or delivery is approved
17 by an ordinance adopted by the county board, and the
18 municipality in which the building is located may not prohibit
19 that sale or delivery, notwithstanding any other provision of
20 this Section. The regulation of the sale and delivery of
21 alcoholic liquor in a building that is owned by McLean County,
22 situated on land owned by the county, and used by the McLean
23 County Historical Society as provided in this paragraph is an
24 exclusive power and function of the State and is a denial and
25 limitation under Article VII, Section 6, subsection (h) of the
26 Illinois Constitution of the power of a home rule municipality
HB3595 Enrolled - 810 - LRB104 08153 BAB 18201 b
1 to regulate that sale and delivery.
2 Alcoholic liquors may be sold or delivered in any building
3 situated on land held in trust for any school district
4 organized under Article 34 of the School Code, if the building
5 is not used for school purposes and if the sale or delivery is
6 approved by the board of education.
7 Alcoholic liquors may be delivered to and sold at retail
8 in any building owned by a public library district, provided
9 that the delivery and sale is approved by the board of trustees
10 of that public library district and is limited to library
11 fundraising events or programs of a cultural or educational
12 nature. Before the board of trustees of a public library
13 district may approve the delivery and sale of alcoholic
14 liquors, the board of trustees of the public library district
15 must have a written policy that has been approved by the board
16 of trustees of the public library district governing when and
17 under what circumstances alcoholic liquors may be delivered to
18 and sold at retail on property owned by that public library
19 district. The written policy must (i) provide that no
20 alcoholic liquor may be sold, distributed, or consumed in any
21 area of the library accessible to the general public during
22 the event or program, (ii) prohibit the removal of alcoholic
23 liquor from the venue during the event, and (iii) require that
24 steps be taken to prevent the sale or distribution of
25 alcoholic liquor to persons under the age of 21. Any public
26 library district that has alcoholic liquor delivered to or
HB3595 Enrolled - 811 - LRB104 08153 BAB 18201 b
1 sold at retail on property owned by the public library
2 district shall provide dram shop liability insurance in
3 maximum insurance coverage limits so as to save harmless the
4 public library districts from all financial loss, damage, or
5 harm.
6 Alcoholic liquors may be sold or delivered in buildings
7 owned by the Community Building Complex Committee of Boone
8 County, Illinois if the person or facility selling or
9 dispensing the alcoholic liquor has provided dram shop
10 liability insurance with coverage and in amounts that the
11 Committee reasonably determines are necessary.
12 Alcoholic liquors may be sold or delivered in the building
13 located at 1200 Centerville Avenue in Belleville, Illinois and
14 occupied by either the Belleville Area Special Education
15 District or the Belleville Area Special Services Cooperative.
16 Alcoholic liquors may be delivered to and sold at the
17 Louis Joliet Renaissance Center, City Center Campus, located
18 at 214 N. Ottawa Street, Joliet, and the Food
19 Services/Culinary Arts Department facilities, Main Campus,
20 located at 1215 Houbolt Road, Joliet, owned by or under the
21 control of Joliet Junior College, Illinois Community College
22 District No. 525.
23 Alcoholic liquors may be delivered to and sold at Triton
24 College, Illinois Community College District No. 504.
25 Alcoholic liquors may be delivered to and sold at the
26 College of DuPage, Illinois Community College District No.
HB3595 Enrolled - 812 - LRB104 08153 BAB 18201 b
1 502.
2 Alcoholic liquors may be delivered to and sold on any
3 property owned, operated, or controlled by Lewis and Clark
4 Community College, Illinois Community College District No.
5 536.
6 Alcoholic liquors may be delivered to and sold at the
7 building located at 446 East Hickory Avenue in Apple River,
8 Illinois, owned by the Apple River Fire Protection District,
9 and occupied by the Apple River Community Association if the
10 alcoholic liquor is sold or dispensed only in connection with
11 organized functions approved by the Apple River Community
12 Association for which the planned attendance is 20 or more
13 persons and if the person or facility selling or dispensing
14 the alcoholic liquor has provided dram shop liability
15 insurance in maximum limits so as to hold harmless the Apple
16 River Fire Protection District, the Village of Apple River,
17 and the Apple River Community Association from all financial
18 loss, damage, and harm.
19 Alcoholic liquors may be delivered to and sold at the
20 Sikia Restaurant, Kennedy King College Campus, located at 740
21 West 63rd Street, Chicago, and at the Food Services in the
22 Great Hall/Washburne Culinary Institute Department facility,
23 Kennedy King College Campus, located at 740 West 63rd Street,
24 Chicago, owned by or under the control of City Colleges of
25 Chicago, Illinois Community College District No. 508.
26 Alcoholic liquors may be delivered to and sold at the
HB3595 Enrolled - 813 - LRB104 08153 BAB 18201 b
1 building located at 305 West Grove St. in Poplar Grove,
2 Illinois that is owned and operated by North Boone Fire
3 District #3 if the alcoholic liquor is sold or dispensed only
4 in connection with organized functions approved by the North
5 Boone Fire District #3 for which the planned attendance is 20
6 or more persons and if the person or facility selling or
7 dispensing the alcoholic liquor has provided dram shop
8 liability insurance in maximum limits so as to hold harmless
9 North Boone County Fire District #3 from all financial loss,
10 damage, and harm.
11 (Source: P.A. 103-956, eff. 8-9-24; 103-971, eff. 8-9-24;
12 104-234, eff. 8-15-25; 104-417, eff. 8-15-25.)
13 Section 205. The Illinois Public Aid Code is amended by
14 changing Sections 5-19, 9-6, 9A-7, and 9A-11 as follows:
15 (305 ILCS 5/5-19) (from Ch. 23, par. 5-19)
16 Sec. 5-19. Healthy Kids Program.
17 (a) Any child under the age of 21 eligible to receive
18 Medical Assistance from the Illinois Department under Article
19 V of this Code shall be eligible for Early and Periodic
20 Screening, Diagnosis and Treatment services provided by the
21 Healthy Kids Program of the Illinois Department under the
22 Social Security Act, 42 U.S.C. 1396d(r).
23 (b) Enrollment of Children in Medicaid. The Illinois
24 Department shall provide for receipt and initial processing of
HB3595 Enrolled - 814 - LRB104 08153 BAB 18201 b
1 applications for Medical Assistance for all pregnant women and
2 children under the age of 21 at locations in addition to those
3 used for processing applications for cash assistance,
4 including disproportionate share hospitals, federally
5 qualified health centers and other sites as selected by the
6 Illinois Department.
7 (c) Healthy Kids Examinations. The Illinois Department
8 shall consider any examination of a child eligible for the
9 Healthy Kids services provided by a medical provider meeting
10 the requirements and complying with the rules and regulations
11 of the Illinois Department to be reimbursed as a Healthy Kids
12 examination.
13 (d) Medical Screening Examinations.
14 (1) The Illinois Department shall insure Medicaid
15 coverage for periodic health, vision, hearing, and dental
16 screenings for children eligible for Healthy Kids services
17 scheduled from a child's birth up until the child turns 21
18 years. The Illinois Department shall pay for vision,
19 hearing, dental and health screening examinations for any
20 child eligible for Healthy Kids services by qualified
21 providers at intervals established by Department rules.
22 (2) The Illinois Department shall pay for an
23 interperiodic health, vision, hearing, or dental screening
24 examination for any child eligible for Healthy Kids
25 services whenever an examination is:
26 (A) requested by a child's parent, guardian, or
HB3595 Enrolled - 815 - LRB104 08153 BAB 18201 b
1 custodian, or is determined to be necessary or
2 appropriate by social services, developmental, health,
3 or educational personnel; or
4 (B) necessary for enrollment in school; or
5 (C) necessary for enrollment in a licensed early
6 care and education day care program, including Head
7 Start; or
8 (D) necessary for placement in a licensed child
9 welfare facility, including a foster home, group home,
10 or early care and education child care institution; or
11 (E) necessary for attendance at a camping program;
12 or
13 (F) necessary for participation in an organized
14 athletic program; or
15 (G) necessary for enrollment in an early childhood
16 education program recognized by the Illinois State
17 Board of Education; or
18 (H) necessary for participation in a Women,
19 Infant, and Children (WIC) program; or
20 (I) deemed appropriate by the Illinois Department.
21 (e) Minimum Screening Protocols For Periodic Health
22 Screening Examinations. Health Screening Examinations must
23 include the following services:
24 (1) Comprehensive Health and Development Assessment
25 including:
26 (A) Development/Mental Health/Psychosocial
HB3595 Enrolled - 816 - LRB104 08153 BAB 18201 b
1 Assessment; and
2 (B) Assessment of nutritional status including
3 tests for iron deficiency and anemia for children at
4 the following ages: 9 months, 2 years, 8 years, and 18
5 years;
6 (2) Comprehensive unclothed physical exam;
7 (3) Appropriate immunizations at a minimum, as
8 required by the Secretary of the U.S. Department of Health
9 and Human Services under 42 U.S.C. 1396d(r).
10 (4) Appropriate laboratory tests including blood lead
11 levels appropriate for age and risk factors.
12 (A) Anemia test.
13 (B) Sickle cell test.
14 (C) Tuberculin test at 12 months of age and every
15 1-2 years thereafter unless the treating health care
16 professional determines that testing is medically
17 contraindicated.
18 (D) Other -- The Illinois Department shall insure
19 that testing for HIV, drug exposure, and sexually
20 transmitted diseases is provided for as clinically
21 indicated.
22 (5) Health Education. The Illinois Department shall
23 require providers to provide anticipatory guidance as
24 recommended by the American Academy of Pediatrics.
25 (6) Vision Screening. The Illinois Department shall
26 require providers to provide vision screenings consistent
HB3595 Enrolled - 817 - LRB104 08153 BAB 18201 b
1 with those set forth in the Department of Public Health's
2 Administrative Rules.
3 (7) Hearing Screening. The Illinois Department shall
4 require providers to provide hearing screenings consistent
5 with those set forth in the Department of Public Health's
6 Administrative Rules.
7 (8) Dental Screening. The Illinois Department shall
8 require providers to provide dental screenings consistent
9 with those set forth in the Department of Public Health's
10 Administrative Rules.
11 (f) Covered Medical Services. The Illinois Department
12 shall provide coverage for all necessary health care,
13 diagnostic services, treatment and other measures to correct
14 or ameliorate defects, physical and mental illnesses, and
15 conditions whether discovered by the screening services or not
16 for all children eligible for Medical Assistance under Article
17 V of this Code.
18 (g) Notice of Healthy Kids Services.
19 (1) The Illinois Department shall inform any child
20 eligible for Healthy Kids services and the child's family
21 about the benefits provided under the Healthy Kids
22 Program, including, but not limited to, the following:
23 what services are available under Healthy Kids, including
24 discussion of the periodicity schedules and immunization
25 schedules, that services are provided at no cost to
26 eligible children, the benefits of preventive health care,
HB3595 Enrolled - 818 - LRB104 08153 BAB 18201 b
1 where the services are available, how to obtain them, and
2 that necessary transportation and scheduling assistance is
3 available.
4 (2) The Illinois Department shall widely disseminate
5 information regarding the availability of the Healthy Kids
6 Program throughout the State by outreach activities which
7 shall include, but not be limited to, (i) the development
8 of cooperation agreements with local school districts,
9 public health agencies, clinics, hospitals and other
10 health care providers, including developmental disability
11 and mental health providers, and with charities, to notify
12 the constituents of each of the Program and assist
13 individuals, as feasible, with applying for the Program,
14 (ii) using the media for public service announcements and
15 advertisements of the Program, and (iii) developing
16 posters advertising the Program for display in hospital
17 and clinic waiting rooms.
18 (3) The Illinois Department shall utilize accepted
19 methods for informing persons who are illiterate, blind,
20 deaf, or cannot understand the English language, including
21 but not limited to public services announcements and
22 advertisements in the foreign language media of radio,
23 television and newspapers.
24 (4) The Illinois Department shall provide notice of
25 the Healthy Kids Program to every child eligible for
26 Healthy Kids services and his or her family at the
HB3595 Enrolled - 819 - LRB104 08153 BAB 18201 b
1 following times:
2 (A) orally by the intake worker and in writing at
3 the time of application for Medical Assistance;
4 (B) at the time the applicant is informed that he
5 or she is eligible for Medical Assistance benefits;
6 and
7 (C) at least 20 days before the date of any
8 periodic health, vision, hearing, and dental
9 examination for any child eligible for Healthy Kids
10 services. Notice given under this subparagraph (C)
11 must state that a screening examination is due under
12 the periodicity schedules and must advise the eligible
13 child and his or her family that the Illinois
14 Department will provide assistance in scheduling an
15 appointment and arranging medical transportation.
16 (h) Data Collection. The Illinois Department shall collect
17 data in a usable form to track utilization of Healthy Kids
18 screening examinations by children eligible for Healthy Kids
19 services, including but not limited to data showing screening
20 examinations and immunizations received, a summary of
21 follow-up treatment received by children eligible for Healthy
22 Kids services and the number of children receiving dental,
23 hearing and vision services.
24 (i) On and after July 1, 2012, the Department shall reduce
25 any rate of reimbursement for services or other payments or
26 alter any methodologies authorized by this Code to reduce any
HB3595 Enrolled - 820 - LRB104 08153 BAB 18201 b
1 rate of reimbursement for services or other payments in
2 accordance with Section 5-5e.
3 (j) To ensure full access to the benefits set forth in this
4 Section, on and after January 1, 2022, the Illinois Department
5 shall ensure that provider and hospital reimbursements for
6 immunization as required under this Section are no lower than
7 70% of the median regional maximum administration fee for the
8 State of Illinois as established by the U.S. Department of
9 Health and Human Services' Centers for Medicare and Medicaid
10 Services.
11 (Source: P.A. 102-43, eff. 7-6-21.)
12 (305 ILCS 5/9-6) (from Ch. 23, par. 9-6)
13 Sec. 9-6. Job Search, Training and Work Programs. The
14 Illinois Department and local governmental units shall
15 initiate, promote and develop job search, training and work
16 programs which will provide employment for and contribute to
17 the training and experience of persons receiving aid under
18 Articles III, V, and VI.
19 The job search, training and work programs shall be
20 designed to preserve and improve the work habits and skills of
21 recipients for whom jobs are not otherwise immediately
22 available and to provide training and experience for
23 recipients who lack the skills required for such employment
24 opportunities as are or may become available. The Illinois
25 Department and local governmental unit shall determine by rule
HB3595 Enrolled - 821 - LRB104 08153 BAB 18201 b
1 those classes of recipients who shall be subject to
2 participation in such programs. If made subject to
3 participation, every applicant for or recipient of public aid
4 who is determined to be "able to engage in employment", as
5 defined by the Department or local governmental unit pursuant
6 to rules and regulations, for whom unsubsidized jobs are not
7 otherwise immediately available shall be required to
8 participate in any program established under this Section.
9 The Illinois Department shall establish with the Director
10 of Central Management Services an outreach and training
11 program designed to encourage and assist recipients
12 participating in job search, training and work programs to
13 participate in open competitive examinations for trainee and
14 other entry level positions to maximize opportunities for
15 placement on open competitive eligible listings and referral
16 to State agencies for employment consideration.
17 The Department shall provide payment for transportation,
18 early care and education, day-care and Workers' Compensation
19 costs which occur for recipients as a result of participating
20 in job search, training and work programs as described in this
21 Section. The Department may decline to initiate such programs
22 in areas where eligible recipients would be so few in number as
23 to not economically justify such programs; and in this event
24 the Department shall not require persons in such areas to
25 participate in any job search, training, or work programs
26 whatsoever as a condition of their continued receipt of, or
HB3595 Enrolled - 822 - LRB104 08153 BAB 18201 b
1 application for, aid.
2 The programs may include, but shall not be limited to,
3 service in child care centers, in preschool programs as
4 teacher aides and in public health programs as home visitors
5 and health aides; the maintenance of or services required in
6 connection with public offices, buildings and grounds; state,
7 county and municipal hospitals, forest preserves, parks,
8 playgrounds, streets and highways, and other governmental
9 maintenance or construction directed toward environmental
10 improvement; and similar facilities.
11 The Illinois Department or local governmental units may
12 enter into agreements with local taxing bodies and private
13 not-for-profit organizations, agencies and institutions to
14 provide for the supervision and administration of job search,
15 work and training projects authorized by this Section. Such
16 agreements shall stipulate the requirements for utilization of
17 recipients in such projects. In addition to any other
18 requirements dealing with the administration of these
19 programs, the Department shall assure, pursuant to rules and
20 regulations, that:
21 (a) Recipients may not displace regular employees.
22 (b) The maximum number of hours of mandatory work is 8
23 hours per day and 40 hours per week, not to exceed 120
24 hours per month.
25 (c) The maximum number of hours per month shall be
26 determined by dividing the recipient's benefits by the
HB3595 Enrolled - 823 - LRB104 08153 BAB 18201 b
1 federal minimum wage, rounded to the lowest full hour.
2 "Recipient's benefits" in this subsection includes: (i)
3 both cash assistance and food stamps provided to the
4 entire assistance unit or household by the Illinois
5 Department where the job search, work and training program
6 is administered by the Illinois Department and, where
7 federal programs are involved, includes all such cash
8 assistance and food stamps provided to the greatest extent
9 allowed by federal law; or (ii) includes only cash
10 assistance provided to the entire assistance unit by the
11 local governmental unit where the job search, work and
12 training program is administered by the local governmental
13 unit.
14 (d) The recipient shall be provided or compensated for
15 transportation to and from the work location.
16 (e) Appropriate terms regarding recipient compensation
17 are met.
18 Local taxing bodies and private not-for-profit
19 organizations, agencies and institutions which utilize
20 recipients in job search, work and training projects
21 authorized by this Section are urged to include such
22 recipients in the formulation of their employment policies.
23 Unless directly paid by an employing local taxing body or
24 not-for-profit agency, a recipient participating in a work
25 project who meets all requirements set forth by the Illinois
26 Department shall receive credit towards his or her monthly
HB3595 Enrolled - 824 - LRB104 08153 BAB 18201 b
1 assistance benefits for work performed based upon the
2 applicable minimum wage rate. Where a recipient is paid
3 directly by an employing agency, the Illinois Department or
4 local governmental unit shall provide for payment to such
5 employing entity the appropriate amount of assistance benefits
6 to which the recipient would otherwise be entitled under this
7 Code.
8 The Illinois Department or its designee, including local
9 governmental units, may enter into agreements with the
10 agencies or institutions providing work under programs
11 established hereunder for payment to each such employer
12 (hereinafter called "public service employer") of all or a
13 portion of the wages to be paid to persons for the work
14 performed and other appropriate costs.
15 If the number of persons receiving aid under Article VI is
16 insufficient to justify the establishment of job search,
17 training and work programs on a local basis by a local
18 governmental unit, or if for other good cause the
19 establishment of a local program is impractical or
20 unwarranted, the local governmental unit shall cooperate with
21 other local governmental units, with civic and non-profit
22 community agencies, and with the Illinois Department in
23 developing a program or programs which will jointly serve the
24 participating governmental units and agencies.
25 A local governmental unit receiving State funds shall
26 refer all recipients able to engage in employment to such job
HB3595 Enrolled - 825 - LRB104 08153 BAB 18201 b
1 search, training and work programs as are established, whether
2 within or without the governmental unit, and as are accessible
3 to persons receiving aid from the governmental unit. The
4 Illinois Department shall withhold allocation of state funds
5 to any governmental unit which fails or refuses to make such
6 referrals.
7 Participants in job search, training and work programs
8 shall be required to maintain current registration for regular
9 employment under Section 11-10 and to accept any bona fide
10 offer of regular employment. They shall likewise be required
11 to accept education, work and training opportunities available
12 to them under other provisions of this Code or Federal law. The
13 Illinois Department or local governmental unit shall provide
14 by rule for periodic review of the circumstances of each
15 participant to determine the feasibility of his placement in
16 regular employment or other work, education and training
17 opportunities.
18 Moneys made available for public aid purposes under
19 Articles IV and VI may be expended to pay public service
20 employers all or a portion of the wages of public service
21 employees and other appropriate costs, to provide necessary
22 supervisory personnel and equipment, to purchase Workers'
23 Compensation Insurance or to pay Workers' Compensation claims,
24 and to provide transportation to and from work sites.
25 The Department shall provide through rules and regulations
26 for sanctions against applicants and recipients of aid under
HB3595 Enrolled - 826 - LRB104 08153 BAB 18201 b
1 this Code who fail to cooperate with the regulations and
2 requirements established pursuant to this Section. Such
3 sanctions may include the loss of eligibility to receive aid
4 under Article VI of this Code for up to 3 months.
5 The Department, in cooperation with a local governmental
6 unit, may maintain a roster of persons who are required to
7 participate in a local job search, training and work program.
8 In such cases, the roster shall be available for inspection by
9 employers for the selection of possible workers.
10 In addition to the programs authorized by this Section,
11 the Illinois Department is authorized to administer any job
12 search, training or work projects in conjunction with the
13 Federal Food Stamp Program, either under this Section or under
14 other regulations required by the Federal government.
15 The Illinois Department may also administer pilot programs
16 to provide job search, training and work programs to
17 unemployed parents of children receiving child support
18 enforcement services under Article X of this Code.
19 (Source: P.A. 92-111, eff. 1-1-02; 92-590, eff. 7-1-02.)
20 (305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
21 Sec. 9A-7. Good cause and pre-sanction process.
22 (a) The Department shall establish by rule what
23 constitutes good cause for failure to participate in
24 education, training and employment programs, failure to accept
25 suitable employment or terminating employment or reducing
HB3595 Enrolled - 827 - LRB104 08153 BAB 18201 b
1 earnings.
2 The Department shall establish, by rule, a pre-sanction
3 process to assist in resolving disputes over proposed
4 sanctions and in determining if good cause exists. Good cause
5 shall include, but not be limited to:
6 (1) temporary illness for its duration;
7 (2) court required appearance or temporary
8 incarceration;
9 (3) (blank);
10 (4) death in the family;
11 (5) (blank);
12 (6) (blank);
13 (7) (blank);
14 (8) (blank);
15 (9) extreme inclement weather;
16 (10) (blank);
17 (11) lack of any support service even though the
18 necessary service is not specifically provided under the
19 Department program, to the extent the lack of the needed
20 service presents a significant barrier to participation;
21 (12) if an individual is engaged in employment or
22 training or both that is consistent with the employment
23 related goals of the program, if such employment and
24 training is later approved by Department staff;
25 (13) (blank);
26 (14) failure of Department staff to correctly forward
HB3595 Enrolled - 828 - LRB104 08153 BAB 18201 b
1 the information to other Department staff;
2 (15) failure of the participant to cooperate because
3 of attendance at a test or a mandatory class or function at
4 an educational program (including college), when an
5 education or training program is officially approved by
6 the Department;
7 (16) failure of the participant due to his or her
8 illiteracy;
9 (17) failure of the participant because it is
10 determined that he or she should be in a different
11 activity;
12 (18) non-receipt by the participant of a notice
13 advising him or her of a participation requirement. If the
14 non-receipt of mail occurs frequently, the Department
15 shall explore an alternative means of providing notices of
16 participation requests to participants;
17 (19) (blank);
18 (20) non-comprehension of English, either written or
19 oral or both;
20 (21) (blank);
21 (22) (blank);
22 (23) child care (or early care and education day care
23 for an incapacitated individual living in the same home as
24 a dependent child) is necessary for the participation or
25 employment and such care is not available for a child
26 under age 13;
HB3595 Enrolled - 829 - LRB104 08153 BAB 18201 b
1 (24) failure to participate in an activity due to a
2 scheduled job interview, medical appointment for the
3 participant or a household member, or school appointment;
4 (25) if an individual or family is experiencing
5 homelessness; an individual or family is experiencing
6 homelessness if the individual or family: (i) lacks a
7 fixed, regular, and adequate nighttime residence, or
8 shares the housing of other persons due to the loss of
9 housing, economic hardship, or a similar reason; (ii) is
10 living in a motel, hotel, trailer park, or camping ground
11 due to the lack of alternative accommodations; (iii) is
12 living in an emergency or transitional shelter; (iv)
13 resides in a primary nighttime residence that is a public
14 or private place not designed for or ordinarily used as a
15 regular sleeping accommodation for human beings; or (v) is
16 living in a car, park, public space, abandoned building,
17 substandard housing, bus, train station, or similar
18 settings;
19 (26) circumstances beyond the control of the
20 participant which prevent the participant from completing
21 program requirements;
22 (27) (blank);
23 (28) if an individual or family receives an eviction
24 notice;
25 (29) if an individual's or family's utilities are
26 disconnected;
HB3595 Enrolled - 830 - LRB104 08153 BAB 18201 b
1 (30) if an individual or family receives an utility
2 disconnection notice; or
3 (31) if an individual is exiting a publicly funded
4 institution or system of care (such as a health-care
5 facility, a mental health facility, foster care or other
6 youth facility, or correction program or institution)
7 without an option to move to a fixed, adequate night time
8 residence.
9 (b) (Blank).
10 (c)(1) The Department shall establish a reconciliation
11 procedure to assist in resolving disputes related to any
12 aspect of participation, including exemptions, good cause,
13 sanctions or proposed sanctions, supportive services,
14 assessments, responsibility and service plans, assignment to
15 activities, suitability of employment, or refusals of offers
16 of employment. Through the reconciliation process the
17 Department shall have a mechanism to identify good cause,
18 ensure that the client is aware of the issue, and enable the
19 client to perform required activities without facing sanction.
20 (2) A participant may request reconciliation and receive
21 notice in writing of a meeting. At least one face-to-face
22 meeting may be scheduled to resolve misunderstandings or
23 disagreements related to program participation and situations
24 which may lead to a potential sanction. The meeting will
25 address the underlying reason for the dispute and plan a
26 resolution to enable the individual to participate in TANF
HB3595 Enrolled - 831 - LRB104 08153 BAB 18201 b
1 employment and work activity requirements.
2 (2.5) If the individual fails to appear at the
3 reconciliation meeting without good cause, the reconciliation
4 is unsuccessful and a sanction shall be imposed.
5 (3) The reconciliation process shall continue after it is
6 determined that the individual did not have good cause for
7 non-cooperation. Any necessary demonstration of cooperation on
8 the part of the participant will be part of the reconciliation
9 process. Failure to demonstrate cooperation will result in
10 immediate sanction.
11 (4) For the first instance of non-cooperation, if the
12 client reaches agreement to cooperate, the client shall be
13 allowed 30 days to demonstrate cooperation before any sanction
14 activity may be imposed. In any subsequent instances of
15 non-cooperation, the client shall be provided the opportunity
16 to show good cause or remedy the situation by immediately
17 complying with the requirement.
18 (5) The Department shall document in the case record the
19 proceedings of the reconciliation and provide the client in
20 writing with a reconciliation agreement.
21 (6) If reconciliation resolves the dispute, no sanction
22 shall be imposed. If the client fails to comply with the
23 reconciliation agreement, the Department shall then
24 immediately impose the original sanction. If the dispute
25 cannot be resolved during reconciliation, a sanction shall not
26 be imposed until the reconciliation process is complete.
HB3595 Enrolled - 832 - LRB104 08153 BAB 18201 b
1 (Source: P.A. 101-103, eff. 7-19-19.)
2 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
3 Sec. 9A-11. Child care.
4 (a) The General Assembly recognizes that families with
5 children need child care in order to work. Child care is
6 expensive and families with limited access to economic
7 resources, including those who are transitioning from welfare
8 to work, often struggle to pay the costs of early care and
9 education day care. The General Assembly understands the
10 importance of helping working families with limited access to
11 economic resources become and remain self-sufficient. The
12 General Assembly also believes that it is the responsibility
13 of families to share in the costs of child care. It is also the
14 preference of the General Assembly that all working families
15 with limited access to economic resources should be treated
16 equally, regardless of their welfare status.
17 (b) To the extent resources permit, the Illinois
18 Department shall provide early care and education child care
19 services to parents or other relatives as defined by rule who
20 are working or participating in employment or Department
21 approved education or training programs. At a minimum, the
22 Illinois Department shall cover the following categories of
23 families:
24 (1) recipients of TANF under Article IV participating
25 in work and training activities as specified in the
HB3595 Enrolled - 833 - LRB104 08153 BAB 18201 b
1 personal plan for employment and self-sufficiency;
2 (2) families transitioning from TANF to work;
3 (3) families at risk of becoming recipients of TANF;
4 (4) families with special needs as defined by rule;
5 (5) working families with very low incomes as defined
6 by rule;
7 (6) families that are not recipients of TANF and that
8 need early care and education child care assistance to
9 participate in education and training activities;
10 (7) youth in care, as defined in Section 4d of the
11 Children and Family Services Act, who are parents,
12 regardless of income or whether they are working or
13 participating in Department-approved employment or
14 education or training programs. Any family that receives
15 early care and education child care assistance in
16 accordance with this paragraph shall receive one
17 additional 12-month child care eligibility period after
18 the parenting youth in care's case with the Department of
19 Children and Family Services is closed, regardless of
20 income or whether the parenting youth in care is working
21 or participating in Department-approved employment or
22 education or training programs;
23 (8) families receiving Extended Family Support Program
24 services from the Department of Children and Family
25 Services, regardless of income or whether they are working
26 or participating in Department-approved employment or
HB3595 Enrolled - 834 - LRB104 08153 BAB 18201 b
1 education or training programs; and
2 (9) families with children under the age of 5 who have
3 an open intact family services case with the Department of
4 Children and Family Services. Any family that receives
5 early care and education child care assistance in
6 accordance with this paragraph shall remain eligible for
7 early care and education child care assistance 6 months
8 after the child's intact family services case is closed,
9 regardless of whether the child's parents or other
10 relatives as defined by rule are working or participating
11 in Department approved employment or education or training
12 programs. The Department of Early Childhood, in
13 consultation with the Department of Children and Family
14 Services, shall adopt rules to protect the privacy of
15 families who are the subject of an open intact family
16 services case when such families enroll in child care
17 services. Additional rules shall be adopted to offer
18 children who have an open intact family services case the
19 opportunity to receive an Early Intervention screening and
20 other services that their families may be eligible for as
21 provided by the Department of Human Services.
22 Beginning October 1, 2027, and every October 1 thereafter,
23 the Department of Children and Family Services shall report to
24 the General Assembly on the number of children who received
25 early care and education child care via vouchers paid for by
26 the Department of Early Childhood during the preceding fiscal
HB3595 Enrolled - 835 - LRB104 08153 BAB 18201 b
1 year. The report shall include the ages of children who
2 received early care and education child care, the type of
3 early care and education child care they received, and the
4 number of months they received early care and education child
5 care.
6 The Department shall specify by rule the conditions of
7 eligibility, the application process, and the types, amounts,
8 and duration of services. Eligibility for early care and
9 education child care benefits and the amount of early care and
10 education child care provided may vary based on family size,
11 income, and other factors as specified by rule.
12 The Department shall update the Child Care Assistance
13 Program Eligibility Calculator posted on its website to
14 include a question on whether a family is applying for child
15 care assistance for the first time or is applying for a
16 redetermination of eligibility.
17 A family's eligibility for early care and education child
18 care services shall be redetermined no sooner than 12 months
19 following the initial determination or most recent
20 redetermination. During the 12-month periods, the family shall
21 remain eligible for child care services regardless of (i) a
22 change in family income, unless family income exceeds 85% of
23 State median income, or (ii) a temporary change in the ongoing
24 status of the parents or other relatives, as defined by rule,
25 as working or attending a job training or educational program.
26 In determining income eligibility for early care and
HB3595 Enrolled - 836 - LRB104 08153 BAB 18201 b
1 education child care benefits, the Department annually, at the
2 beginning of each fiscal year, shall establish, by rule, one
3 income threshold for each family size, in relation to
4 percentage of State median income for a family of that size,
5 that makes families with incomes below the specified threshold
6 eligible for assistance and families with incomes above the
7 specified threshold ineligible for assistance. Through and
8 including fiscal year 2007, the specified threshold must be no
9 less than 50% of the then-current State median income for each
10 family size. Beginning in fiscal year 2008, the specified
11 threshold must be no less than 185% of the then-current
12 federal poverty level for each family size. Notwithstanding
13 any other provision of law or administrative rule to the
14 contrary, beginning in fiscal year 2019, the specified
15 threshold for working families with very low incomes as
16 defined by rule must be no less than 185% of the then-current
17 federal poverty level for each family size. Notwithstanding
18 any other provision of law or administrative rule to the
19 contrary, beginning in State fiscal year 2022 through State
20 fiscal year 2023, the specified income threshold shall be no
21 less than 200% of the then-current federal poverty level for
22 each family size. Beginning in State fiscal year 2024, the
23 specified income threshold shall be no less than 225% of the
24 then-current federal poverty level for each family size.
25 In determining eligibility for assistance, the Department
26 shall not give preference to any category of recipients or
HB3595 Enrolled - 837 - LRB104 08153 BAB 18201 b
1 give preference to individuals based on their receipt of
2 benefits under this Code.
3 Nothing in this Section shall be construed as conferring
4 entitlement status to eligible families.
5 The Illinois Department is authorized to lower income
6 eligibility ceilings, raise parent co-payments, create waiting
7 lists, or take such other actions during a fiscal year as are
8 necessary to ensure that early care and education child care
9 benefits paid under this Article do not exceed the amounts
10 appropriated for those child care benefits. These changes may
11 be accomplished by emergency rule under Section 5-45 of the
12 Illinois Administrative Procedure Act, except that the
13 limitation on the number of emergency rules that may be
14 adopted in a 24-month period shall not apply.
15 The Illinois Department may contract with other State
16 agencies or early care and education child care organizations
17 for the administration of early care and education child care
18 services.
19 (c) Payment shall be made for early care and education
20 child care that otherwise meets the requirements of this
21 Section and applicable standards of State and local law and
22 regulation, including any requirements the Illinois Department
23 promulgates by rule. Through June 30, 2026, the rules of this
24 Section include licensure requirements adopted by the
25 Department of Children and Family Services. On and after July
26 1, 2026, the rules of this Section include licensure
HB3595 Enrolled - 838 - LRB104 08153 BAB 18201 b
1 requirements adopted by the Department of Early Childhood. In
2 addition, the regulations of this Section include the Fire
3 Prevention and Safety requirements promulgated by the Office
4 of the State Fire Marshal, and is provided in any of the
5 following:
6 (1) a early care and education child care center which
7 is licensed or exempt from licensure pursuant to Section
8 2.09 of the Child Care Act of 1969;
9 (2) a licensed early care and education child care
10 home or home exempt from licensing;
11 (3) a licensed group early care and education child
12 care home;
13 (4) other types of early care and education child
14 care, including early care and education child care
15 provided by relatives or persons living in the same home
16 as the child, as determined by the Illinois Department by
17 rule.
18 (c-5) Solely for the purposes of coverage under the
19 Illinois Public Labor Relations Act, child and early care and
20 education day care home providers, including licensed and
21 license exempt, participating in the Department's child care
22 assistance program shall be considered to be public employees
23 and the State of Illinois shall be considered to be their
24 employer as of January 1, 2006 (the effective date of Public
25 Act 94-320), but not before. The State shall engage in
26 collective bargaining with an exclusive representative of
HB3595 Enrolled - 839 - LRB104 08153 BAB 18201 b
1 child and early care and education day care home providers
2 participating in the child care assistance program concerning
3 their terms and conditions of employment that are within the
4 State's control. Nothing in this subsection shall be
5 understood to limit the right of families receiving services
6 defined in this Section to select child and early care and
7 education day care home providers or supervise them within the
8 limits of this Section. The State shall not be considered to be
9 the employer of child and early care and education day care
10 home providers for any purposes not specifically provided in
11 Public Act 94-320, including, but not limited to, purposes of
12 vicarious liability in tort and purposes of statutory
13 retirement or health insurance benefits. Child and early care
14 and education day care home providers shall not be covered by
15 the State Employees Group Insurance Act of 1971.
16 In according child and early care and education day care
17 home providers and their selected representative rights under
18 the Illinois Public Labor Relations Act, the State intends
19 that the State action exemption to application of federal and
20 State antitrust laws be fully available to the extent that
21 their activities are authorized by Public Act 94-320.
22 (d) The Illinois Department shall establish, by rule, a
23 co-payment scale that provides for cost sharing by families
24 that receive early care and education child care services,
25 including parents whose only income is from assistance under
26 this Code. The co-payment shall be based on family income and
HB3595 Enrolled - 840 - LRB104 08153 BAB 18201 b
1 family size and may be based on other factors as appropriate.
2 Co-payments may be waived for families whose incomes are at or
3 below the federal poverty level.
4 (d-5) The Illinois Department, in consultation with its
5 Child Care and Development Advisory Council, shall develop a
6 plan to revise the child care assistance program's co-payment
7 scale. The plan shall be completed no later than February 1,
8 2008, and shall include:
9 (1) findings as to the percentage of income that the
10 average American family spends on child care and the
11 relative amounts that low-income families and the average
12 American family spend on other necessities of life;
13 (2) recommendations for revising the child care
14 co-payment scale to assure that families receiving child
15 care services from the Department are paying no more than
16 they can reasonably afford;
17 (3) recommendations for revising the child care
18 co-payment scale to provide at-risk children with complete
19 access to Preschool for All and Head Start; and
20 (4) recommendations for changes in child care program
21 policies that affect the affordability of child care.
22 (e) (Blank).
23 (f) The Illinois Department shall, by rule, set rates to
24 be paid for the various types of early care and education child
25 care. Early care and education Child care may be provided
26 through one of the following methods:
HB3595 Enrolled - 841 - LRB104 08153 BAB 18201 b
1 (1) arranging the early care and education child care
2 through eligible providers by use of purchase of service
3 contracts or vouchers;
4 (2) arranging with other agencies and community
5 volunteer groups for non-reimbursed early care and
6 education child care;
7 (3) (blank); or
8 (4) adopting such other arrangements as the Department
9 determines appropriate.
10 (f-1) Within 30 days after June 4, 2018 (the effective
11 date of Public Act 100-587), the Department of Human Services
12 shall establish rates for child care providers that are no
13 less than the rates in effect on January 1, 2018 increased by
14 4.26%.
15 (f-5) (Blank).
16 (g) Families eligible for assistance under this Section
17 shall be given the following options:
18 (1) receiving an early care and education a child care
19 certificate issued by the Department or a subcontractor of
20 the Department that may be used by the parents as payment
21 for child care and development services only; or
22 (2) if space is available, enrolling the child with a
23 child care provider that has a purchase of service
24 contract with the Department or a subcontractor of the
25 Department for the provision of early care and education
26 child care and development services. The Department may
HB3595 Enrolled - 842 - LRB104 08153 BAB 18201 b
1 identify particular priority populations for whom they may
2 request special consideration by a provider with purchase
3 of service contracts, provided that the providers shall be
4 permitted to maintain a balance of clients in terms of
5 household incomes and families and children with special
6 needs, as defined by rule.
7 (Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
8 102-926, eff. 5-27-22; 103-8, eff. 6-7-23; 103-594, eff.
9 6-25-24.)
10 Section 210. The Department of Early Childhood Act is
11 amended by changing Section 1-10 and the heading of Article 20
12 and Sections 20-10, 20-15, 20-20, 20-25, and 20-35 as follows:
13 (325 ILCS 3/1-10)
14 Sec. 1-10. Purpose. It is the purpose of this Act to
15 provide for the creation of the Department of Early Childhood
16 and to transfer to it certain rights, powers, duties, and
17 functions currently exercised by various agencies of State
18 Government. The Department of Early Childhood shall be the
19 lead State agency for administering and providing early
20 childhood education and care programs and services to children
21 and families. This Act centralizes home-visiting services,
22 early intervention services, preschool services, child care
23 services, licensing for early care and education day care
24 centers, early care and education day care homes, and group
HB3595 Enrolled - 843 - LRB104 08153 BAB 18201 b
1 early care and education day care homes, and other early
2 childhood education and care programs and administrative
3 functions historically managed by the Illinois State Board of
4 Education, the Illinois Department of Human Services, and the
5 Illinois Department of Children and Family Services.
6 Centralizing early childhood functions into a single State
7 agency is intended to simplify the process for parents and
8 caregivers to identify and enroll children in early childhood
9 services, to create new, equity-driven statewide systems, to
10 streamline administrative functions for providers, and to
11 improve kindergarten readiness for children.
12 (Source: P.A. 103-594, eff. 6-25-24.)
13 (325 ILCS 3/Art. 20 heading)
14 ARTICLE 20. POWERS AND DUTIES RELATING TO EARLY CARE AND
15 EDUCATION CHILD CARE AND DAY CARE LICENSING
16 (Source: P.A. 103-594, eff. 6-25-24.)
17 (325 ILCS 3/20-10)
18 Sec. 20-10. Early care and education Child care.
19 (a) The General Assembly recognizes that families with
20 children need child care in order to work. Child care is
21 expensive and families with limited access to economic
22 resources, including those who are transitioning from welfare
23 to work, often struggle to pay the costs of early care and
24 education day care. The General Assembly understands the
HB3595 Enrolled - 844 - LRB104 08153 BAB 18201 b
1 importance of helping working families with limited access to
2 economic resources become and remain self-sufficient. The
3 General Assembly also believes that it is the responsibility
4 of families to share in the costs of child care. It is also the
5 preference of the General Assembly that all working families
6 with limited access to economic resources should be treated
7 equally, regardless of their welfare status.
8 (b) On and after July 1, 2026, to the extent resources
9 permit, the Illinois Department of Early Childhood shall
10 provide early care and education child care services to
11 parents or other relatives as defined by rule who are working
12 or participating in employment or Department approved
13 education or training programs as prescribed in Section 9A-11
14 of the Illinois Public Aid Code.
15 (c) Smart Start Early Care and Education Child Care
16 Program. Through June 30, 2026, subject to appropriation, the
17 Department of Human Services shall establish and administer
18 the Smart Start Child Care Program. On and after July 1, 2026,
19 the Department of Early Childhood shall administer the Smart
20 Start Early Care and Education Child Care Program. The Smart
21 Start Early Care and Education Child Care Program shall focus
22 on creating affordable early care and education child care, as
23 well as increasing access to early care and education child
24 care, for Illinois residents and may include, but is not
25 limited to, providing funding to increase preschool
26 availability, providing funding for childcare workforce
HB3595 Enrolled - 845 - LRB104 08153 BAB 18201 b
1 compensation or capital investments, and expanding funding for
2 Early Childhood Access Consortium for Equity Scholarships. The
3 Department with authority to administer the Smart Start Early
4 Care and Education Child Care Program shall establish program
5 eligibility criteria, participation conditions, payment
6 levels, and other program requirements by rule. The Department
7 with authority to administer the Smart Start Early Care and
8 Education Child Care Program may consult with the Capital
9 Development Board, the Department of Commerce and Economic
10 Opportunity, the State Board of Education, and the Illinois
11 Housing Development Authority, and other state agencies as
12 determined by the Department in the management and
13 disbursement of funds for capital-related projects. The
14 Capital Development Board, the Department of Commerce and
15 Economic Opportunity, the State Board of Education, and the
16 Illinois Housing Development Authority, and other state
17 agencies as determined by the Department shall act in a
18 consulting role only for the evaluation of applicants, scoring
19 of applicants, or administration of the grant program.
20 (Source: P.A. 103-594, eff. 6-25-24.)
21 (325 ILCS 3/20-15)
22 Sec. 20-15. Early care and education Day care services.
23 (a) For the purpose of ensuring effective statewide
24 planning, development, and utilization of resources for the
25 early care and education day care of children, operated under
HB3595 Enrolled - 846 - LRB104 08153 BAB 18201 b
1 various auspices, the Department of Early Childhood is
2 designated on and after July 1, 2026 to coordinate all early
3 care and education day care activities for children of the
4 State and shall develop or continue, and shall update every
5 year, a State comprehensive early care and education day care
6 plan for submission to the Governor that identifies
7 high-priority areas and groups, relating them to available
8 resources and identifying the most effective approaches to the
9 use of existing early care and education day care services.
10 The State comprehensive early care and education day care plan
11 shall be made available to the General Assembly following the
12 Governor's approval of the plan.
13 The plan shall include methods and procedures for the
14 development of additional early care and education day care
15 resources for children to meet the goal of reducing short-run
16 and long-run dependency and to provide necessary enrichment
17 and stimulation to the education of young children.
18 Recommendations shall be made for State policy on optimum use
19 of private and public, local, State and federal resources,
20 including an estimate of the resources needed for the
21 licensing and regulation of early care and education day care
22 facilities.
23 A written report shall be submitted to the Governor and
24 the General Assembly annually on April 15. The report shall
25 include an evaluation of developments over the preceding
26 fiscal year, including cost-benefit analyses of various
HB3595 Enrolled - 847 - LRB104 08153 BAB 18201 b
1 arrangements. Beginning with the report in 1990 submitted by
2 the Department's predecessor agency and every 2 years
3 thereafter, the report shall also include the following:
4 (1) An assessment of the child care services, needs
5 and available resources throughout the State and an
6 assessment of the adequacy of existing early care and
7 education child care services, including, but not limited
8 to, services assisted under this Act and under any other
9 program administered by other State agencies.
10 (2) A survey of early care and education day care
11 facilities to determine the number of qualified
12 caregivers, as defined by rule, attracted to vacant
13 positions and any problems encountered by facilities in
14 attracting and retaining capable caregivers. The report
15 shall include an assessment, based on the survey, of
16 improvements in employee benefits that may attract capable
17 caregivers.
18 (3) The average wages and salaries and fringe benefit
19 packages paid to caregivers throughout the State, computed
20 on a regional basis, compared to similarly qualified
21 employees in other but related fields.
22 (4) The qualifications of new caregivers hired by at
23 licensed early care and education providers day care
24 facilities during the previous 2-year period.
25 (5) Recommendations for increasing caregiver wages and
26 salaries to ensure quality care for children.
HB3595 Enrolled - 848 - LRB104 08153 BAB 18201 b
1 (6) Evaluation of the fee structure and income
2 eligibility for early care and education child care
3 subsidized by the State.
4 (b) The Department of Early Childhood shall establish
5 policies and procedures for developing and implementing
6 interagency agreements with other agencies of the State
7 providing child care services or reimbursement for such
8 services. The plans shall be annually reviewed and modified
9 for the purpose of addressing issues of applicability and
10 service system barriers.
11 (c) In cooperation with other State agencies, the
12 Department of Early Childhood shall develop and implement, or
13 shall continue, a resource and referral system for the State
14 of Illinois either within the Department or by contract with
15 local or regional agencies. Funding for implementation of this
16 system may be provided through Department appropriations or
17 other interagency funding arrangements. The resource and
18 referral system shall provide at least the following services:
19 (1) Assembling and maintaining a database on the
20 supply of early care and education child care services.
21 (2) Providing information and referrals for parents.
22 (3) Coordinating the development of new early care and
23 education child care resources.
24 (4) Providing technical assistance and training to
25 early care and education child care service providers.
26 (5) Recording and analyzing the demand for early care
HB3595 Enrolled - 849 - LRB104 08153 BAB 18201 b
1 and education child care services.
2 (d) The Department of Early Childhood shall conduct early
3 care and education day care planning activities with the
4 following priorities:
5 (1) Development of voluntary early care and education
6 day care resources wherever possible, with the provision
7 for grants-in-aid only where demonstrated to be useful and
8 necessary as incentives or supports. The Department shall
9 design a plan to create more child care slots as well as
10 goals and timetables to improve quality and accessibility
11 of child care.
12 (2) Emphasis on service to children of recipients of
13 public assistance when such service will allow training or
14 employment of the parent toward achieving the goal of
15 independence.
16 (3) Care of children from families in stress and
17 crises whose members potentially may become, or are in
18 danger of becoming, non-productive and dependent.
19 (4) Expansion of family early care and education day
20 care facilities wherever possible.
21 (5) Location of centers in economically depressed
22 neighborhoods, preferably in multi-service centers with
23 cooperation of other agencies. The Department shall
24 coordinate the provision of grants, but only to the extent
25 funds are specifically appropriated for this purpose, to
26 encourage the creation and expansion of early care and
HB3595 Enrolled - 850 - LRB104 08153 BAB 18201 b
1 education child care centers in high need communities to
2 be issued by the State, business, and local governments.
3 (6) Use of existing facilities free of charge or for
4 reasonable rental whenever possible in lieu of
5 construction.
6 (7) Development of strategies for assuring a more
7 complete range of early care and education day care
8 options, including provision of early care and education
9 day care services in homes, in schools, or in centers,
10 which will enable parents to complete a course of
11 education or obtain or maintain employment and the
12 creation of more child care options for swing shift,
13 evening, and weekend workers and for working women with
14 sick children. The Department shall encourage companies to
15 provide early care and education child care in their own
16 offices or in the building in which the corporation is
17 located so that employees of all the building's tenants
18 can benefit from the facility.
19 (8) Development of strategies for subsidizing students
20 pursuing degrees in the early care and education child
21 care field.
22 (9) 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
HB3595 Enrolled - 851 - LRB104 08153 BAB 18201 b
1 services for participants in any programs of job training
2 conducted by the Department.
3 (e) The Department of Early Childhood 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. Where appropriate, existing non-governmental
8 agencies or associations shall be involved in planning by the
9 Department.
10 (Source: P.A. 103-594, eff. 6-25-24.)
11 (325 ILCS 3/20-20)
12 Sec. 20-20. Early care and education providers Day care
13 facilities for the children of migrant workers. On and after
14 July 1, 2026, the Department of Early Childhood shall operate
15 as an early care and education provider day care facilities
16 for the children of migrant workers in areas of the State where
17 they are needed. The Department of Early Childhood may provide
18 these early care and education day care services by
19 contracting with private centers if practicable. "Migrant
20 worker" means any person who moves seasonally from one place
21 to another, within or without the State, for the purpose of
22 employment in agricultural activities.
23 (Source: P.A. 103-594, eff. 6-25-24.)
24 (325 ILCS 3/20-25)
HB3595 Enrolled - 852 - LRB104 08153 BAB 18201 b
1 Sec. 20-25. Licensing early care and education day care
2 facilities.
3 (a) Beginning July 1, 2024, the Department of Early
4 Childhood and the Department of Children and Family Services
5 shall collaborate and plan for the transition of
6 administrative responsibilities related to licensing early
7 care and education day care centers, early care and education
8 day care homes, and group early care and education day care
9 homes as prescribed throughout the Child Care Act of 1969.
10 (b) Beginning July 1, 2026, the Department of Early
11 Childhood shall manage all facets of licensing for early care
12 and education day care centers, early care and education day
13 care homes, and group early care and education day care homes
14 as prescribed throughout the Child Care Act of 1969.
15 (Source: P.A. 103-594, eff. 6-25-24.)
16 (325 ILCS 3/20-35)
17 Sec. 20-35. Great START program.
18 (a) Through June 30, 2026, the Department of Human
19 Services shall, subject to a specific appropriation for this
20 purpose, operate a Great START (Strategy To Attract and Retain
21 Teachers) program. The goal of the program is to improve
22 children's developmental and educational outcomes in child
23 care by encouraging increased professional preparation by
24 staff and staff retention. The Great START program shall
25 coordinate with the TEACH professional development program.
HB3595 Enrolled - 853 - LRB104 08153 BAB 18201 b
1 The program shall provide wage supplements and may include
2 other incentives to licensed child care center personnel,
3 including early childhood teachers, school-age workers, early
4 childhood assistants, school-age assistants, and directors, as
5 such positions are defined by administrative rule of the
6 Department of Children and Family Services. The program shall
7 provide wage supplements and may include other incentives to
8 licensed family early care and education day care home
9 personnel and licensed group early care and education day care
10 home personnel, including caregivers and assistants as such
11 positions are defined by administrative rule of the Department
12 of Children and Family Services. Individuals will receive
13 supplements commensurate with their qualifications.
14 (b) On and after July 1, 2026, the Department of Early
15 Childhood shall, subject to a specific appropriation for this
16 purpose, operate a Great START program. The goal of the
17 program is to improve children's developmental and educational
18 outcomes in early care and education child care by encouraging
19 increased professional preparation by staff and staff
20 retention. The Great START program shall coordinate with the
21 TEACH professional development program.
22 The program shall provide wage supplements and may include
23 other incentives to licensed child care center personnel,
24 including early childhood teachers, school-age workers, early
25 childhood assistants, school-age assistants, and directors, as
26 such positions are defined by administrative rule by the
HB3595 Enrolled - 854 - LRB104 08153 BAB 18201 b
1 Department pursuant to subsection subsections (a) and this
2 subsection.
3 (c) The Department, pursuant to subsections (a) and (b),
4 shall, by rule, define the scope and operation of the program,
5 including a wage supplement scale. The scale shall pay
6 increasing amounts for higher levels of educational attainment
7 beyond minimum qualifications and shall recognize longevity of
8 employment. Subject to the availability of sufficient
9 appropriation, the wage supplements shall be paid to child
10 care personnel in the form of bonuses at 6-month intervals.
11 Six months of continuous service with a single employer is
12 required to be eligible to receive a wage supplement bonus.
13 Wage supplements shall be paid directly to individual early
14 care and education day care personnel, not to their employers.
15 Eligible individuals must provide to the Department or its
16 agent all information and documentation, including but not
17 limited to college transcripts, to demonstrate their
18 qualifications for a particular wage supplement level.
19 If appropriations permit, the Department may include
20 one-time signing bonuses or other incentives to help providers
21 attract staff, provided that the signing bonuses are less than
22 the supplement staff would have received if they had remained
23 employed with another early care and education day care center
24 or family early care and education day care home.
25 If appropriations permit, the Department may include
26 one-time longevity bonuses or other incentives to recognize
HB3595 Enrolled - 855 - LRB104 08153 BAB 18201 b
1 staff who have remained with a single employer.
2 (Source: P.A. 103-594, eff. 6-25-24.)
3 Section 215. The Abused and Neglected Child Reporting Act
4 is amended by changing Sections 2, 4, 7.8, 8.2, and 11.1 as
5 follows:
6 (325 ILCS 5/2) (from Ch. 23, par. 2052)
7 Sec. 2. (a) The Illinois Department of Children and Family
8 Services shall, upon receiving reports made under this Act,
9 protect the health, safety, and best interests of the child in
10 all situations in which the child is vulnerable to child abuse
11 or neglect, offer protective services in order to prevent any
12 further harm to the child and to other children in the same
13 environment or family, stabilize the home environment, and
14 preserve family life whenever possible. Recognizing that
15 children also can be abused and neglected while living in
16 public or private residential agencies or institutions meant
17 to serve them, while attending early care and education day
18 care centers, schools, or religious activities, or when in
19 contact with adults who are responsible for the welfare of the
20 child at that time, this Act also provides for the reporting
21 and investigation of child abuse and neglect in such
22 instances. In performing any of these duties, the Department
23 may utilize such protective services of voluntary agencies as
24 are available.
HB3595 Enrolled - 856 - LRB104 08153 BAB 18201 b
1 (b) The Department shall be responsible for receiving and
2 investigating reports of adult resident abuse or neglect under
3 the provisions of this Act.
4 (Source: P.A. 96-1446, eff. 8-20-10.)
5 (325 ILCS 5/4)
6 Sec. 4. Persons required to report; privileged
7 communications; transmitting false report.
8 (a) The following persons are required to immediately
9 report to the Department when they have reasonable cause to
10 believe that a child known to them in their professional or
11 official capacities may be an abused child or a neglected
12 child:
13 (1) Medical personnel, including any: physician
14 licensed to practice medicine in any of its branches
15 (medical doctor or doctor of osteopathy); resident;
16 intern; medical administrator or personnel engaged in the
17 examination, care, and treatment of persons; psychiatrist;
18 surgeon; dentist; dental hygienist; chiropractic
19 physician; podiatric physician; physician assistant;
20 emergency medical technician; physical therapist; physical
21 therapy assistant; occupational therapist; occupational
22 therapy assistant; acupuncturist; registered nurse;
23 licensed practical nurse; advanced practice registered
24 nurse; genetic counselor; respiratory care practitioner;
25 home health aide; or certified nursing assistant.
HB3595 Enrolled - 857 - LRB104 08153 BAB 18201 b
1 (2) Social services and mental health personnel,
2 including any: licensed professional counselor; licensed
3 clinical professional counselor; licensed social worker;
4 licensed clinical social worker; licensed psychologist or
5 assistant working under the direct supervision of a
6 psychologist; associate licensed marriage and family
7 therapist; licensed marriage and family therapist; field
8 personnel of the Departments of Healthcare and Family
9 Services, Public Health, Human Services, Human Rights, or
10 Children and Family Services; supervisor or administrator
11 of the General Assistance program established under
12 Article VI of the Illinois Public Aid Code; social
13 services administrator; or substance abuse treatment
14 personnel.
15 (3) Crisis intervention personnel, including any:
16 crisis line or hotline personnel; or domestic violence
17 program personnel.
18 (4) Education personnel, including any: school
19 personnel (including administrators and certified and
20 non-certified school employees); personnel of institutions
21 of higher education; educational advocate assigned to a
22 child in accordance with the School Code; member of a
23 school board or the Chicago Board of Education or the
24 governing body of a private school (but only to the extent
25 required under subsection (d)); or truant officer.
26 (5) Recreation or athletic program or facility
HB3595 Enrolled - 858 - LRB104 08153 BAB 18201 b
1 personnel; or an athletic trainer.
2 (6) Child care personnel, including any: early
3 intervention provider as defined in the Early Intervention
4 Services System Act; director or staff assistant of a
5 nursery school or an early care and education a child day
6 care center; or foster parent, homemaker, or child care
7 worker.
8 (7) Law enforcement personnel, including any: law
9 enforcement officer; field personnel of the Department of
10 Juvenile Justice; field personnel of the Department of
11 Corrections; probation officer; or animal control officer
12 or field investigator of the Department of Agriculture's
13 Bureau of Animal Health and Welfare.
14 (8) Any funeral home director; funeral home director
15 and embalmer; funeral home employee; coroner; or medical
16 examiner.
17 (9) Any member of the clergy.
18 (10) Any physician, physician assistant, registered
19 nurse, licensed practical nurse, medical technician,
20 certified nursing assistant, licensed social worker,
21 licensed clinical social worker, or licensed professional
22 counselor of any office, clinic, licensed behavior
23 analyst, licensed assistant behavior analyst, or any other
24 physical location that provides abortions, abortion
25 referrals, or contraceptives.
26 (b) When 2 or more persons who work within the same
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1 workplace and are required to report under this Act share a
2 reasonable cause to believe that a child may be an abused or
3 neglected child, one of those reporters may be designated to
4 make a single report. The report shall include the names and
5 contact information for the other mandated reporters sharing
6 the reasonable cause to believe that a child may be an abused
7 or neglected child. The designated reporter must provide
8 written confirmation of the report to those mandated reporters
9 within 48 hours. If confirmation is not provided, those
10 mandated reporters are individually responsible for
11 immediately ensuring a report is made. Nothing in this Section
12 precludes or may be used to preclude any person from reporting
13 child abuse or child neglect.
14 (c)(1) As used in this Section, "a child known to them in
15 their professional or official capacities" means:
16 (A) the mandated reporter comes into contact with the
17 child in the course of the reporter's employment or
18 practice of a profession, or through a regularly scheduled
19 program, activity, or service;
20 (B) the mandated reporter is affiliated with an
21 agency, institution, organization, school, school
22 district, regularly established church or religious
23 organization, or other entity that is directly responsible
24 for the care, supervision, guidance, or training of the
25 child; or
26 (C) a person makes a specific disclosure to the
HB3595 Enrolled - 860 - LRB104 08153 BAB 18201 b
1 mandated reporter that an identifiable child is the victim
2 of child abuse or child neglect, and the disclosure
3 happens while the mandated reporter is engaged in the
4 reporter's employment or practice of a profession, or in a
5 regularly scheduled program, activity, or service.
6 (2) Nothing in this Section requires a child to come
7 before the mandated reporter in order for the reporter to make
8 a report of suspected child abuse or child neglect.
9 (d) If an allegation is raised to a school board member
10 during the course of an open or closed school board meeting
11 that a child who is enrolled in the school district of which
12 the person is a board member is an abused child as defined in
13 Section 3 of this Act, the member shall direct or cause the
14 school board to direct the superintendent of the school
15 district or other equivalent school administrator to comply
16 with the requirements of this Act concerning the reporting of
17 child abuse. For purposes of this paragraph, a school board
18 member is granted the authority in that board member's
19 individual capacity to direct the superintendent of the school
20 district or other equivalent school administrator to comply
21 with the requirements of this Act concerning the reporting of
22 child abuse.
23 Notwithstanding any other provision of this Act, if an
24 employee of a school district has made a report or caused a
25 report to be made to the Department under this Act involving
26 the conduct of a current or former employee of the school
HB3595 Enrolled - 861 - LRB104 08153 BAB 18201 b
1 district and a request is made by another school district for
2 the provision of information concerning the job performance or
3 qualifications of the current or former employee because the
4 current or former employee is an applicant for employment with
5 the requesting school district, the general superintendent of
6 the school district to which the request is being made must
7 disclose to the requesting school district the fact that an
8 employee of the school district has made a report involving
9 the conduct of the applicant or caused a report to be made to
10 the Department, as required under this Act. Only the fact that
11 an employee of the school district has made a report involving
12 the conduct of the applicant or caused a report to be made to
13 the Department may be disclosed by the general superintendent
14 of the school district to which the request for information
15 concerning the applicant is made, and this fact may be
16 disclosed only in cases where the employee and the general
17 superintendent have not been informed by the Department that
18 the allegations were unfounded. An employee of a school
19 district who is or has been the subject of a report made
20 pursuant to this Act during the employee's employment with the
21 school district must be informed by that school district that
22 if the employee applies for employment with another school
23 district, the general superintendent of the former school
24 district, upon the request of the school district to which the
25 employee applies, shall notify that requesting school district
26 that the employee is or was the subject of such a report.
HB3595 Enrolled - 862 - LRB104 08153 BAB 18201 b
1 (e) Whenever such person is required to report under this
2 Act in the person's capacity as a member of the staff of a
3 medical or other public or private institution, school,
4 facility or agency, or as a member of the clergy, the person
5 shall make report immediately to the Department in accordance
6 with the provisions of this Act and may also notify the person
7 in charge of such institution, school, facility or agency, or
8 church, synagogue, temple, mosque, or other religious
9 institution, or designated agent of the person in charge that
10 such report has been made. Under no circumstances shall any
11 person in charge of such institution, school, facility or
12 agency, or church, synagogue, temple, mosque, or other
13 religious institution, or designated agent of the person in
14 charge to whom such notification has been made, exercise any
15 control, restraint, modification or other change in the report
16 or the forwarding of such report to the Department.
17 (f) In addition to the persons required to report
18 suspected cases of child abuse or child neglect under this
19 Section, any other person may make a report if such person has
20 reasonable cause to believe a child may be an abused child or a
21 neglected child.
22 (g) The privileged quality of communication between any
23 professional person required to report and the professional
24 person's patient or client shall not apply to situations
25 involving abused or neglected children and shall not
26 constitute grounds for failure to report as required by this
HB3595 Enrolled - 863 - LRB104 08153 BAB 18201 b
1 Act or constitute grounds for failure to share information or
2 documents with the Department during the course of a child
3 abuse or neglect investigation. If requested by the
4 professional, the Department shall confirm in writing that the
5 information or documents disclosed by the professional were
6 gathered in the course of a child abuse or neglect
7 investigation.
8 The reporting requirements of this Act shall not apply to
9 the contents of a privileged communication between an attorney
10 and the attorney's client or to confidential information
11 within the meaning of Rule 1.6 of the Illinois Rules of
12 Professional Conduct relating to the legal representation of
13 an individual client.
14 A member of the clergy may claim the privilege under
15 Section 8-803 of the Code of Civil Procedure.
16 (h) Any office, clinic, or any other physical location
17 that provides abortions, abortion referrals, or contraceptives
18 shall provide to all office personnel copies of written
19 information and training materials about abuse and neglect and
20 the requirements of this Act that are provided to employees of
21 the office, clinic, or physical location who are required to
22 make reports to the Department under this Act, and instruct
23 such office personnel to bring to the attention of an employee
24 of the office, clinic, or physical location who is required to
25 make reports to the Department under this Act any reasonable
26 suspicion that a child known to office personnel in their
HB3595 Enrolled - 864 - LRB104 08153 BAB 18201 b
1 professional or official capacity may be an abused child or a
2 neglected child.
3 (i) Any person who enters into employment on and after
4 July 1, 1986 and is mandated by virtue of that employment to
5 report under this Act, shall sign a statement on a form
6 prescribed by the Department, to the effect that the employee
7 has knowledge and understanding of the reporting requirements
8 of this Act. On and after January 1, 2019, the statement shall
9 also include information about available mandated reporter
10 training provided by the Department. The statement shall be
11 signed prior to commencement of the employment. The signed
12 statement shall be retained by the employer. The cost of
13 printing, distribution, and filing of the statement shall be
14 borne by the employer.
15 (j) Persons required to report child abuse or child
16 neglect as provided under this Section must complete an
17 initial mandated reporter training, including a section on
18 implicit bias, within 3 months of their date of engagement in a
19 professional or official capacity as a mandated reporter, or
20 within the time frame of any other applicable State law that
21 governs training requirements for a specific profession, and
22 at least every 3 years thereafter. The initial requirement
23 only applies to the first time they engage in their
24 professional or official capacity. In lieu of training every 3
25 years, medical personnel, as listed in paragraph (1) of
26 subsection (a), must meet the requirements described in
HB3595 Enrolled - 865 - LRB104 08153 BAB 18201 b
1 subsection (k).
2 The mandated reporter trainings shall be in-person or
3 web-based, and shall include, at a minimum, information on the
4 following topics: (i) indicators for recognizing child abuse
5 and child neglect, as defined under this Act; (ii) the process
6 for reporting suspected child abuse and child neglect in
7 Illinois as required by this Act and the required
8 documentation; (iii) responding to a child in a
9 trauma-informed manner; and (iv) understanding the response of
10 child protective services and the role of the reporter after a
11 call has been made. Child-serving organizations are encouraged
12 to provide in-person annual trainings.
13 The implicit bias section shall be in-person or web-based,
14 and shall include, at a minimum, information on the following
15 topics: (i) implicit bias and (ii) racial and ethnic
16 sensitivity. As used in this subsection, "implicit bias" means
17 the attitudes or internalized stereotypes that affect people's
18 perceptions, actions, and decisions in an unconscious manner
19 and that exist and often contribute to unequal treatment of
20 people based on race, ethnicity, gender identity, sexual
21 orientation, age, disability, and other characteristics. The
22 implicit bias section shall provide tools to adjust automatic
23 patterns of thinking and ultimately eliminate discriminatory
24 behaviors. During these trainings mandated reporters shall
25 complete the following: (1) a pretest to assess baseline
26 implicit bias levels; (2) an implicit bias training task; and
HB3595 Enrolled - 866 - LRB104 08153 BAB 18201 b
1 (3) a posttest to reevaluate bias levels after training. The
2 implicit bias curriculum for mandated reporters shall be
3 developed within one year after January 1, 2022 (the effective
4 date of Public Act 102-604) and shall be created in
5 consultation with organizations demonstrating expertise and or
6 experience in the areas of implicit bias, youth and adolescent
7 developmental issues, prevention of child abuse, exploitation,
8 and neglect, culturally diverse family systems, and the child
9 welfare system.
10 The mandated reporter training, including a section on
11 implicit bias, shall be provided through the Department,
12 through an entity authorized to provide continuing education
13 for professionals licensed through the Department of Financial
14 and Professional Regulation, the State Board of Education, the
15 Illinois Law Enforcement Training Standards Board, or the
16 Illinois State Police, or through an organization approved by
17 the Department to provide mandated reporter training,
18 including a section on implicit bias. The Department must make
19 available a free web-based training for reporters.
20 Each mandated reporter shall report to the mandated
21 reporter's employer and, when applicable, to the mandated
22 reporter's licensing or certification board that the mandated
23 reporter received the mandated reporter training. The mandated
24 reporter shall maintain records of completion.
25 Beginning January 1, 2021, if a mandated reporter receives
26 licensure from the Department of Financial and Professional
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1 Regulation or the State Board of Education, and the mandated
2 reporter's profession has continuing education requirements,
3 the training mandated under this Section shall count toward
4 meeting the licensee's required continuing education hours.
5 (k)(1) Medical personnel, as listed in paragraph (1) of
6 subsection (a), who work with children in their professional
7 or official capacity, must complete mandated reporter training
8 at least every 6 years. Such medical personnel, if licensed,
9 must attest at each time of licensure renewal on their renewal
10 form that they understand they are a mandated reporter of
11 child abuse and neglect, that they are aware of the process for
12 making a report, that they know how to respond to a child in a
13 trauma-informed manner, and that they are aware of the role of
14 child protective services and the role of a reporter after a
15 call has been made.
16 (2) In lieu of repeated training, medical personnel, as
17 listed in paragraph (1) of subsection (a), who do not work with
18 children in their professional or official capacity, may
19 instead attest each time at licensure renewal on their renewal
20 form that they understand they are a mandated reporter of
21 child abuse and neglect, that they are aware of the process for
22 making a report, that they know how to respond to a child in a
23 trauma-informed manner, and that they are aware of the role of
24 child protective services and the role of a reporter after a
25 call has been made. Nothing in this paragraph precludes
26 medical personnel from completing mandated reporter training
HB3595 Enrolled - 868 - LRB104 08153 BAB 18201 b
1 and receiving continuing education credits for that training.
2 (l) The Department shall provide copies of this Act, upon
3 request, to all employers employing persons who shall be
4 required under the provisions of this Section to report under
5 this Act.
6 (m) Any person who knowingly transmits a false report to
7 the Department commits the offense of disorderly conduct under
8 subsection (a)(7) of Section 26-1 of the Criminal Code of
9 2012. A violation of this provision is a Class 4 felony.
10 Any person who knowingly and willfully violates any
11 provision of this Section other than a second or subsequent
12 violation of transmitting a false report as described in the
13 preceding paragraph, is guilty of a Class A misdemeanor for a
14 first violation and a Class 4 felony for a second or subsequent
15 violation; except that if the person acted as part of a plan or
16 scheme having as its object the prevention of discovery of an
17 abused or neglected child by lawful authorities for the
18 purpose of protecting or insulating any person or entity from
19 arrest or prosecution, the person is guilty of a Class 4 felony
20 for a first offense and a Class 3 felony for a second or
21 subsequent offense (regardless of whether the second or
22 subsequent offense involves any of the same facts or persons
23 as the first or other prior offense).
24 (n) A child whose parent, guardian or custodian in good
25 faith selects and depends upon spiritual means through prayer
26 alone for the treatment or cure of disease or remedial care may
HB3595 Enrolled - 869 - LRB104 08153 BAB 18201 b
1 be considered neglected or abused, but not for the sole reason
2 that the child's parent, guardian or custodian accepts and
3 practices such beliefs.
4 (o) A child shall not be considered neglected or abused
5 solely because the child is not attending school in accordance
6 with the requirements of Article 26 of the School Code, as
7 amended.
8 (p) Nothing in this Act prohibits a mandated reporter who
9 reasonably believes that an animal is being abused or
10 neglected in violation of the Humane Care for Animals Act from
11 reporting animal abuse or neglect to the Department of
12 Agriculture's Bureau of Animal Health and Welfare.
13 (q) A home rule unit may not regulate the reporting of
14 child abuse or neglect in a manner inconsistent with the
15 provisions of this Section. This Section is a limitation under
16 subsection (i) of Section 6 of Article VII of the Illinois
17 Constitution on the concurrent exercise by home rule units of
18 powers and functions exercised by the State.
19 (r) For purposes of this Section "child abuse or neglect"
20 includes abuse or neglect of an adult resident as defined in
21 this Act.
22 (Source: P.A. 102-604, eff. 1-1-22; 102-861, eff. 1-1-23;
23 102-953, eff. 5-27-22; 103-22, eff. 8-8-23; 103-154, eff.
24 6-30-23.)
25 (325 ILCS 5/7.8)
HB3595 Enrolled - 870 - LRB104 08153 BAB 18201 b
1 Sec. 7.8. Upon receiving an oral or written report of
2 suspected child abuse or neglect, the Department shall
3 immediately notify, either orally or electronically, the Child
4 Protective Service Unit of a previous report concerning a
5 subject of the present report or other pertinent information.
6 In addition, upon satisfactory identification procedures, to
7 be established by Department regulation, any person authorized
8 to have access to records under Section 11.1 relating to child
9 abuse and neglect may request and shall be immediately
10 provided the information requested in accordance with this
11 Act. However, no information shall be released unless it
12 prominently states the report is "indicated", and only
13 information from "indicated" reports shall be released, except
14 that:
15 (1) Information concerning pending reports may be
16 released pursuant to Sections 7.14 and 7.22 of this Act to
17 the attorney or guardian ad litem appointed under Section
18 2-17 of the Juvenile Court Act of 1987 and to any person
19 authorized under paragraphs (1), (2), (3), and (11), and
20 (21) of subsection (a) of Section 11.1.
21 (2) State's Attorneys are authorized to receive
22 unfounded reports:
23 (A) for prosecution purposes related to the
24 transmission of false reports of child abuse or
25 neglect in violation of subsection (a), paragraph (7)
26 of Section 26-1 of the Criminal Code of 2012; or
HB3595 Enrolled - 871 - LRB104 08153 BAB 18201 b
1 (B) for the purposes of screening and prosecuting
2 a petition filed under Article II of the Juvenile
3 Court Act of 1987 alleging abuse or neglect relating
4 to the same child, a sibling of the child, the same
5 perpetrator, or a child or perpetrator in the same
6 household as the child for whom the petition is being
7 filed.
8 (3) The parties to the proceedings filed under Article
9 II of the Juvenile Court Act of 1987 are entitled to
10 receive copies of unfounded reports regarding the same
11 child, a sibling of the child, the same perpetrator, or a
12 child or perpetrator in the same household as the child
13 for purposes of hearings under Sections 2-10 and 2-21 of
14 the Juvenile Court Act of 1987.
15 (4) Attorneys and guardians ad litem appointed under
16 Article II of the Juvenile Court Act of 1987 shall receive
17 the reports set forth in Section 7.14 of this Act in
18 conformance with paragraph (19) of subsection (a) of
19 Section 11.1 and Section 7.14 of this Act.
20 (5) The Department of Public Health shall receive
21 information from unfounded reports involving children
22 alleged to have been abused or neglected while
23 hospitalized, including while hospitalized in freestanding
24 psychiatric hospitals licensed by the Department of Public
25 Health, as necessary for the Department of Public Health
26 to conduct its licensing investigation.
HB3595 Enrolled - 872 - LRB104 08153 BAB 18201 b
1 (6) The Department is authorized and required to
2 release information from unfounded reports, upon request
3 by a person who has access to the unfounded report as
4 provided in this Act, as necessary in its determination to
5 protect children and adult residents who are in child care
6 facilities licensed by the Department under the Child Care
7 Act of 1969. The names and other identifying data and the
8 dates and the circumstances of any persons requesting or
9 receiving information from the central register shall be
10 entered in the register record.
11 (7) The Department of Early Childhood is authorized to
12 receive unfounded reports and related information
13 concerning any individual who is providing early care and
14 education services in the State of Illinois, whether
15 licensed or unlicensed, and any individual who has applied
16 for a license to provide early care and education services
17 in the State of Illinois. Pursuant to this subsection, the
18 Department of Early Childhood is authorized to receive
19 unfounded reports and related information concerning: (i)
20 any individual who is operating an early care and
21 education center, an early care and education home, or a
22 group day care home in Illinois; (ii) any individual who
23 has applied for a license to operate an early care and
24 education center, an early care and education home, or a
25 group day care home in Illinois; (iii) any individual who
26 is an employee, contractor, or agent of an early care and
HB3595 Enrolled - 873 - LRB104 08153 BAB 18201 b
1 education center, an early care and education home, or a
2 group day care home in Illinois; (iv) any individual who
3 resides at the location where early care and education
4 services are provided or in the context of an application
5 for license, are sought to be provided; and (v) any
6 facility licensee, or applicant entity associated with the
7 operation of an early care and education center, an early
8 care and education home, or a early care and education
9 home in Illinois.
10 (Source: P.A. 101-43, eff. 1-1-20; 102-532, eff. 8-20-21;
11 102-813, eff. 5-13-22.)
12 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
13 Sec. 8.2. If the Child Protective Service Unit determines,
14 following an investigation made pursuant to Section 7.4 of
15 this Act, that there is credible evidence that the child is
16 abused or neglected, the Department shall assess the family's
17 need for services, and, as necessary, develop, with the
18 family, an appropriate service plan for the family's voluntary
19 acceptance or refusal. In any case where there is evidence
20 that the perpetrator of the abuse or neglect has a substance
21 use disorder as defined in the Substance Use Disorder Act, the
22 Department, when making referrals for drug or alcohol abuse
23 services, shall make such referrals to facilities licensed by
24 the Department of Human Services or the Department of Public
25 Health. The Department shall comply with Section 8.1 by
HB3595 Enrolled - 874 - LRB104 08153 BAB 18201 b
1 explaining its lack of legal authority to compel the
2 acceptance of services and may explain its concomitant
3 authority to petition the Circuit court under the Juvenile
4 Court Act of 1987 or refer the case to the local law
5 enforcement authority or State's attorney for criminal
6 prosecution.
7 For purposes of this Act, the term "family preservation
8 services" refers to all services to help families, including
9 adoptive and extended families. Family preservation services
10 shall be offered, where safe and appropriate, to prevent the
11 placement of children in substitute care when the children can
12 be cared for at home or in the custody of the person
13 responsible for the children's welfare without endangering the
14 children's health or safety, to reunite them with their
15 families if so placed when reunification is an appropriate
16 goal, or to maintain an adoptive placement. The term
17 "homemaker" includes emergency caretakers, homemakers,
18 caretakers, housekeepers and chore services. The term
19 "counseling" includes individual therapy, infant stimulation
20 therapy, family therapy, group therapy, self-help groups, drug
21 and alcohol abuse counseling, vocational counseling and
22 post-adoptive services. The term "early care and education day
23 care" includes protective early care and education day care
24 and early care and education day care to meet educational,
25 prevocational or vocational needs. The term "emergency
26 assistance and advocacy" includes coordinated services to
HB3595 Enrolled - 875 - LRB104 08153 BAB 18201 b
1 secure emergency cash, food, housing and medical assistance or
2 advocacy for other subsistence and family protective needs.
3 Before July 1, 2000, appropriate family preservation
4 services shall, subject to appropriation, be included in the
5 service plan if the Department has determined that those
6 services will ensure the child's health and safety, are in the
7 child's best interests, and will not place the child in
8 imminent risk of harm. Beginning July 1, 2000, appropriate
9 family preservation services shall be uniformly available
10 throughout the State. The Department shall promptly notify
11 children and families of the Department's responsibility to
12 offer and provide family preservation services as identified
13 in the service plan. Such plans may include but are not limited
14 to: case management services; homemakers; counseling; parent
15 education; early care and education day care; emergency
16 assistance and advocacy assessments; respite care; in-home
17 health care; transportation to obtain any of the above
18 services; and medical assistance. Nothing in this paragraph
19 shall be construed to create a private right of action or claim
20 on the part of any individual or child welfare agency, except
21 that when a child is the subject of an action under Article II
22 of the Juvenile Court Act of 1987 and the child's service plan
23 calls for services to facilitate achievement of the permanency
24 goal, the court hearing the action under Article II of the
25 Juvenile Court Act of 1987 may order the Department to provide
26 the services set out in the plan, if those services are not
HB3595 Enrolled - 876 - LRB104 08153 BAB 18201 b
1 provided with reasonable promptness and if those services are
2 available.
3 Each Department field office shall maintain on a local
4 basis directories of services available to children and
5 families in the local area where the Department office is
6 located.
7 The Department shall refer children and families served
8 pursuant to this Section to private agencies and governmental
9 agencies, where available.
10 Incentives that discourage or reward a decision to provide
11 family preservation services after a report is indicated or a
12 decision to refer a child for the filing of a petition under
13 Article II of the Juvenile Court Act of 1987 are strictly
14 prohibited and shall not be included in any contract, quality
15 assurance, or performance review process. Incentives include,
16 but are not limited to, monetary benefits, contingencies, and
17 enhanced or diminished performance reviews for individuals or
18 agencies.
19 Any decision regarding whether to provide family
20 preservation services after an indicated report or to refer a
21 child for the filing of a petition under Article II of the
22 Juvenile Court Act of 1987 shall be based solely on the child's
23 health, safety, and best interests and on any applicable law.
24 If a difference of opinion exists between a private agency and
25 the Department regarding whether to refer for the filing of a
26 petition under Article II of the Juvenile Court Act of 1987,
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1 the case shall be referred to the Deputy Director of Child
2 Protection for review and determination.
3 Any Department employee responsible for reviewing
4 contracts or program plans who is aware of a violation of this
5 Section shall immediately refer the matter to the Inspector
6 General of the Department.
7 Where there are 2 equal proposals from both a
8 not-for-profit and a for-profit agency to provide services,
9 the Department shall give preference to the proposal from the
10 not-for-profit agency.
11 No service plan shall compel any child or parent to engage
12 in any activity or refrain from any activity which is not
13 reasonably related to remedying a condition or conditions that
14 gave rise or which could give rise to any finding of child
15 abuse or neglect.
16 (Source: P.A. 100-759, eff. 1-1-19; 101-528, eff. 8-23-19.)
17 (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
18 Sec. 11.1. Access to records.
19 (a) A person shall have access to the records described in
20 Section 11 only in furtherance of purposes directly connected
21 with the administration of this Act or the Intergovernmental
22 Missing Child Recovery Act of 1984. Those persons and purposes
23 for access include:
24 (1) Department staff in the furtherance of their
25 responsibilities under this Act, or for the purpose of
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1 completing background investigations on persons or
2 agencies licensed by the Department or with whom the
3 Department contracts for the provision of child welfare
4 services.
5 (2) A law enforcement agency investigating known or
6 suspected child abuse or neglect, known or suspected
7 involvement with child sexual abuse material, known or
8 suspected criminal sexual assault, known or suspected
9 criminal sexual abuse, or any other sexual offense when a
10 child is alleged to be involved.
11 (3) The Illinois State Police when administering the
12 provisions of the Intergovernmental Missing Child Recovery
13 Act of 1984.
14 (4) A physician who has before the physician a child
15 whom the physician reasonably suspects may be abused or
16 neglected.
17 (5) A person authorized under Section 5 of this Act to
18 place a child in temporary protective custody when such
19 person requires the information in the report or record to
20 determine whether to place the child in temporary
21 protective custody.
22 (6) A person having the legal responsibility or
23 authorization to care for, treat, or supervise a child, or
24 a parent, prospective adoptive parent, foster parent,
25 guardian, or other person responsible for the child's
26 welfare, who is the subject of a report.
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1 (7) Except in regard to harmful or detrimental
2 information as provided in Section 7.19, any subject of
3 the report, and if the subject of the report is a minor,
4 the minor's guardian or guardian ad litem.
5 (8) A court, upon its finding that access to such
6 records may be necessary for the determination of an issue
7 before such court; however, such access shall be limited
8 to in camera inspection, unless the court determines that
9 public disclosure of the information contained therein is
10 necessary for the resolution of an issue then pending
11 before it.
12 (8.1) A probation officer or other authorized
13 representative of a probation or court services department
14 conducting an investigation ordered by a court under the
15 Juvenile Court Act of 1987.
16 (9) A grand jury, upon its determination that access
17 to such records is necessary in the conduct of its
18 official business.
19 (10) Any person authorized by the Director, in
20 writing, for audit or bona fide research purposes.
21 (11) Law enforcement agencies, coroners or medical
22 examiners, physicians, courts, school superintendents and
23 child welfare agencies in other states who are responsible
24 for child abuse or neglect investigations or background
25 investigations.
26 (12) The Department of Financial and Professional
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1 Regulation, the State Board of Education and school
2 superintendents in Illinois, who may use or disclose
3 information from the records as they deem necessary to
4 conduct investigations or take disciplinary action, as
5 provided by law.
6 (13) A coroner or medical examiner who has reason to
7 believe that a child has died as the result of abuse or
8 neglect.
9 (14) The Director of a State-operated facility when an
10 employee of that facility is the perpetrator in an
11 indicated report.
12 (15) The operator of a licensed child care facility or
13 a facility licensed by the Department of Human Services
14 (as successor to the Department of Alcoholism and
15 Substance Abuse) in which children reside when a current
16 or prospective employee of that facility is the
17 perpetrator in an indicated child abuse or neglect report,
18 pursuant to Section 4.3 of the Child Care Act of 1969.
19 (16) Members of a multidisciplinary team in the
20 furtherance of its responsibilities under subsection (b)
21 of Section 7.1. All reports concerning child abuse and
22 neglect made available to members of such
23 multidisciplinary teams and all records generated as a
24 result of such reports shall be confidential and shall not
25 be disclosed, except as specifically authorized by this
26 Act or other applicable law. It is a Class A misdemeanor to
HB3595 Enrolled - 881 - LRB104 08153 BAB 18201 b
1 permit, assist or encourage the unauthorized release of
2 any information contained in such reports or records.
3 Nothing contained in this Section prevents the sharing of
4 reports or records relating or pertaining to the death of
5 a minor under the care of or receiving services from the
6 Department of Children and Family Services and under the
7 jurisdiction of the juvenile court with the juvenile
8 court, the State's Attorney, and the minor's attorney.
9 (17) The Department of Human Services, as provided in
10 Section 17 of the Rehabilitation of Persons with
11 Disabilities Act.
12 (18) Any other agency or investigative body, including
13 the Department of Public Health and a local board of
14 health, authorized by State law to conduct an
15 investigation into the quality of care provided to
16 children in hospitals and other State regulated care
17 facilities.
18 (19) The person appointed, under Section 2-17 of the
19 Juvenile Court Act of 1987, as the guardian ad litem of a
20 minor who is the subject of a report or records under this
21 Act; or the person appointed, under Section 5-610 of the
22 Juvenile Court Act of 1987, as the guardian ad litem of a
23 minor who is in the custody or guardianship of the
24 Department or who has an open intact family services case
25 with the Department and who is the subject of a report or
26 records made pursuant to this Act.
HB3595 Enrolled - 882 - LRB104 08153 BAB 18201 b
1 (20) The Department of Human Services, as provided in
2 Section 10 of the Early Intervention Services System Act,
3 and the operator of a facility providing early
4 intervention services pursuant to that Act, for the
5 purpose of determining whether a current or prospective
6 employee who provides or may provide direct services under
7 that Act is the perpetrator in an indicated report of
8 child abuse or neglect filed under this Act.
9 (21) The Department of Early Childhood staff, in
10 furtherance of their responsibilities under the Department
11 of Early Childhood Act, for the purpose of conducting
12 investigations, licensing actions, or other oversight
13 activities involving operators of licensed day care
14 centers, day care homes, or group day care homes. The
15 Department of Early Childhood may use or disclose such
16 information only as necessary to carry out its statutory
17 duties related to licensing, regulatory compliance, and
18 child safety.
19 (b) Nothing contained in this Act prevents the sharing or
20 disclosure of information or records relating or pertaining to
21 juveniles subject to the provisions of the Serious Habitual
22 Offender Comprehensive Action Program when that information is
23 used to assist in the early identification and treatment of
24 habitual juvenile offenders.
25 (c) To the extent that persons or agencies are given
26 access to information pursuant to this Section, those persons
HB3595 Enrolled - 883 - LRB104 08153 BAB 18201 b
1 or agencies may give this information to and receive this
2 information from each other in order to facilitate an
3 investigation conducted by those persons or agencies.
4 (Source: P.A. 103-22, eff. 8-8-23; 104-245, eff. 1-1-26.)
5 Section 220. The Missing Children Records Act is amended
6 by changing Section 5 as follows:
7 (325 ILCS 50/5) (from Ch. 23, par. 2285)
8 Sec. 5. Duties of school or other entity.
9 (a) Upon notification by the Illinois State Police of a
10 person's disappearance, a school, preschool educational
11 program, child care facility, or early care and education day
12 care home or group early care and education day care home in
13 which the person is currently or was previously enrolled shall
14 flag the record of that person in such a manner that whenever a
15 copy of or information regarding the record is requested, the
16 school or other entity shall be alerted to the fact that the
17 record is that of a missing person. The school or other entity
18 shall immediately report to the Illinois State Police any
19 request concerning flagged records or knowledge as to the
20 whereabouts of any missing person. Upon notification by the
21 Illinois State Police that the missing person has been
22 recovered, the school or other entity shall remove the flag
23 from the person's record.
24 (b) (1) For every child enrolled in a particular
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1 elementary or secondary school, public or private preschool
2 educational program, public or private child care facility
3 licensed under the Child Care Act of 1969, or early care and
4 education day care home or group early care and education day
5 care home licensed under the Child Care Act of 1969, that
6 school or other entity shall notify in writing the person
7 enrolling the child that within 30 days he must provide either
8 (i) a certified copy of the child's birth certificate or (ii)
9 other reliable proof, as determined by the Illinois State
10 Police, of the child's identity and age and an affidavit
11 explaining the inability to produce a copy of the birth
12 certificate. Other reliable proof of the child's identity and
13 age shall include a passport, visa or other governmental
14 documentation of the child's identity. When the person
15 enrolling the child provides the school or other entity with a
16 certified copy of the child's birth certificate, the school or
17 other entity shall promptly make a copy of the certified copy
18 for its records and return the original certified copy to the
19 person enrolling the child. Once a school or other entity has
20 been provided with a certified copy of a child's birth
21 certificate as required under item (i) of this subdivision
22 (b)(1), the school or other entity need not request another
23 such certified copy with respect to that child for any other
24 year in which the child is enrolled in that school or other
25 entity.
26 (2) Upon the failure of a person enrolling a child to
HB3595 Enrolled - 885 - LRB104 08153 BAB 18201 b
1 comply with subsection (b) (1), the school or other entity
2 shall immediately notify the Illinois State Police or local
3 law enforcement agency of such failure, and shall notify the
4 person enrolling the child in writing that he has 10
5 additional days to comply.
6 (3) The school or other entity shall immediately report to
7 the Illinois State Police any affidavit received pursuant to
8 this subsection which appears inaccurate or suspicious in form
9 or content.
10 (c) Within 14 days after enrolling a transfer student, the
11 elementary or secondary school shall request directly from the
12 student's previous school a certified copy of his record. The
13 requesting school shall exercise due diligence in obtaining
14 the copy of the record requested. Any elementary or secondary
15 school requested to forward a copy of a transferring student's
16 record to the new school shall comply within 10 days of receipt
17 of the request unless the record has been flagged pursuant to
18 subsection (a), in which case the copy shall not be forwarded
19 and the requested school shall notify the Illinois State
20 Police or local law enforcement authority of the request.
21 (Source: P.A. 102-538, eff. 8-20-21.)
22 Section 225. The Smart Start Illinois Act is amended by
23 changing Section 95-10 as follows:
24 (325 ILCS 85/95-10)
HB3595 Enrolled - 886 - LRB104 08153 BAB 18201 b
1 Sec. 95-10. Smart Start Early Care and Education Child
2 Care Workforce Compensation Program.
3 (a) The Department of Human Services shall create and
4 establish the Smart Start Early Care and Education Child Care
5 Workforce Compensation Program. The purpose of the Smart Start
6 Early Care and Education Child Care Workforce Compensation
7 Program is to invest in early childhood education and care
8 service providers, including, but not limited to, providers
9 participating in the Child Care Assistance Program; to expand
10 the supply of high-quality early childhood education and care;
11 and to create a strong and stable early childhood education
12 and care system with attractive wages, high-quality services,
13 and affordable costs.
14 (b) The purpose of the Smart Start Early Care and
15 Education Child Care Workforce Compensation Program is to
16 stabilize community-based early childhood education and care
17 service providers, raise the wages of early childhood
18 educators, and support quality enhancements that can position
19 service providers to participate in other public funding
20 streams, such as Preschool for All, in order to further
21 enhance and expand quality service delivery.
22 (c) Subject to appropriation, the Department of Human
23 Services shall implement the Smart Start Early Care and
24 Education Child Care Workforce Compensation Program for
25 eligible licensed early care and education day care centers,
26 licensed early care and education day care homes, and licensed
HB3595 Enrolled - 887 - LRB104 08153 BAB 18201 b
1 group early care and education day care homes by October 1,
2 2024, or as soon as practicable, following completion of a
3 planning and transition year. By October 1, 2025, or as soon as
4 practicable, and for each year thereafter, subject to
5 appropriation, the Department of Human Services shall continue
6 to operate the Smart Start Early Care and Education Child Care
7 Workforce Compensation Program annually with all licensed
8 early care and education day care centers, licensed early care
9 and education day care homes, and licensed group early care
10 and education day care homes that meet eligibility
11 requirements. The Smart Start Early Care and Education Child
12 Care Workforce Compensation Program shall operate separately
13 from and shall not supplant the Child Care Assistance Program
14 as provided for in Section 9A-11 of the Illinois Public Aid
15 Code.
16 (d) The Department of Human Services shall adopt
17 administrative rules by October 1, 2024 to facilitate
18 administration of the Smart Start Early Care and Education
19 Child Care Workforce Compensation Program, including, but not
20 limited to, provisions for program eligibility, the
21 application and funding calculation process, eligible
22 expenses, required wage floors, and requirements for financial
23 and personnel reporting and monitoring requirements.
24 Eligibility and funding provisions shall be based on
25 appropriation and a current model of the cost to provide early
26 care and education child care services by a licensed early
HB3595 Enrolled - 888 - LRB104 08153 BAB 18201 b
1 care and education child care center or licensed family early
2 care and education child care home.
3 (Source: P.A. 103-8, eff. 6-7-23; 103-605, eff. 7-1-24.)
4 Section 230. The Mental Health and Developmental
5 Disabilities Code is amended by changing Section 1-111 as
6 follows:
7 (405 ILCS 5/1-111) (from Ch. 91 1/2, par. 1-111)
8 Sec. 1-111. "Habilitation" means an effort directed toward
9 the alleviation of a developmental disability or toward
10 increasing a person with a developmental disability's level of
11 physical, mental, social or economic functioning. Habilitation
12 may include, but is not limited to, diagnosis, evaluation,
13 medical services, residential care, early care and education
14 day care, special living arrangements, training, education,
15 sheltered employment, protective services, counseling and
16 other services provided to persons with a developmental
17 disability by developmental disabilities facilities.
18 (Source: P.A. 88-380.)
19 Section 235. The Epinephrine Injector Act is amended by
20 changing Section 5 as follows:
21 (410 ILCS 27/5)
22 Sec. 5. Definitions. As used in this Act:
HB3595 Enrolled - 889 - LRB104 08153 BAB 18201 b
1 "Administer" means to directly apply an epinephrine
2 delivery system to the body of an individual.
3 "Authorized entity" means any entity or organization,
4 other than a school covered under Section 22-30 of the School
5 Code, in connection with or at which allergens capable of
6 causing anaphylaxis may be present, including, but not limited
7 to, independent contractors who provide student transportation
8 to schools, recreation camps, colleges and universities, early
9 care and education providers day care facilities, youth sports
10 leagues, amusement parks, restaurants, sports arenas, and
11 places of employment. The Department shall, by rule, determine
12 what constitutes an early care and education provider a day
13 care facility under this definition.
14 "Authorized individual" means an individual who has
15 successfully completed the training program under Section 10
16 of this Act.
17 "Department" means the Department of Public Health.
18 "Epinephrine delivery system" means any form of
19 epinephrine that is approved by the United States Food and
20 Drug Administration, including any device that contains a dose
21 of epinephrine, and that is used to administer epinephrine
22 into the human body to prevent or treat a life-threatening
23 allergic reaction.
24 "Health care practitioner" means a physician licensed to
25 practice medicine in all its branches under the Medical
26 Practice Act of 1987, a physician assistant under the
HB3595 Enrolled - 890 - LRB104 08153 BAB 18201 b
1 Physician Assistant Practice Act of 1987 with prescriptive
2 authority, or an advanced practice registered nurse with
3 prescribing authority under Article 65 of the Nurse Practice
4 Act.
5 "Pharmacist" has the meaning given to that term under
6 subsection (k-5) of Section 3 of the Pharmacy Practice Act.
7 "Undesignated epinephrine injector" means an epinephrine
8 injector prescribed in the name of an authorized entity.
9 (Source: P.A. 104-229, eff. 1-1-26.)
10 Section 240. The Lead Poisoning Prevention Act is amended
11 by changing Section 7.1 as follows:
12 (410 ILCS 45/7.1) (from Ch. 111 1/2, par. 1307.1)
13 Sec. 7.1. Requirements for early care and education
14 providers child care facilities. Each early care and education
15 day care center, early care and education day care home,
16 preschool, nursery school, kindergarten, or other early care
17 and education child care facility, licensed or approved by the
18 State, including such programs operated by a public school
19 district, shall include a requirement that each parent or
20 legal guardian of a child between one and 7 years of age
21 provide a statement from a physician or health care provider
22 that the child has been assessed for risk of lead poisoning or
23 tested or both, as provided in Section 6.2. This statement
24 shall be provided prior to admission and subsequently in
HB3595 Enrolled - 891 - LRB104 08153 BAB 18201 b
1 conjunction with required physical examinations.
2 Early care and education providers Child care facilities
3 that participate in the Illinois Child Care Assistance Program
4 (CCAP) shall annually send or deliver to the parents or
5 guardians of children enrolled in the provider's facility's
6 care an informational pamphlet regarding awareness of lead
7 poisoning. Pamphlets shall be produced and made available by
8 the Department and shall be downloadable from the Department's
9 Internet website. The Department of Human Services and the
10 Department of Public Health shall assist in the distribution
11 of the pamphlet.
12 (Source: P.A. 98-690, eff. 1-1-15.)
13 Section 245. The Medical Patient Rights Act is amended by
14 changing Section 3.4 as follows:
15 (410 ILCS 50/3.4)
16 Sec. 3.4. Rights of women; pregnancy and childbirth.
17 (a) In addition to any other right provided under this
18 Act, every woman has the following rights with regard to
19 pregnancy and childbirth:
20 (1) The right to receive health care before, during,
21 and after pregnancy and childbirth.
22 (2) The right to receive care for her and her infant
23 that is consistent with generally accepted medical
24 standards.
HB3595 Enrolled - 892 - LRB104 08153 BAB 18201 b
1 (3) The right to choose a certified nurse midwife or
2 physician as her maternity care professional.
3 (4) The right to choose her birth setting from the
4 full range of birthing options available in her community.
5 (5) The right to leave her maternity care professional
6 and select another if she becomes dissatisfied with her
7 care, except as otherwise provided by law.
8 (6) The right to receive information about the names
9 of those health care professionals involved in her care.
10 (7) The right to privacy and confidentiality of
11 records, except as provided by law.
12 (8) The right to receive information concerning her
13 condition and proposed treatment, including methods of
14 relieving pain.
15 (9) The right to accept or refuse any treatment, to
16 the extent medically possible.
17 (10) The right to be informed if her caregivers wish
18 to enroll her or her infant in a research study in
19 accordance with Section 3.1 of this Act.
20 (11) The right to access her medical records in
21 accordance with Section 8-2001 of the Code of Civil
22 Procedure.
23 (12) The right to receive information in a language in
24 which she can communicate in accordance with federal law.
25 (13) The right to receive emotional and physical
26 support during labor and birth.
HB3595 Enrolled - 893 - LRB104 08153 BAB 18201 b
1 (14) The right to freedom of movement during labor and
2 to give birth in the position of her choice, within
3 generally accepted medical standards.
4 (15) The right to contact with her newborn, except
5 where necessary care must be provided to the mother or
6 infant.
7 (16) The right to receive information about
8 breastfeeding.
9 (17) The right to decide collaboratively with
10 caregivers when she and her baby will leave the birth site
11 for home, based on their conditions and circumstances.
12 (18) The right to be treated with respect at all times
13 before, during, and after pregnancy by her health care
14 professionals.
15 (19) The right of each patient, regardless of source
16 of payment, to examine and receive a reasonable
17 explanation of her total bill for services rendered by her
18 maternity care professional or health care provider,
19 including itemized charges for specific services received.
20 Each maternity care professional or health care provider
21 shall be responsible only for a reasonable explanation of
22 those specific services provided by the maternity care
23 professional or health care provider.
24 (b) The Department of Public Health, Department of
25 Healthcare and Family Services, Department of Children and
26 Family Services, and Department of Human Services shall post,
HB3595 Enrolled - 894 - LRB104 08153 BAB 18201 b
1 either by physical or electronic means, information about
2 these rights on their publicly available websites. Every
3 health care provider, early care and education day care center
4 licensed under the Child Care Act of 1969, Head Start, and
5 community center shall post information about these rights in
6 a prominent place and on their websites, if applicable.
7 (c) The Department of Public Health shall adopt rules to
8 implement this Section.
9 (d) Nothing in this Section or any rules adopted under
10 subsection (c) shall be construed to require a physician,
11 health care professional, hospital, hospital affiliate, or
12 health care provider to provide care inconsistent with
13 generally accepted medical standards or available capabilities
14 or resources.
15 (Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)
16 Section 250. The Compassionate Use of Medical Cannabis
17 Program Act is amended by changing Sections 105 and 130 as
18 follows:
19 (410 ILCS 130/105)
20 Sec. 105. Requirements; prohibitions; penalties for
21 cultivation centers.
22 (a) The operating documents of a registered cultivation
23 center shall include procedures for the oversight of the
24 cultivation center, a cannabis plant monitoring system
HB3595 Enrolled - 895 - LRB104 08153 BAB 18201 b
1 including a physical inventory recorded weekly, a cannabis
2 container system including a physical inventory recorded
3 weekly, accurate record keeping, and a staffing plan.
4 (b) A registered cultivation center shall implement a
5 security plan reviewed by the Illinois State Police and
6 including but not limited to: facility access controls,
7 perimeter intrusion detection systems, personnel
8 identification systems, 24-hour surveillance system to monitor
9 the interior and exterior of the registered cultivation center
10 facility and accessible to authorized law enforcement and the
11 Department of Agriculture in real-time.
12 (c) A registered cultivation center may not be located
13 within 2,500 feet of the property line of a pre-existing
14 public or private preschool or elementary or secondary school
15 or early care and education day care center, early care and
16 education day care home, group early care and education day
17 care home, part day program location child care facility, or
18 an area zoned for residential use.
19 (d) All cultivation of cannabis for distribution to a
20 registered dispensing organization must take place in an
21 enclosed, locked facility as it applies to cultivation centers
22 at the physical address provided to the Department of
23 Agriculture during the registration process. The cultivation
24 center location shall only be accessed by the cultivation
25 center agents working for the registered cultivation center,
26 Department of Agriculture staff performing inspections,
HB3595 Enrolled - 896 - LRB104 08153 BAB 18201 b
1 Department of Public Health staff performing inspections, law
2 enforcement or other emergency personnel, and contractors
3 working on jobs unrelated to medical cannabis, such as
4 installing or maintaining security devices or performing
5 electrical wiring.
6 (e) A cultivation center may not sell or distribute any
7 cannabis to any individual or entity other than another
8 cultivation center, a dispensing organization registered under
9 this Act, or a laboratory licensed by the Department of
10 Agriculture.
11 (f) All harvested cannabis intended for distribution to a
12 dispensing organization must be packaged in a labeled medical
13 cannabis container and entered into a data collection system.
14 (g) No person who has been convicted of an excluded
15 offense may be a cultivation center agent.
16 (h) Registered cultivation centers are subject to random
17 inspection by the Illinois State Police.
18 (i) Registered cultivation centers are subject to random
19 inspections by the Department of Agriculture and the
20 Department of Public Health.
21 (j) A cultivation center agent shall notify local law
22 enforcement, the Illinois State Police, and the Department of
23 Agriculture within 24 hours of the discovery of any loss or
24 theft. Notification shall be made by phone or in-person, or by
25 written or electronic communication.
26 (k) A cultivation center shall comply with all State and
HB3595 Enrolled - 897 - LRB104 08153 BAB 18201 b
1 federal rules and regulations regarding the use of pesticides.
2 (Source: P.A. 101-363, eff. 8-9-19; 102-538, eff. 8-20-21.)
3 (410 ILCS 130/130)
4 Sec. 130. Requirements; prohibitions; penalties;
5 dispensing organizations.
6 (a) The Department of Financial and Professional
7 Regulation shall implement the provisions of this Section by
8 rule.
9 (b) A dispensing organization shall maintain operating
10 documents which shall include procedures for the oversight of
11 the registered dispensing organization and procedures to
12 ensure accurate recordkeeping.
13 (c) A dispensing organization shall implement appropriate
14 security measures, as provided by rule, to deter and prevent
15 the theft of cannabis and unauthorized entrance into areas
16 containing cannabis.
17 (d) A dispensing organization may not be located within
18 1,000 feet of the property line of a pre-existing public or
19 private preschool or elementary or secondary school or early
20 care and education day care center, early care and education
21 day care home, group early care and education day care home, or
22 part day program child care facility. A registered dispensing
23 organization may not be located in a house, apartment,
24 condominium, or an area zoned for residential use. This
25 subsection shall not apply to any dispensing organizations
HB3595 Enrolled - 898 - LRB104 08153 BAB 18201 b
1 registered on or after July 1, 2019.
2 (e) A dispensing organization is prohibited from acquiring
3 cannabis from anyone other than a cultivation center, craft
4 grower, processing organization, another dispensing
5 organization, or transporting organization licensed or
6 registered under this Act or the Cannabis Regulation and Tax
7 Act. A dispensing organization is prohibited from obtaining
8 cannabis from outside the State of Illinois.
9 (f) A registered dispensing organization is prohibited
10 from dispensing cannabis for any purpose except to assist
11 registered qualifying patients with the medical use of
12 cannabis directly or through the qualifying patients'
13 designated caregivers.
14 (g) The area in a dispensing organization where medical
15 cannabis is stored can only be accessed by dispensing
16 organization agents working for the dispensing organization,
17 Department of Financial and Professional Regulation staff
18 performing inspections, law enforcement or other emergency
19 personnel, and contractors working on jobs unrelated to
20 medical cannabis, such as installing or maintaining security
21 devices or performing electrical wiring.
22 (h) A dispensing organization may not dispense more than
23 2.5 ounces of cannabis to a registered qualifying patient,
24 directly or via a designated caregiver, in any 14-day period
25 unless the qualifying patient has a Department of Public
26 Health-approved quantity waiver. Any Department of Public
HB3595 Enrolled - 899 - LRB104 08153 BAB 18201 b
1 Health-approved quantity waiver process must be made available
2 to qualified veterans.
3 (i) Except as provided in subsection (i-5), before medical
4 cannabis may be dispensed to a designated caregiver or a
5 registered qualifying patient, a dispensing organization agent
6 must determine that the individual is a current cardholder in
7 the verification system and must verify each of the following:
8 (1) that the registry identification card presented to
9 the registered dispensing organization is valid;
10 (2) that the person presenting the card is the person
11 identified on the registry identification card presented
12 to the dispensing organization agent;
13 (3) (blank); and
14 (4) that the registered qualifying patient has not
15 exceeded his or her adequate supply.
16 (i-5) A dispensing organization may dispense medical
17 cannabis to an Opioid Alternative Pilot Program participant
18 under Section 62 and to a person presenting proof of
19 provisional registration under Section 55. Before dispensing
20 medical cannabis, the dispensing organization shall comply
21 with the requirements of Section 62 or Section 55, whichever
22 is applicable, and verify the following:
23 (1) that the written certification presented to the
24 registered dispensing organization is valid and an
25 original document;
26 (2) that the person presenting the written
HB3595 Enrolled - 900 - LRB104 08153 BAB 18201 b
1 certification is the person identified on the written
2 certification; and
3 (3) that the participant has not exceeded his or her
4 adequate supply.
5 (j) Dispensing organizations shall ensure compliance with
6 this limitation by maintaining internal, confidential records
7 that include records specifying how much medical cannabis is
8 dispensed to the registered qualifying patient and whether it
9 was dispensed directly to the registered qualifying patient or
10 to the designated caregiver. Each entry must include the date
11 and time the cannabis was dispensed. Additional recordkeeping
12 requirements may be set by rule.
13 (k) The health care professional-patient privilege as set
14 forth by Section 8-802 of the Code of Civil Procedure shall
15 apply between a qualifying patient and a registered dispensing
16 organization and its agents with respect to communications and
17 records concerning qualifying patients' debilitating
18 conditions.
19 (l) A dispensing organization may not permit any person to
20 consume cannabis on the property of a medical cannabis
21 organization.
22 (m) A dispensing organization may not share office space
23 with or refer patients to a certifying health care
24 professional.
25 (n) Notwithstanding any other criminal penalties related
26 to the unlawful possession of cannabis, the Department of
HB3595 Enrolled - 901 - LRB104 08153 BAB 18201 b
1 Financial and Professional Regulation may revoke, suspend,
2 place on probation, reprimand, refuse to issue or renew, or
3 take any other disciplinary or non-disciplinary action as the
4 Department of Financial and Professional Regulation may deem
5 proper with regard to the registration of any person issued
6 under this Act to operate a dispensing organization or act as a
7 dispensing organization agent, including imposing fines not to
8 exceed $10,000 for each violation, for any violations of this
9 Act and rules adopted in accordance with this Act. The
10 procedures for disciplining a registered dispensing
11 organization shall be determined by rule. All final
12 administrative decisions of the Department of Financial and
13 Professional Regulation are subject to judicial review under
14 the Administrative Review Law and its rules. The term
15 "administrative decision" is defined as in Section 3-101 of
16 the Code of Civil Procedure.
17 (o) Dispensing organizations are subject to random
18 inspection and cannabis testing by the Department of Financial
19 and Professional Regulation, the Illinois State Police, the
20 Department of Revenue, the Department of Public Health, the
21 Department of Agriculture, or as provided by rule.
22 (p) The Department of Financial and Professional
23 Regulation shall adopt rules permitting returns, and potential
24 refunds, for damaged or inadequate products.
25 (q) The Department of Financial and Professional
26 Regulation may issue nondisciplinary citations for minor
HB3595 Enrolled - 902 - LRB104 08153 BAB 18201 b
1 violations which may be accompanied by a civil penalty not to
2 exceed $10,000 per violation. The penalty shall be a civil
3 penalty or other condition as established by rule. The
4 citation shall be issued to the licensee and shall contain the
5 licensee's name, address, and license number, a brief factual
6 statement, the Sections of the law or rule allegedly violated,
7 and the civil penalty, if any, imposed. The citation must
8 clearly state that the licensee may choose, in lieu of
9 accepting the citation, to request a hearing. If the licensee
10 does not dispute the matter in the citation with the
11 Department of Financial and Professional Regulation within 30
12 days after the citation is served, then the citation shall
13 become final and shall not be subject to appeal.
14 (Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.)
15 Section 255. The Coal Tar Sealant Disclosure Act is
16 amended by changing Section 10 as follows:
17 (410 ILCS 170/10)
18 Sec. 10. Coal tar sealant disclosure; public schools.
19 (a) A public school, public school district, or early care
20 and education provider day care shall provide written or
21 telephonic notification to parents and guardians of students
22 and employees prior to any application of a coal-tar based
23 sealant product or a high polycyclic aromatic hydrocarbon
24 sealant product. The written notification:
HB3595 Enrolled - 903 - LRB104 08153 BAB 18201 b
1 (1) may be included in newsletters, bulletins,
2 calendars, or other correspondence currently published by
3 the school district or early care and education day care
4 center;
5 (2) must be given at least 10 business days before the
6 application and should identify the intended date and
7 location of the application of the coal-tar based sealant
8 product or high polycyclic aromatic hydrocarbon sealant;
9 (3) must include the name and telephone contact number
10 for the school or early care and education day care center
11 personnel responsible for the application; and
12 (4) must include any health hazards associated with
13 coal tar-based sealant product or high polycyclic aromatic
14 hydrocarbon sealant product, as provided by a
15 corresponding safety data sheet.
16 (b) Notwithstanding any provision of this Act or any other
17 law to the contrary, a public school or public school district
18 that bids a pavement engineering project using a coal
19 tar-based sealant product or high polycyclic aromatic
20 hydrocarbon sealant product for pavement engineering-related
21 use shall request a bid with an alternative for asphalt-based
22 or latex-based sealant product as a part of the engineering
23 project. The public school or public school district shall
24 consider whether asphalt-based or latex-based sealant product
25 should be used for the project based upon costs and life cycle
26 costs that regard preserving pavements, product warranties,
HB3595 Enrolled - 904 - LRB104 08153 BAB 18201 b
1 and the benefits to public health and safety.
2 (c) The Department, in consultation with the State Board
3 of Education, shall conduct outreach to public schools and
4 public school districts to provide guidance for compliance
5 with the provisions of this Act.
6 (d) On or before May 1, 2023, the Department and the State
7 Board of Education shall post on their websites guidance on
8 screening for coal tar-based sealant product or high
9 polycyclic aromatic hydrocarbon sealant product, requirements
10 for a request for proposals, and requirements for disclosure.
11 (Source: P.A. 102-242, eff. 1-1-23.)
12 Section 260. The Child Vision and Hearing Test Act is
13 amended by changing Section 3 as follows:
14 (410 ILCS 205/3) (from Ch. 23, par. 2333)
15 Sec. 3. Vision and hearing screening services shall be
16 administered to all children as early as possible, but no
17 later than their first year in any public or private education
18 program, licensed early care and education day care center, or
19 residential facility for children with disabilities; and
20 periodically thereafter, to identify those children with
21 vision or hearing impairments or both so that such conditions
22 can be managed or treated.
23 (Source: P.A. 99-143, eff. 7-27-15.)
HB3595 Enrolled - 905 - LRB104 08153 BAB 18201 b
1 Section 265. The Food Handling Regulation Enforcement Act
2 is amended by changing Section 3.06 as follows:
3 (410 ILCS 625/3.06)
4 Sec. 3.06. Food handler training; restaurants.
5 (a) For the purpose of this Section, "restaurant" means
6 any business that is primarily engaged in the sale of
7 ready-to-eat food for immediate consumption. "Primarily
8 engaged" means having sales of ready-to-eat food for immediate
9 consumption comprising at least 51% of the total sales,
10 excluding the sale of liquor.
11 (b) Unless otherwise provided, all food handlers employed
12 by a restaurant, other than someone holding a food service
13 sanitation manager certificate, must receive or obtain
14 American National Standards Institute-accredited training in
15 basic safe food handling principles within 30 days after
16 employment and every 3 years thereafter. Notwithstanding the
17 provisions of Section 3.05 of this Act, food handlers employed
18 in nursing homes, licensed early care and education day care
19 homes and locations facilities, hospitals, schools, and
20 long-term care facilities must renew their training every 3
21 years. There is no limit to how many times an employee may take
22 the training. The training indicated in subsections (e) and
23 (f) of this Section is transferable between employers, but not
24 individuals. The training indicated in subsections (c) and (d)
25 of this Section is not transferable between individuals or
HB3595 Enrolled - 906 - LRB104 08153 BAB 18201 b
1 employers. Proof that a food handler has been trained must be
2 available upon reasonable request by a State or local health
3 department inspector and may be provided electronically.
4 (c) If a business with an internal training program is
5 approved in another state prior to the effective date of this
6 amendatory Act of the 98th General Assembly, then the
7 business's training program and assessment shall be
8 automatically approved by the Department upon the business
9 providing proof that the program is approved in said state.
10 (d) The Department shall approve the training program of
11 any multi-state business or a franchisee, as defined in the
12 Franchise Disclosure Act of 1987, of any multi-state business
13 with a plan that follows the guidelines in subsection (b) of
14 Section 3.05 of this Act and is on file with the Department by
15 August 1, 2017.
16 (e) If an entity uses an American National Standards
17 Institute food handler training accredited program, that
18 training program shall be automatically approved by the
19 Department.
20 (f) Certified local health departments in counties serving
21 jurisdictions with a population of 100,000 or less, as
22 reported by the U.S. Census Bureau in the 2010 Census of
23 Population, may have a training program. The training program
24 must meet the requirements of Section 3.05(b) and be approved
25 by the Department. This Section notwithstanding, certified
26 local health departments in the following counties may have a
HB3595 Enrolled - 907 - LRB104 08153 BAB 18201 b
1 training program:
2 (1) a county with a population of 677,560 as reported
3 by the U.S. Census Bureau in the 2010 Census of
4 Population;
5 (2) a county with a population of 308,760 as reported
6 by the U.S. Census Bureau in the 2010 Census of
7 Population;
8 (3) a county with a population of 515,269 as reported
9 by the U.S. Census Bureau in the 2010 Census of
10 Population;
11 (4) a county with a population of 114,736 as reported
12 by the U.S. Census Bureau in the 2010 Census of
13 Population;
14 (5) a county with a population of 110,768 as reported
15 by the U.S. Census Bureau in the 2010 Census of
16 Population;
17 (6) a county with a population of 135,394 as reported
18 by the U.S. Census Bureau in the 2010 Census of
19 Population.
20 The certified local health departments in paragraphs (1)
21 through (6) of this subsection (f) must have their training
22 programs on file with the Department no later than 90 days
23 after the effective date of this Act. Any modules that meet the
24 requirements of subsection (b) of Section 3.05 of this Act and
25 are not approved within 180 days after the Department's
26 receipt of the application of the entity seeking to conduct
HB3595 Enrolled - 908 - LRB104 08153 BAB 18201 b
1 the training shall automatically be considered approved by the
2 Department.
3 (g) Any and all documents, materials, or information
4 related to a restaurant or business food handler training
5 module submitted to the Department is confidential and shall
6 not be open to public inspection or dissemination and is
7 exempt from disclosure under Section 7 of the Freedom of
8 Information Act. Training may be conducted by any means
9 available, including, but not limited to, on-line, computer,
10 classroom, live trainers, remote trainers, and certified food
11 service sanitation managers. There must be at least one
12 commercially available, approved food handler training module
13 at a cost of no more than $15 per employee; if an approved food
14 handler training module is not available at that cost, then
15 the provisions of this Section 3.06 shall not apply.
16 (h) The regulation of food handler training is considered
17 to be an exclusive function of the State, and local regulation
18 is prohibited. This subsection (h) is a denial and limitation
19 of home rule powers and functions under subsection (h) of
20 Section 6 of Article VII of the Illinois Constitution.
21 (i) The provisions of this Section apply beginning July 1,
22 2014. From July 1, 2014 through December 31, 2014, enforcement
23 of the provisions of this Section shall be limited to
24 education and notification of requirements to encourage
25 compliance.
26 (Source: P.A. 99-62, eff. 7-16-15; 99-78, eff. 7-20-15;
HB3595 Enrolled - 909 - LRB104 08153 BAB 18201 b
1 100-367, eff. 8-25-17.)
2 Section 270. The Environmental Protection Act is amended
3 by changing Section 17.12 as follows:
4 (415 ILCS 5/17.12)
5 Sec. 17.12. Lead service line replacement and
6 notification.
7 (a) The purpose of this Act is to: (1) require the owners
8 and operators of community water supplies to develop,
9 implement, and maintain a comprehensive water service line
10 material inventory and a comprehensive lead service line
11 replacement plan, provide notice to occupants of potentially
12 affected buildings before any construction or repair work on
13 water mains or lead service lines, and request access to
14 potentially affected buildings before replacing lead service
15 lines; and (2) prohibit partial lead service line
16 replacements, except as authorized within this Section.
17 (b) The General Assembly finds and declares that:
18 (1) There is no safe level of exposure to heavy metal
19 lead, as found by the United States Environmental
20 Protection Agency and the Centers for Disease Control and
21 Prevention.
22 (2) Lead service lines can convey this harmful
23 substance to the drinking water supply.
24 (3) According to the Illinois Environmental Protection
HB3595 Enrolled - 910 - LRB104 08153 BAB 18201 b
1 Agency's 2018 Service Line Material Inventory, the State
2 of Illinois is estimated to have over 680,000 lead-based
3 service lines still in operation.
4 (4) The true number of lead service lines is not fully
5 known because Illinois lacks an adequate inventory of lead
6 service lines.
7 (5) For the general health, safety, and welfare of its
8 residents, all lead service lines in Illinois should be
9 disconnected from the drinking water supply, and the
10 State's drinking water supply.
11 (c) In this Section:
12 "Advisory Board" means the Lead Service Line Replacement
13 Advisory Board created under subsection (x).
14 "Community water supply" has the meaning ascribed to it in
15 Section 3.145 of this Act.
16 "Department" means the Department of Public Health.
17 "Emergency repair" means any unscheduled water main, water
18 service, or water valve repair or replacement that results
19 from failure or accident.
20 "Fund" means the Lead Service Line Replacement Fund
21 created under subsection (bb).
22 "Lead service line" means a service line made of lead or
23 service line connected to a lead pigtail, lead gooseneck, or
24 other lead fitting.
25 "Material inventory" means a water service line material
26 inventory developed by a community water supply under this
HB3595 Enrolled - 911 - LRB104 08153 BAB 18201 b
1 Act.
2 "Non-community water supply" has the meaning ascribed to
3 it in Section 3.145 of the Environmental Protection Act.
4 "NSF/ANSI Standard" means a water treatment standard
5 developed by NSF International.
6 "Partial lead service line replacement" means replacement
7 of only a portion of a lead service line.
8 "Potentially affected building" means any building that is
9 provided water service through a service line that is either a
10 lead service line or a suspected lead service line.
11 "Public water supply" has the meaning ascribed to it in
12 Section 3.365 of this Act.
13 "Service line" means the piping, tubing, and necessary
14 appurtenances acting as a conduit from the water main or
15 source of potable water supply to the building plumbing at the
16 first shut-off valve or 18 inches inside the building,
17 whichever is shorter.
18 "Suspected lead service line" means a service line that a
19 community water supply finds more likely than not to be made of
20 lead after completing the requirements under paragraphs (2)
21 through (5) of subsection (h).
22 "Small system" means a community water supply that
23 regularly serves water to 3,300 or fewer persons.
24 (d) An owner or operator of a community water supply
25 shall:
26 (1) develop an initial material inventory by April 15,
HB3595 Enrolled - 912 - LRB104 08153 BAB 18201 b
1 2022 and electronically submit by April 15, 2023 an
2 updated material inventory electronically to the Agency;
3 and
4 (2) deliver a complete material inventory to the
5 Agency no later than April 15, 2024, or such time as
6 required by federal law, whichever is sooner. The complete
7 inventory shall report the composition of all service
8 lines in the community water supply's distribution system.
9 (e) The Agency shall review and approve the final material
10 inventory submitted to it under subsection (d).
11 (f) If a community water supply does not submit a complete
12 inventory to the Agency by April 15, 2024 under paragraph (2)
13 of subsection (d), the community water supply may apply for an
14 extension to the Agency no less than 3 months prior to the due
15 date. The Agency shall develop criteria for granting material
16 inventory extensions. When considering requests for extension,
17 the Agency shall, at a minimum, consider:
18 (1) the number of service connections in a water
19 supply; and
20 (2) the number of service lines of an unknown material
21 composition.
22 (g) A material inventory prepared for a community water
23 supply under subsection (d) shall identify:
24 (1) the total number of service lines connected to the
25 community water supply's distribution system;
26 (2) the materials of construction of each service line
HB3595 Enrolled - 913 - LRB104 08153 BAB 18201 b
1 connected to the community water supply's distribution
2 system;
3 (3) the number of suspected lead service lines that
4 were newly identified in the material inventory for the
5 community water supply after the community water supply
6 last submitted a service line inventory to the Agency; and
7 (4) the number of suspected or known lead service
8 lines that were replaced after the community water supply
9 last submitted a service line inventory to the Agency, and
10 the material of the service line that replaced each lead
11 service line.
12 When identifying the materials of construction under
13 paragraph (2) of this subsection, the owner or operator of the
14 community water supply shall to the best of the owner's or
15 operator's ability identify the type of construction material
16 used on the customer's side of the curb box, meter, or other
17 line of demarcation and the community water supply's side of
18 the curb box, meter, or other line of demarcation.
19 (h) In completing a material inventory under subsection
20 (d), the owner or operator of a community water supply shall:
21 (1) prioritize inspections of high-risk areas
22 identified by the community water supply and inspections
23 of high-risk facilities, such as preschools, early care
24 and education day care centers, early care and education
25 day care homes, group early care and education day care
26 homes, parks, playgrounds, hospitals, and clinics, and
HB3595 Enrolled - 914 - LRB104 08153 BAB 18201 b
1 confirm service line materials in those areas and at those
2 facilities;
3 (2) review historical documentation, such as
4 construction logs or cards, as-built drawings, purchase
5 orders, and subdivision plans, to determine service line
6 material construction;
7 (3) when conducting distribution system maintenance,
8 visually inspect service lines and document materials of
9 construction;
10 (4) identify any time period when the service lines
11 being connected to its distribution system were primarily
12 lead service lines, if such a time period is known or
13 suspected; and
14 (5) discuss service line repair and installation with
15 its employees, contractors, plumbers, other workers who
16 worked on service lines connected to its distribution
17 system, or all of the above.
18 (i) The owner or operator of each community water supply
19 shall maintain records of persons who refuse to grant access
20 to the interior of a building for purposes of identifying the
21 materials of construction of a service line. If a community
22 water supply has been denied access on the property or to the
23 interior of a building for that reason, then the community
24 water supply shall attempt to identify the service line as a
25 suspected lead service line, unless documentation is provided
26 showing otherwise.
HB3595 Enrolled - 915 - LRB104 08153 BAB 18201 b
1 (j) If a community water supply identifies a lead service
2 line connected to a building, the owner or operator of the
3 community water supply shall attempt to notify the owner of
4 the building and all occupants of the building of the
5 existence of the lead service line within 15 days after
6 identifying the lead service line, or as soon as is reasonably
7 possible thereafter. Individual written notice shall be given
8 according to the provisions of subsection (jj).
9 (k) An owner or operator of a community water supply has no
10 duty to include in the material inventory required under
11 subsection (d) information about service lines that are
12 physically disconnected from a water main in its distribution
13 system.
14 (l) The owner or operator of each community water supply
15 shall post on its website a copy of the most recently submitted
16 material inventory or alternatively may request that the
17 Agency post a copy of that material inventory on the Agency's
18 website.
19 (m) Nothing in this Section shall be construed to require
20 service lines to be unearthed for the sole purpose of
21 inventorying.
22 (n) When an owner or operator of a community water supply
23 awards a contract under this Section, the owner or operator
24 shall make a good faith effort to use contractors and vendors
25 owned by minority persons, women, and persons with a
26 disability, as those terms are defined in Section 2 of the
HB3595 Enrolled - 916 - LRB104 08153 BAB 18201 b
1 Business Enterprise for Minorities, Women, and Persons with
2 Disabilities Act, for not less than 20% of the total
3 contracts, provided that:
4 (1) contracts representing at least 11% of the total
5 projects shall be awarded to minority-owned businesses, as
6 defined in Section 2 of the Business Enterprise for
7 Minorities, Women, and Persons with Disabilities Act;
8 (2) contracts representing at least 7% of the total
9 projects shall be awarded to women-owned businesses, as
10 defined in Section 2 of the Business Enterprise for
11 Minorities, Women, and Persons with Disabilities Act; and
12 (3) contracts representing at least 2% of the total
13 projects shall be awarded to businesses owned by persons
14 with a disability.
15 Owners or operators of a community water supply are
16 encouraged to divide projects, whenever economically feasible,
17 into contracts of smaller size that ensure small business
18 contractors or vendors shall have the ability to qualify in
19 the applicable bidding process, when determining the ability
20 to deliver on a given contract based on scope and size, as a
21 responsible and responsive bidder.
22 When a contractor or vendor submits a bid or letter of
23 intent in response to a request for proposal or other bid
24 submission, the contractor or vendor shall include with its
25 responsive documents a utilization plan that shall address how
26 compliance with applicable good faith requirements set forth
HB3595 Enrolled - 917 - LRB104 08153 BAB 18201 b
1 in this subsection shall be addressed.
2 Under this subsection, "good faith effort" means a
3 community water supply has taken all necessary steps to comply
4 with the goals of this subsection by complying with the
5 following:
6 (1) Soliciting through reasonable and available means
7 the interest of a business, as defined in Section 2 of the
8 Business Enterprise for Minorities, Women, and Persons
9 with Disabilities Act, that have the capability to perform
10 the work of the contract. The community water supply must
11 solicit this interest within sufficient time to allow
12 certified businesses to respond.
13 (2) Providing interested certified businesses with
14 adequate information about the plans, specifications, and
15 requirements of the contract, including addenda, in a
16 timely manner to assist them in responding to the
17 solicitation.
18 (3) Meeting in good faith with interested certified
19 businesses that have submitted bids.
20 (4) Effectively using the services of the State,
21 minority or women community organizations, minority or
22 women contractor groups, local, State, and federal
23 minority or women business assistance offices, and other
24 organizations to provide assistance in the recruitment and
25 placement of certified businesses.
26 (5) Making efforts to use appropriate forums for
HB3595 Enrolled - 918 - LRB104 08153 BAB 18201 b
1 purposes of advertising subcontracting opportunities
2 suitable for certified businesses.
3 The diversity goals defined in this subsection can be met
4 through direct award to diverse contractors and through the
5 use of diverse subcontractors and diverse vendors to
6 contracts.
7 (o) An owner or operator of a community water supply shall
8 collect data necessary to ensure compliance with subsection
9 (n) no less than semi-annually and shall include progress
10 toward compliance of subsection (n) in the owner or operator's
11 report required under subsection (t-5). The report must
12 include data on vendor and employee diversity, including data
13 on the owner's or operator's implementation of subsection (n).
14 (p) Every owner or operator of a community water supply
15 that has known or suspected lead service lines shall:
16 (1) create a plan to:
17 (A) replace each lead service line connected to
18 its distribution system; and
19 (B) replace each galvanized service line connected
20 to its distribution system, if the galvanized service
21 line is or was connected downstream to lead piping;
22 and
23 (2) electronically submit, by April 15, 2024 its
24 initial lead service line replacement plan to the Agency;
25 (3) electronically submit by April 15 of each year
26 after 2024 until April 15, 2027 an updated lead service
HB3595 Enrolled - 919 - LRB104 08153 BAB 18201 b
1 line replacement plan to the Agency for review; the
2 updated replacement plan shall account for changes in the
3 number of lead service lines or unknown service lines in
4 the material inventory described in subsection (d);
5 (4) electronically submit by April 15, 2027 a complete
6 and final replacement plan to the Agency for approval; the
7 complete and final replacement plan shall account for all
8 known and suspected lead service lines documented in the
9 final material inventory described under paragraph (3) of
10 subsection (d); and
11 (5) post on its website a copy of the plan most
12 recently submitted to the Agency or may request that the
13 Agency post a copy of that plan on the Agency's website.
14 (q) Each plan required under paragraph (1) of subsection
15 (p) shall include the following:
16 (1) the name and identification number of the
17 community water supply;
18 (2) the total number of service lines connected to the
19 distribution system of the community water supply;
20 (3) the total number of suspected lead service lines
21 connected to the distribution system of the community
22 water supply;
23 (4) the total number of known lead service lines
24 connected to the distribution system of the community
25 water supply;
26 (5) the total number of lead service lines connected
HB3595 Enrolled - 920 - LRB104 08153 BAB 18201 b
1 to the distribution system of the community water supply
2 that have been replaced each year beginning in 2020;
3 (6) a proposed lead service line replacement schedule
4 that includes one-year, 5-year, 10-year, 15-year, 20-year,
5 25-year, and 30-year goals;
6 (7) an analysis of costs and financing options for
7 replacing the lead service lines connected to the
8 community water supply's distribution system, which shall
9 include, but shall not be limited to:
10 (A) a detailed accounting of costs associated with
11 replacing lead service lines and galvanized lines that
12 are or were connected downstream to lead piping;
13 (B) measures to address affordability and prevent
14 service shut-offs for customers or ratepayers; and
15 (C) consideration of different scenarios for
16 structuring payments between the utility and its
17 customers over time; and
18 (8) a plan for prioritizing high-risk facilities, such
19 as preschools, early care and education day care centers,
20 early care and education day care homes, group early care
21 and education day care homes, parks, playgrounds,
22 hospitals, and clinics, as well as high-risk areas
23 identified by the community water supply;
24 (9) a map of the areas where lead service lines are
25 expected to be found and the sequence with which those
26 areas will be inventoried and lead service lines replaced;
HB3595 Enrolled - 921 - LRB104 08153 BAB 18201 b
1 (10) measures for how the community water supply will
2 inform the public of the plan and provide opportunity for
3 public comment; and
4 (11) measures to encourage diversity in hiring in the
5 workforce required to implement the plan as identified
6 under subsection (n).
7 (r) The Agency shall review final plans submitted to it
8 under subsection (p). The Agency shall approve a final plan if
9 the final plan includes all of the elements set forth under
10 subsection (q) and the Agency determines that:
11 (1) the proposed lead service line replacement
12 schedule set forth in the plan aligns with the timeline
13 requirements set forth under subsection (v);
14 (2) the plan prioritizes the replacement of lead
15 service lines that provide water service to high-risk
16 facilities, such as preschools, early care and education
17 day care centers, early care and education day care homes,
18 group early care and education day care homes, parks,
19 playgrounds, hospitals, and clinics, and high-risk areas
20 identified by the community water supply;
21 (3) the plan includes analysis of cost and financing
22 options; and
23 (4) the plan provides documentation of public review.
24 (s) An owner or operator of a community water supply has no
25 duty to include in the plans required under subsection (p)
26 information about service lines that are physically
HB3595 Enrolled - 922 - LRB104 08153 BAB 18201 b
1 disconnected from a water main in its distribution system.
2 (t) If a community water supply does not deliver a
3 complete plan to the Agency by April 15, 2027, the community
4 water supply may apply to the Agency for an extension no less
5 than 3 months prior to the due date. The Agency shall develop
6 criteria for granting plan extensions. When considering
7 requests for extension, the Agency shall, at a minimum,
8 consider:
9 (1) the number of service connections in a water
10 supply; and
11 (2) the number of service lines of an unknown material
12 composition.
13 (t-5) After the Agency has approved the final replacement
14 plan described in subsection (p), the owner or operator of a
15 community water supply shall submit a report detailing
16 progress toward plan goals to the Agency for its review. The
17 report shall be submitted annually for the first 10 years, and
18 every 3 years thereafter until all lead service lines have
19 been replaced. Reports under this subsection shall be
20 published in the same manner described in subsection (l). The
21 report shall include at least the following information as it
22 pertains to the preceding reporting period:
23 (1) The number of lead service lines replaced and the
24 average cost of lead service line replacement.
25 (2) Progress toward meeting hiring requirements as
26 described in subsection (n) and subsection (o).
HB3595 Enrolled - 923 - LRB104 08153 BAB 18201 b
1 (3) The percent of customers electing a waiver
2 offered, as described in subsections (ii) and (jj), among
3 those customers receiving a request or notification to
4 perform a lead service line replacement.
5 (4) The method or methods used by the community water
6 supply to finance lead service line replacement.
7 (u) Notwithstanding any other provision of law, in order
8 to provide for costs associated with lead service line
9 remediation and replacement, the corporate authorities of a
10 municipality may, by ordinance or resolution by the corporate
11 authorities, exercise authority provided in Section 27-5 et
12 seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,
13 8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,
14 11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes
15 levied for this purpose shall be in addition to taxes for
16 general purposes authorized under Section 8-3-1 of the
17 Illinois Municipal Code and shall be included in the taxing
18 district's aggregate extension for the purposes of Division 5
19 of Article 18 of the Property Tax Code.
20 (v) Every owner or operator of a community water supply
21 shall replace all known lead service lines, subject to the
22 requirements of subsection (ff), according to the following
23 replacement rates and timelines to be calculated from the date
24 of submission of the final replacement plan to the Agency:
25 (1) A community water supply reporting 1,200 or fewer
26 lead service lines in its final inventory and replacement
HB3595 Enrolled - 924 - LRB104 08153 BAB 18201 b
1 plan shall replace all lead service lines, at an annual
2 rate of no less than 7% of the amount described in the
3 final inventory, with a timeline of up to 15 years for
4 completion.
5 (2) A community water supply reporting more than 1,200
6 but fewer than 5,000 lead service lines in its final
7 inventory and replacement plan shall replace all lead
8 service lines, at an annual rate of no less than 6% of the
9 amount described in the final inventory, with a timeline
10 of up to 17 years for completion.
11 (3) A community water supply reporting more than 4,999
12 but fewer than 10,000 lead service lines in its final
13 inventory and replacement plan shall replace all lead
14 service lines, at an annual rate of no less than 5% of the
15 amount described in the final inventory, with a timeline
16 of up to 20 years for completion.
17 (4) A community water supply reporting more than 9,999
18 but fewer than 99,999 lead service lines in its final
19 inventory and replacement plan shall replace all lead
20 service lines, at an annual rate of no less than 3% of the
21 amount described in the final inventory, with a timeline
22 of up to 34 years for completion.
23 (5) A community water supply reporting more than
24 99,999 lead service lines in its final inventory and
25 replacement plan shall replace all lead service lines, at
26 an annual rate of no less than 2% of the amount described
HB3595 Enrolled - 925 - LRB104 08153 BAB 18201 b
1 in the final inventory, with a timeline of up to 50 years
2 for completion.
3 (w) A community water supply may apply to the Agency for an
4 extension to the replacement timelines described in paragraphs
5 (1) through (5) of subsection (v). The Agency shall develop
6 criteria for granting replacement timeline extensions. When
7 considering requests for timeline extensions, the Agency
8 shall, at a minimum, consider:
9 (1) the number of service connections in a water
10 supply; and
11 (2) unusual circumstances creating hardship for a
12 community.
13 The Agency may grant one extension of additional time
14 equal to not more than 20% of the original replacement
15 timeline, except in situations of extreme hardship in which
16 the Agency may consider a second additional extension equal to
17 not more than 10% of the original replacement timeline.
18 Replacement rates and timelines shall be calculated from
19 the date of submission of the final plan to the Agency.
20 (x) The Lead Service Line Replacement Advisory Board is
21 created within the Agency. The Advisory Board shall convene
22 within 120 days after January 1, 2022 (the effective date of
23 Public Act 102-613).
24 The Advisory Board shall consist of at least 28 voting
25 members, as follows:
26 (1) the Director of the Agency, or his or her
HB3595 Enrolled - 926 - LRB104 08153 BAB 18201 b
1 designee, who shall serve as chairperson;
2 (2) the Director of Revenue, or his or her designee;
3 (3) the Director of Public Health, or his or her
4 designee;
5 (4) fifteen members appointed by the Agency as
6 follows:
7 (A) one member representing a statewide
8 organization of municipalities as authorized by
9 Section 1-8-1 of the Illinois Municipal Code;
10 (B) two members who are mayors representing
11 municipalities located in any county south of the
12 southernmost county represented by one of the 10
13 largest municipalities in Illinois by population, or
14 their respective designees;
15 (C) two members who are representatives from
16 public health advocacy groups;
17 (D) two members who are representatives from
18 publicly owned water utilities;
19 (E) one member who is a representative from a
20 public utility as defined under Section 3-105 of the
21 Public Utilities Act that provides water service in
22 the State of Illinois;
23 (F) one member who is a research professional
24 employed at an Illinois academic institution and
25 specializing in water infrastructure research;
26 (G) two members who are representatives from
HB3595 Enrolled - 927 - LRB104 08153 BAB 18201 b
1 nonprofit civic organizations;
2 (H) one member who is a representative from a
3 statewide organization representing environmental
4 organizations;
5 (I) two members who are representatives from
6 organized labor; and
7 (J) one member representing an environmental
8 justice organization; and
9 (5) ten members who are the mayors of the 10 largest
10 municipalities in Illinois by population, or their
11 respective designees.
12 No less than 10 of the 28 voting members shall be persons
13 of color, and no less than 3 shall represent communities
14 defined or self-identified as environmental justice
15 communities.
16 Advisory Board members shall serve without compensation,
17 but may be reimbursed for necessary expenses incurred in the
18 performance of their duties from funds appropriated for that
19 purpose. The Agency shall provide administrative support to
20 the Advisory Board.
21 The Advisory Board shall meet no less than once every 6
22 months.
23 (y) The Advisory Board shall have, at a minimum, the
24 following duties:
25 (1) advising the Agency on best practices in lead
26 service line replacement;
HB3595 Enrolled - 928 - LRB104 08153 BAB 18201 b
1 (2) reviewing the progress of community water supplies
2 toward lead service line replacement goals;
3 (3) advising the Agency on other matters related to
4 the administration of the provisions of this Section;
5 (4) advising the Agency on the integration of existing
6 lead service line replacement plans with any statewide
7 plan; and
8 (5) providing technical support and practical
9 expertise in general.
10 (z) Within 18 months after January 1, 2022 (the effective
11 date of Public Act 102-613), the Advisory Board shall deliver
12 a report of its recommendations to the Governor and the
13 General Assembly concerning opportunities for dedicated,
14 long-term revenue options for funding lead service line
15 replacement. In submitting recommendations, the Advisory Board
16 shall consider, at a minimum, the following:
17 (1) the sufficiency of various revenue sources to
18 adequately fund replacement of all lead service lines in
19 Illinois;
20 (2) the financial burden, if any, on households
21 falling below 150% of the federal poverty limit;
22 (3) revenue options that guarantee low-income
23 households are protected from rate increases;
24 (4) an assessment of the ability of community water
25 supplies to assess and collect revenue;
26 (5) variations in financial resources among individual
HB3595 Enrolled - 929 - LRB104 08153 BAB 18201 b
1 households within a service area; and
2 (6) the protection of low-income households from rate
3 increases.
4 (aa) Within 10 years after January 1, 2022 (the effective
5 date of Public Act 102-613), the Advisory Board shall prepare
6 and deliver a report to the Governor and General Assembly
7 concerning the status of all lead service line replacement
8 within the State.
9 (bb) The Lead Service Line Replacement Fund is created as
10 a special fund in the State treasury to be used by the Agency
11 for the purposes provided under this Section. The Fund shall
12 be used exclusively to finance and administer programs and
13 activities specified under this Section and listed under this
14 subsection.
15 The objective of the Fund is to finance activities
16 associated with identifying and replacing lead service lines,
17 build Agency capacity to oversee the provisions of this
18 Section, and provide related assistance for the activities
19 listed under this subsection.
20 The Agency shall be responsible for the administration of
21 the Fund and shall allocate moneys on the basis of priorities
22 established by the Agency through administrative rule. On July
23 1, 2022 and on July 1 of each year thereafter, the Agency shall
24 determine the available amount of resources in the Fund that
25 can be allocated to the activities identified under this
26 Section and shall allocate the moneys accordingly.
HB3595 Enrolled - 930 - LRB104 08153 BAB 18201 b
1 Notwithstanding any other law to the contrary, the Lead
2 Service Line Replacement Fund is not subject to sweeps,
3 administrative charge-backs, or any other fiscal maneuver that
4 would in any way transfer any amounts from the Lead Service
5 Line Replacement Fund into any other fund of the State.
6 (cc) Within one year after January 1, 2022 (the effective
7 date of Public Act 102-613), the Agency shall design rules for
8 a program for the purpose of administering lead service line
9 replacement funds. The rules must, at minimum, contain:
10 (1) the process by which community water supplies may
11 apply for funding; and
12 (2) the criteria for determining unit of local
13 government eligibility and prioritization for funding,
14 including the prevalence of low-income households, as
15 measured by median household income, the prevalence of
16 lead service lines, and the prevalence of water samples
17 that demonstrate elevated levels of lead.
18 (dd) Funding under subsection (cc) shall be available for
19 costs directly attributable to the planning, design, or
20 construction directly related to the replacement of lead
21 service lines and restoration of property.
22 Funding shall not be used for the general operating
23 expenses of a municipality or community water supply.
24 (ee) An owner or operator of any community water supply
25 receiving grant funding under subsection (cc) shall bear the
26 entire expense of full lead service line replacement for all
HB3595 Enrolled - 931 - LRB104 08153 BAB 18201 b
1 lead service lines in the scope of the grant.
2 (ff) When replacing a lead service line, the owner or
3 operator of the community water supply shall replace the
4 service line in its entirety, including, but not limited to,
5 any portion of the service line (i) running on private
6 property and (ii) within the building's plumbing at the first
7 shut-off valve. Partial lead service line replacements are
8 expressly prohibited. Exceptions shall be made under the
9 following circumstances:
10 (1) In the event of an emergency repair that affects a
11 lead service line or a suspected lead service line, a
12 community water supply must contact the building owner to
13 begin the process of replacing the entire service line. If
14 the building owner is not able to be contacted or the
15 building owner or occupant refuses to grant access and
16 permission to replace the entire service line at the time
17 of the emergency repair, then the community water supply
18 may perform a partial lead service line replacement. Where
19 an emergency repair on a service line constructed of lead
20 or galvanized steel pipe results in a partial service line
21 replacement, the water supply responsible for commencing
22 the repair shall perform the following:
23 (A) Notify the building's owner or operator and
24 the resident or residents served by the lead service
25 line in writing that a repair has been completed. The
26 notification shall include, at a minimum:
HB3595 Enrolled - 932 - LRB104 08153 BAB 18201 b
1 (i) a warning that the work may result in
2 sediment, possibly containing lead, in the
3 building's water supply system;
4 (ii) information concerning practices for
5 preventing the consumption of any lead in drinking
6 water, including a recommendation to flush water
7 distribution pipe during and after the completion
8 of the repair or replacement work and to clean
9 faucet aerator screens; and
10 (iii) information regarding the dangers of
11 lead to young children and pregnant women.
12 (B) Provide filters for at least one fixture
13 supplying potable water for consumption. The filter
14 must be certified by an accredited third-party
15 certification body to NSF/ANSI 53 and NSF/ANSI 42 for
16 the reduction of lead and particulate. The filter must
17 be provided until such time that the remaining
18 portions of the service line have been replaced with a
19 material approved by the Department or a waiver has
20 been issued under subsection (ii).
21 (C) Replace the remaining portion of the lead
22 service line within 30 days of the repair, or 120 days
23 in the event of weather or other circumstances beyond
24 reasonable control that prohibits construction. If a
25 complete lead service line replacement cannot be made
26 within the required period, the community water supply
HB3595 Enrolled - 933 - LRB104 08153 BAB 18201 b
1 responsible for commencing the repair shall notify the
2 Department in writing, at a minimum, of the following
3 within 24 hours of the repair:
4 (i) an explanation of why it is not feasible
5 to replace the remaining portion of the lead
6 service line within the allotted time; and
7 (ii) a timeline for when the remaining portion
8 of the lead service line will be replaced.
9 (D) If complete repair of a lead service line
10 cannot be completed due to denial by the property
11 owner, the community water supply commencing the
12 repair shall request the affected property owner to
13 sign a waiver developed by the Department. If a
14 property owner of a nonresidential building or
15 residence operating as rental properties denies a
16 complete lead service line replacement, the property
17 owner shall be responsible for installing and
18 maintaining point-of-use filters certified by an
19 accredited third-party certification body to NSF/ANSI
20 53 and NSF/ANSI 42 for the reduction of lead and
21 particulate at all fixtures intended to supply water
22 for the purposes of drinking, food preparation, or
23 making baby formula. The filters shall continue to be
24 supplied by the property owner until such time that
25 the property owner has affected the remaining portions
26 of the lead service line to be replaced.
HB3595 Enrolled - 934 - LRB104 08153 BAB 18201 b
1 (E) Document any remaining lead service line,
2 including a portion on the private side of the
3 property, in the community water supply's distribution
4 system materials inventory required under subsection
5 (d).
6 For the purposes of this paragraph (1), written notice
7 shall be provided in the method and according to the
8 provisions of subsection (jj).
9 (2) Lead service lines that are physically
10 disconnected from the distribution system are exempt from
11 this subsection.
12 (gg) Except as provided in subsection (hh), on and after
13 January 1, 2022, when the owner or operator of a community
14 water supply replaces a water main, the community water supply
15 shall identify all lead service lines connected to the water
16 main and shall replace the lead service lines by:
17 (1) identifying the material or materials of each lead
18 service line connected to the water main, including, but
19 not limited to, any portion of the service line (i)
20 running on private property and (ii) within the building
21 plumbing at the first shut-off valve or 18 inches inside
22 the building, whichever is shorter;
23 (2) in conjunction with replacement of the water main,
24 replacing any and all portions of each lead service line
25 connected to the water main that are composed of lead; and
26 (3) if a property owner or customer refuses to grant
HB3595 Enrolled - 935 - LRB104 08153 BAB 18201 b
1 access to the property, following prescribed notice
2 provisions as outlined in subsection (ff).
3 If an owner of a potentially affected building intends to
4 replace a portion of a lead service line or a galvanized
5 service line and the galvanized service line is or was
6 connected downstream to lead piping, then the owner of the
7 potentially affected building shall provide the owner or
8 operator of the community water supply with notice at least 45
9 days before commencing the work. In the case of an emergency
10 repair, the owner of the potentially affected building must
11 provide filters for each kitchen area that are certified by an
12 accredited third-party certification body to NSF/ANSI 53 and
13 NSF/ANSI 42 for the reduction of lead and particulate. If the
14 owner of the potentially affected building notifies the owner
15 or operator of the community water supply that replacement of
16 a portion of the lead service line after the emergency repair
17 is completed, then the owner or operator of the community
18 water supply shall replace the remainder of the lead service
19 line within 30 days after completion of the emergency repair.
20 A community water supply may take up to 120 days if necessary
21 due to weather conditions. If a replacement takes longer than
22 30 days, filters provided by the owner of the potentially
23 affected building must be replaced in accordance with the
24 manufacturer's recommendations. Partial lead service line
25 replacements by the owners of potentially affected buildings
26 are otherwise prohibited.
HB3595 Enrolled - 936 - LRB104 08153 BAB 18201 b
1 (hh) For municipalities with a population in excess of
2 1,000,000 inhabitants, the requirements of subsection (gg)
3 shall commence on January 1, 2023.
4 (ii) At least 45 days before conducting planned lead
5 service line replacement, the owner or operator of a community
6 water supply shall, by mail, attempt to contact the owner of
7 the potentially affected building serviced by the lead service
8 line to request access to the building and permission to
9 replace the lead service line in accordance with the lead
10 service line replacement plan. If the owner of the potentially
11 affected building does not respond to the request within 15
12 days after the request is sent, the owner or operator of the
13 community water supply shall attempt to post the request on
14 the entrance of the potentially affected building.
15 If the owner or operator of a community water supply is
16 unable to obtain approval to access and replace a lead service
17 line, the owner or operator of the community water supply
18 shall request that the owner of the potentially affected
19 building sign a waiver. The waiver shall be developed by the
20 Department and should be made available in the owner's
21 language. If the owner of the potentially affected building
22 refuses to sign the waiver or fails to respond to the community
23 water supply after the community water supply has complied
24 with this subsection, then the community water supply shall
25 notify the Department in writing within 15 working days.
26 (jj) When replacing a lead service line or repairing or
HB3595 Enrolled - 937 - LRB104 08153 BAB 18201 b
1 replacing water mains with lead service lines or partial lead
2 service lines attached to them, the owner or operator of a
3 community water supply shall provide the owner of each
4 potentially affected building that is serviced by the affected
5 lead service lines or partial lead service lines, as well as
6 the occupants of those buildings, with an individual written
7 notice. The notice shall be delivered by mail or posted at the
8 primary entranceway of the building. The notice must, in
9 addition, be electronically mailed where an electronic mailing
10 address is known or can be reasonably obtained. Written notice
11 shall 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
HB3595 Enrolled - 938 - LRB104 08153 BAB 18201 b
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
HB3595 Enrolled - 939 - LRB104 08153 BAB 18201 b
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
HB3595 Enrolled - 940 - LRB104 08153 BAB 18201 b
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 (pp) Beginning in 2023, each municipality with a
19 population of more than 1,000,000 inhabitants shall publicly
20 post on its website data describing progress the municipality
21 has made toward replacing lead service lines within the
22 municipality. The data required to be posted under this
23 subsection shall be the same information required to be
24 reported under paragraphs (1) through (4) of subsection (t-5)
25 of this Section. Beginning in 2024, each municipality that is
26 subject to this subsection shall annually update the data
HB3595 Enrolled - 941 - LRB104 08153 BAB 18201 b
1 posted on its website under this subsection. A municipality's
2 duty to post data under this subsection terminates only when
3 all lead service lines within the municipality have been
4 replaced. Nothing in this subsection (pp) shall be construed
5 to replace, undermine, conflict with, or otherwise amend the
6 responsibilities and requirements set forth in subsection
7 (t-5) of this Section.
8 (Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22;
9 103-167, eff. 6-30-23; 103-605, eff. 7-1-24.)
10 Section 275. The Lawn Care Products Application and Notice
11 Act is amended by changing Sections 2, 3, and 6 as follows:
12 (415 ILCS 65/2) (from Ch. 5, par. 852)
13 Sec. 2. Definitions.
14 For purposes of this Act:
15 "Application" means the spreading of lawn care products on
16 a lawn.
17 "Applicator for hire" means any person who makes an
18 application of lawn care products to a lawn or lawns for
19 compensation, including applications made by an employee to
20 lawns owned, occupied or managed by his employer and includes
21 those licensed by the Department as licensed commercial
22 applicators, commercial not-for-hire applicators, licensed
23 public applicators, certified applicators and licensed
24 operators and those otherwise subject to the licensure
HB3595 Enrolled - 942 - LRB104 08153 BAB 18201 b
1 provisions of the Illinois Pesticide Act, as now or hereafter
2 amended.
3 "Buffer" means an area adjacent to a body of water that is
4 left untreated with any fertilizer.
5 "Day care center" means any facility that qualifies as a "
6 day care center" under the Child Care Act of 1969.
7 "Department" means the Illinois Department of Agriculture.
8 "Department of Public Health" means the Illinois
9 Department of Public Health.
10 "Early care and education center" means any facility that
11 qualifies as an "early care and education center" under the
12 Child Care Act of 1969.
13 "Facility" means a building or structure and appurtenances
14 thereto used by an applicator for hire for storage and
15 handling of pesticides or the storage or maintenance of
16 pesticide application equipment or vehicles.
17 "Fertilizer" means any substance containing nitrogen,
18 phosphorus or potassium or other recognized plant nutrient or
19 compound, which is used for its plant nutrient content.
20 "Golf course" means an area designated for the play or
21 practice of the game of golf, including surrounding grounds,
22 trees, ornamental beds and the like.
23 "Golf course superintendent" means any person entrusted
24 with and employed for the care and maintenance of a golf
25 course.
26 "Impervious surface" means any structure, surface, or
HB3595 Enrolled - 943 - LRB104 08153 BAB 18201 b
1 improvement that reduces or prevents absorption of stormwater
2 into land, and includes pavement, porous paving, paver blocks,
3 gravel, crushed stone, decks, patios, elevated structures, and
4 other similar structures, surfaces, or improvements.
5 "Lawn" means land area covered with turf kept closely mown
6 or land area covered with turf and trees or shrubs. The term
7 does not include (1) land area used for research for
8 agricultural production or for the commercial production of
9 turf, (2) land area situated within a public or private
10 right-of-way, or (3) land area which is devoted to the
11 production of any agricultural commodity, including, but not
12 limited to plants and plant parts, livestock and poultry and
13 livestock or poultry products, seeds, sod, shrubs and other
14 products of agricultural origin raised for sale or for human
15 or livestock consumption.
16 "Lawn care products" means fertilizers or pesticides
17 applied or intended for application to lawns.
18 "Lawn repair products" means seeds, including seeding
19 soils, that contain or are coated with or encased in
20 fertilizer material.
21 "Person" means any individual, partnership, association,
22 corporation or State governmental agency, school district,
23 unit of local government and any agency thereof.
24 "Pesticide" means any substance or mixture of substances
25 defined as a pesticide under the Illinois Pesticide Act, as
26 now or hereafter amended.
HB3595 Enrolled - 944 - LRB104 08153 BAB 18201 b
1 "Plant protectants" means any substance or material used
2 to protect plants from infestation of insects, fungi, weeds
3 and rodents, or any other substance that would benefit the
4 overall health of plants.
5 "Soil test" means a chemical and mechanical analysis of
6 soil nutrient values and pH level as it relates to the soil and
7 development of a lawn.
8 "Spreader" means any commercially available fertilizing
9 device used to evenly distribute fertilizer material.
10 "Turf" means the upper stratum of soils bound by grass and
11 plant roots into a thick mat.
12 "0% phosphate fertilizer" means a fertilizer that contains
13 no more than 0.67% available phosphoric acid (P2O5).
14 (Source: P.A. 96-424, eff. 8-13-09; 96-1005, eff. 7-6-10.)
15 (415 ILCS 65/3) (from Ch. 5, par. 853)
16 Sec. 3. Notification requirements for application of lawn
17 care products.
18 (a) Lawn Markers.
19 (1) Immediately following application of lawn care
20 products to a lawn, other than a golf course, an
21 applicator for hire shall place a lawn marker at the usual
22 point or points of entry.
23 (2) The lawn marker shall consist of a 4 inch by 5 inch
24 sign, vertical or horizontal, attached to the upper
25 portion of a dowel or other supporting device with the
HB3595 Enrolled - 945 - LRB104 08153 BAB 18201 b
1 bottom of the marker extending no less than 12 inches
2 above the turf.
3 (3) The lawn marker shall be white and lettering on
4 the lawn marker shall be in a contrasting color. The
5 marker shall state on one side, in letters of not less than
6 3/8 inch, the following: "LAWN CARE APPLICATION - STAY OFF
7 GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT: (here
8 shall be inserted the name and business telephone number
9 of the applicator for hire)."
10 (4) The lawn marker shall be removed and discarded by
11 the property owner or resident, or such other person
12 authorized by the property owner or resident, on the day
13 following the application. The lawn marker shall not be
14 removed by any person other than the property owner or
15 resident or person designated by such property owner or
16 resident.
17 (5) For applications to residential properties of 2
18 families or less, the applicator for hire shall be
19 required to place lawn markers at the usual point or
20 points of entry.
21 (6) For applications to residential properties of 2
22 families or more, or for application to other commercial
23 properties, the applicator for hire shall place lawn
24 markers at the usual point or points of entry to the
25 property to provide notice that lawn care products have
26 been applied to the lawn.
HB3595 Enrolled - 946 - LRB104 08153 BAB 18201 b
1 (b) Notification requirement for application of plant
2 protectants on golf courses.
3 (1) Blanket posting procedure. Each golf course shall
4 post in a conspicuous place or places an all-weather
5 poster or placard stating to users of or visitors to the
6 golf course that from time to time plant protectants are
7 in use and additionally stating that if any questions or
8 concerns arise in relation thereto, the golf course
9 superintendent or his designee should be contacted to
10 supply the information contained in subsection (c) of this
11 Section.
12 (2) The poster or placard shall be prominently
13 displayed in the pro shop, locker rooms and first tee at
14 each golf course.
15 (3) The poster or placard shall be a minimum size of 8
16 1/2 by 11 inches and the lettering shall not be less than
17 1/2 inch.
18 (4) The poster or placard shall read: "PLANT
19 PROTECTANTS ARE PERIODICALLY APPLIED TO THIS GOLF COURSE.
20 IF DESIRED, YOU MAY CONTACT YOUR GOLF COURSE
21 SUPERINTENDENT FOR FURTHER INFORMATION."
22 (c) Information to Customers of Applicators for Hire. At
23 the time of application of lawn care products to a lawn, an
24 applicator for hire shall provide the following information to
25 the customer:
26 (1) The brand name, common name, and scientific name
HB3595 Enrolled - 947 - LRB104 08153 BAB 18201 b
1 of each lawn care product applied;
2 (2) The type of fertilizer or pesticide contained in
3 the lawn care product applied;
4 (3) The reason for use of each lawn care product
5 applied;
6 (4) The range of concentration of end use product
7 applied to the lawn and amount of material applied;
8 (5) Any special instruction appearing on the label of
9 the lawn care product applicable to the customer's use of
10 the lawn following application;
11 (6) The business name and telephone number of the
12 applicator for hire as well as the name of the person
13 actually applying lawn care products to the lawn; and
14 (7) Upon the request of a customer or any person whose
15 property abuts or is adjacent to the property of a
16 customer of an applicator for hire, a copy of the material
17 safety data sheet and approved pesticide registration
18 label for each applied lawn care product.
19 (d) Prior notification of application to lawn. In the case
20 of all lawns other than golf courses:
21 (1) Any neighbor whose property abuts or is adjacent
22 to the property of a customer of an applicator for hire may
23 receive prior notification of an application by contacting
24 the applicator for hire and providing his name, address
25 and telephone number.
26 (2) At least the day before a scheduled application,
HB3595 Enrolled - 948 - LRB104 08153 BAB 18201 b
1 an applicator for hire shall provide notification to a
2 person who has requested notification pursuant to
3 paragraph (1) of this subsection (d), such notification to
4 be made in writing, in person or by telephone, disclosing
5 the date and approximate time of day of application.
6 (3) In the event that an applicator for hire is unable
7 to provide prior notification to a neighbor whose property
8 abuts or is adjacent to the property because of the
9 absence or inaccessibility of the individual, at the time
10 of application to a customer's lawn, the applicator for
11 hire shall leave a written notice at the residence of the
12 person requesting notification, which shall provide the
13 information specified in paragraph (2) of this subsection
14 (d).
15 (e) Prior notification of application to golf courses.
16 (1) Any landlord or resident with property that abuts
17 or is adjacent to a golf course may receive prior
18 notification of an application of lawn care products or
19 plant protectants, or both, by contacting the golf course
20 superintendent and providing his name, address and
21 telephone number.
22 (2) At least the day before a scheduled application of
23 lawn care products or plant protectants, or both, the golf
24 course superintendent shall provide notification to any
25 person who has requested notification pursuant to
26 paragraph (1) of this subsection (e), such notification to
HB3595 Enrolled - 949 - LRB104 08153 BAB 18201 b
1 be made in writing, in person or by telephone, disclosing
2 the date and approximate time of day of application.
3 (3) In the event that the golf course superintendent
4 is unable to provide prior notification to a landlord or
5 resident because of the absence or inaccessibility, at the
6 time of application, of the landlord or resident, the golf
7 course superintendent shall leave a written notice with
8 the landlord or at the residence which shall provide the
9 information specified in paragraph (2) of this subsection
10 (e).
11 (f) Notification for applications of pesticides to early
12 care and education day care center grounds other than early
13 care and education day care center structures and school
14 grounds other than school structures.
15 (1) The owner or operator of an early care and
16 education a day care center must either (i) maintain a
17 registry of parents and guardians of children in his or
18 her care who have registered to receive written
19 notification before the application of pesticide to early
20 care and education day care center grounds and notify
21 persons on that registry before applying pesticides or
22 having pesticide applied to early care and education day
23 care center grounds or (ii) provide written or telephonic
24 notice to all parents and guardians of children in his or
25 her care before applying pesticide or having pesticide
26 applied to early care and education day care center
HB3595 Enrolled - 950 - LRB104 08153 BAB 18201 b
1 grounds.
2 (2) School districts must either (i) maintain a
3 registry of parents and guardians of students who have
4 registered to receive written or telephonic notification
5 before the application of pesticide to school grounds and
6 notify persons on that list before applying pesticide or
7 having pesticide applied to school grounds or (ii) provide
8 written or telephonic notification to all parents and
9 guardians of students before applying pesticide or having
10 pesticide applied to school grounds.
11 (3) Written notification required under item (1) or
12 (2) of subsection (f) of this Section may be included in
13 newsletters, calendars, or other correspondence currently
14 published by the school district, but posting on a
15 bulletin board is not sufficient. The written or
16 telephonic notification must be given at least 4 business
17 days before application of the pesticide and should
18 identify the intended date of the application of the
19 pesticide and the name and telephone contact number for
20 the school personnel responsible for the pesticide
21 application program or, in the case of early care and
22 education a day care center, the owner or operator of the
23 early care and education day care center. Prior notice
24 shall not be required if there is imminent threat to
25 health or property. If such a situation arises, the
26 appropriate school personnel or, in the case of an early
HB3595 Enrolled - 951 - LRB104 08153 BAB 18201 b
1 care and education a day care center, the owner or
2 operator of the early care and education day care center
3 must sign a statement describing the circumstances that
4 gave rise to the health threat and ensure that written or
5 telephonic notice is provided as soon as practicable.
6 (Source: P.A. 96-424, eff. 8-13-09.)
7 (415 ILCS 65/6) (from Ch. 5, par. 856)
8 Sec. 6. This Act shall be administered and enforced by the
9 Department. The Department may promulgate rules and
10 regulations as necessary for the enforcement of this Act. The
11 Department of Public Health must inform school boards and the
12 owners and operators of early care and education day care
13 centers about the provisions of this Act that are applicable
14 to school districts and early care and education day care
15 centers, and it must inform school boards about the
16 requirements contained in Sections 10-20.49 and 34-18.40 of
17 the School Code. The Department of Public Health must
18 recommend that early care and education day care centers and
19 schools use a pesticide-free turf care program to maintain
20 their turf. The Department of Public Health must also report
21 violations of this Act of which it becomes aware to the
22 Department for enforcement.
23 (Source: P.A. 96-424, eff. 8-13-09; 96-1000, eff. 7-2-10.)
24 Section 278. The Space Heating Safety Act is amended by
HB3595 Enrolled - 952 - LRB104 08153 BAB 18201 b
1 changing Section 9 as follows:
2 (425 ILCS 65/9) (from Ch. 127 1/2, par. 709)
3 Sec. 9. Prohibited use of kerosene heaters. The use of
4 kerosene fueled heaters will be prohibited under any
5 circumstances in the following types of structures:
6 (i) nursing homes or convalescent centers;
7 (ii) early care and education day-care centers having
8 children present;
9 (iii) any type of center for persons with
10 disabilities;
11 (iv) common areas of multifamily dwellings;
12 (v) hospitals;
13 (vi) structures more than 3 stories in height; and
14 (vii) structures open to the public which have a
15 capacity for 50 or more persons.
16 (Source: P.A. 99-143, eff. 7-27-15.)
17 Section 280. The Firearm Dealer License Certification Act
18 is amended by changing Section 5-20 as follows:
19 (430 ILCS 68/5-20)
20 Sec. 5-20. Additional licensee requirements.
21 (a) A certified licensee shall make a photo copy of a
22 buyer's or transferee's valid photo identification card
23 whenever a firearm sale transaction takes place. The photo
HB3595 Enrolled - 953 - LRB104 08153 BAB 18201 b
1 copy shall be attached to the documentation detailing the
2 record of sale.
3 (b) A certified licensee shall post in a conspicuous
4 position on the premises where the licensee conducts business
5 a sign that contains the following warning in block letters
6 not less than one inch in height:
7 "With few exceptions enumerated in the Firearm Owners
8 Identification Card Act, it is unlawful for you to:
9 (A) store or leave an unsecured firearm in a place
10 where a child can obtain access to it;
11 (B) sell or transfer your firearm to someone else
12 without receiving approval for the transfer from the
13 Illinois State Police, or
14 (C) fail to report the loss or theft of your
15 firearm to local law enforcement within 48 hours.".
16 This sign shall be created by the Illinois State Police and
17 made available for printing or downloading from the Illinois
18 State Police's website.
19 (c) No retail location established after the effective
20 date of this Act shall be located within 500 feet of any
21 school, pre-school, or early care and education provider's
22 location day care facility in existence at its location before
23 the retail location is established as measured from the
24 nearest corner of the building holding the retail location to
25 the corner of the school, pre-school, or early care and
26 education provider's location day care facility building
HB3595 Enrolled - 954 - LRB104 08153 BAB 18201 b
1 nearest the retail location at the time the retail location
2 seeks licensure.
3 (d) A certified dealer who sells or transfers a firearm
4 shall notify the purchaser or the recipient, orally and in
5 writing, in both English and Spanish, at the time of the sale
6 or transfer, that the owner of a firearm is required to report
7 a lost or stolen firearm to local law enforcement within 48
8 hours after the owner first discovers the loss or theft. The
9 Illinois State Police shall create a written notice, in both
10 English and Spanish, that certified dealers shall provide
11 firearm purchasers or transferees in accordance with this
12 provision and make such notice available for printing or
13 downloading from the Illinois State Police website.
14 (Source: P.A. 104-31, eff. 1-1-26.)
15 Section 285. The Illinois Vehicle Code is amended by
16 changing Sections 6-205, 6-206, and 12-707.01 as follows:
17 (625 ILCS 5/6-205)
18 Sec. 6-205. Mandatory revocation of license or permit;
19 hardship cases.
20 (a) Except as provided in this Section, the Secretary of
21 State shall immediately revoke the license, permit, or driving
22 privileges of any driver upon receiving a report of the
23 driver's conviction of any of the following offenses:
24 1. Reckless homicide resulting from the operation of a
HB3595 Enrolled - 955 - LRB104 08153 BAB 18201 b
1 motor vehicle;
2 2. Violation of Section 11-501 of this Code or a
3 similar provision of a local ordinance relating to the
4 offense of operating or being in physical control of a
5 vehicle while under the influence of alcohol, other drug
6 or drugs, intoxicating compound or compounds, or any
7 combination thereof;
8 3. Any felony under the laws of any State or the
9 federal government in the commission of which a motor
10 vehicle was used;
11 4. Violation of Section 11-401 of this Code relating
12 to the offense of leaving the scene of a traffic crash
13 involving death or personal injury;
14 5. Perjury or the making of a false affidavit or
15 statement under oath to the Secretary of State under this
16 Code or under any other law relating to the ownership or
17 operation of motor vehicles;
18 6. Conviction upon 3 charges of violation of Section
19 11-503 of this Code relating to the offense of reckless
20 driving committed within a period of 12 months;
21 7. Conviction of any offense defined in Section 4-102
22 of this Code if the person exercised actual physical
23 control over the vehicle during the commission of the
24 offense;
25 8. Violation of Section 11-504 of this Code relating
26 to the offense of drag racing;
HB3595 Enrolled - 956 - LRB104 08153 BAB 18201 b
1 9. Violation of Chapters 8 and 9 of this Code;
2 10. Violation of Section 12-5 of the Criminal Code of
3 1961 or the Criminal Code of 2012 arising from the use of a
4 motor vehicle;
5 11. Violation of Section 11-204.1 of this Code
6 relating to aggravated fleeing or attempting to elude a
7 peace officer;
8 12. Violation of paragraph (1) of subsection (b) of
9 Section 6-507, or a similar law of any other state,
10 relating to the unlawful operation of a commercial motor
11 vehicle;
12 13. Violation of paragraph (a) of Section 11-502 of
13 this Code or a similar provision of a local ordinance if
14 the driver has been previously convicted of a violation of
15 that Section or a similar provision of a local ordinance
16 and the driver was less than 21 years of age at the time of
17 the offense;
18 14. Violation of paragraph (a) of Section 11-506 of
19 this Code or a similar provision of a local ordinance
20 relating to the offense of street racing;
21 15. A second or subsequent conviction of driving while
22 the person's driver's license, permit or privileges was
23 revoked for reckless homicide or a similar out-of-state
24 offense;
25 16. Any offense against any provision in this Code, or
26 any local ordinance, regulating the movement of traffic
HB3595 Enrolled - 957 - LRB104 08153 BAB 18201 b
1 when that offense was the proximate cause of the death of
2 any person. Any person whose driving privileges have been
3 revoked pursuant to this paragraph may seek to have the
4 revocation terminated or to have the length of revocation
5 reduced by requesting an administrative hearing with the
6 Secretary of State prior to the projected driver's license
7 application eligibility date;
8 17. Violation of subsection (a-2) of Section 11-1301.3
9 of this Code or a similar provision of a local ordinance;
10 18. A second or subsequent conviction of illegal
11 possession, while operating or in actual physical control,
12 as a driver, of a motor vehicle, of any controlled
13 substance prohibited under the Illinois Controlled
14 Substances Act, any cannabis prohibited under the Cannabis
15 Control Act, or any methamphetamine prohibited under the
16 Methamphetamine Control and Community Protection Act. A
17 defendant found guilty of this offense while operating a
18 motor vehicle shall have an entry made in the court record
19 by the presiding judge that this offense did occur while
20 the defendant was operating a motor vehicle and order the
21 clerk of the court to report the violation to the
22 Secretary of State;
23 19. Violation of subsection (a) of Section 11-1414 of
24 this Code, or a similar provision of a local ordinance,
25 relating to the offense of overtaking or passing of a
26 school bus when the driver, in committing the violation,
HB3595 Enrolled - 958 - LRB104 08153 BAB 18201 b
1 is involved in a motor vehicle crash that results in death
2 to another and the violation is a proximate cause of the
3 death.
4 (b) The Secretary of State shall also immediately revoke
5 the license or permit of any driver in the following
6 situations:
7 1. Of any minor upon receiving the notice provided for
8 in Section 5-901 of the Juvenile Court Act of 1987 that the
9 minor has been adjudicated under that Act as having
10 committed an offense relating to motor vehicles prescribed
11 in Section 4-103 of this Code;
12 2. Of any person when any other law of this State
13 requires either the revocation or suspension of a license
14 or permit;
15 3. Of any person adjudicated under the Juvenile Court
16 Act of 1987 based on an offense determined to have been
17 committed in furtherance of the criminal activities of an
18 organized gang as provided in Section 5-710 of that Act,
19 and that involved the operation or use of a motor vehicle
20 or the use of a driver's license or permit. The revocation
21 shall remain in effect for the period determined by the
22 court.
23 (c)(1) Whenever a person is convicted of any of the
24 offenses enumerated in this Section, the court may recommend
25 and the Secretary of State in his discretion, without regard
26 to whether the recommendation is made by the court may, upon
HB3595 Enrolled - 959 - LRB104 08153 BAB 18201 b
1 application, issue to the person a restricted driving permit
2 granting the privilege of driving a motor vehicle between the
3 petitioner's residence and petitioner's place of employment or
4 within the scope of the petitioner's employment related
5 duties, or to allow the petitioner to transport himself or
6 herself or a family member of the petitioner's household to a
7 medical facility for the receipt of necessary medical care or
8 to allow the petitioner to transport himself or herself to and
9 from alcohol or drug remedial or rehabilitative activity
10 recommended by a licensed service provider, or to allow the
11 petitioner to transport himself or herself or a family member
12 of the petitioner's household to classes, as a student, at an
13 accredited educational institution, or to allow the petitioner
14 to transport children, elderly persons, or persons with
15 disabilities who do not hold driving privileges and are living
16 in the petitioner's household to and from early care and
17 education daycare; if the petitioner is able to demonstrate
18 that no alternative means of transportation is reasonably
19 available and that the petitioner will not endanger the public
20 safety or welfare; provided that the Secretary's discretion
21 shall be limited to cases where undue hardship, as defined by
22 the rules of the Secretary of State, would result from a
23 failure to issue the restricted driving permit.
24 (1.5) A person subject to the provisions of paragraph 4 of
25 subsection (b) of Section 6-208 of this Code may make
26 application for a restricted driving permit at a hearing
HB3595 Enrolled - 960 - LRB104 08153 BAB 18201 b
1 conducted under Section 2-118 of this Code after the
2 expiration of 5 years from the effective date of the most
3 recent revocation, or after 5 years from the date of release
4 from a period of imprisonment resulting from a conviction of
5 the most recent offense, whichever is later, provided the
6 person, in addition to all other requirements of the
7 Secretary, shows by clear and convincing evidence:
8 (A) a minimum of 3 years of uninterrupted abstinence
9 from alcohol and the unlawful use or consumption of
10 cannabis under the Cannabis Control Act, a controlled
11 substance under the Illinois Controlled Substances Act, an
12 intoxicating compound under the Use of Intoxicating
13 Compounds Act, or methamphetamine under the
14 Methamphetamine Control and Community Protection Act; and
15 (B) the successful completion of any rehabilitative
16 treatment and involvement in any ongoing rehabilitative
17 activity that may be recommended by a properly licensed
18 service provider according to an assessment of the
19 person's alcohol or drug use under Section 11-501.01 of
20 this Code.
21 In determining whether an applicant is eligible for a
22 restricted driving permit under this paragraph (1.5), the
23 Secretary may consider any relevant evidence, including, but
24 not limited to, testimony, affidavits, records, and the
25 results of regular alcohol or drug tests. Persons subject to
26 the provisions of paragraph 4 of subsection (b) of Section
HB3595 Enrolled - 961 - LRB104 08153 BAB 18201 b
1 6-208 of this Code and who have been convicted of more than one
2 violation of paragraph (3), paragraph (4), or paragraph (5) of
3 subsection (a) of Section 11-501 of this Code shall not be
4 eligible to apply for a restricted driving permit.
5 A restricted driving permit issued under this paragraph
6 (1.5) shall provide that the holder may only operate motor
7 vehicles equipped with an ignition interlock device as
8 required under paragraph (2) of subsection (c) of this Section
9 and subparagraph (A) of paragraph 3 of subsection (c) of
10 Section 6-206 of this Code. The Secretary may revoke a
11 restricted driving permit or amend the conditions of a
12 restricted driving permit issued under this paragraph (1.5) if
13 the holder operates a vehicle that is not equipped with an
14 ignition interlock device, or for any other reason authorized
15 under this Code.
16 A restricted driving permit issued under this paragraph
17 (1.5) shall be revoked, and the holder barred from applying
18 for or being issued a restricted driving permit in the future,
19 if the holder is subsequently convicted of a violation of
20 Section 11-501 of this Code, a similar provision of a local
21 ordinance, or a similar offense in another state.
22 (2) If a person's license or permit is revoked or
23 suspended due to 2 or more convictions of violating Section
24 11-501 of this Code or a similar provision of a local ordinance
25 or a similar out-of-state offense, or Section 9-3 of the
26 Criminal Code of 1961 or the Criminal Code of 2012, where the
HB3595 Enrolled - 962 - LRB104 08153 BAB 18201 b
1 use of alcohol or other drugs is recited as an element of the
2 offense, or a similar out-of-state offense, or a combination
3 of these offenses, arising out of separate occurrences, that
4 person, if issued a restricted driving permit, may not operate
5 a vehicle unless it has been equipped with an ignition
6 interlock device as defined in Section 1-129.1.
7 (3) If:
8 (A) a person's license or permit is revoked or
9 suspended 2 or more times due to any combination of:
10 (i) a single conviction of violating Section
11 11-501 of this Code or a similar provision of a local
12 ordinance or a similar out-of-state offense, or
13 Section 9-3 of the Criminal Code of 1961 or the
14 Criminal Code of 2012, where the use of alcohol or
15 other drugs is recited as an element of the offense, or
16 a similar out-of-state offense; or
17 (ii) a statutory summary suspension or revocation
18 under Section 11-501.1; or
19 (iii) a suspension pursuant to Section 6-203.1;
20 arising out of separate occurrences; or
21 (B) a person has been convicted of one violation of
22 subparagraph (C) or (F) of paragraph (1) of subsection (d)
23 of Section 11-501 of this Code, Section 9-3 of the
24 Criminal Code of 1961 or the Criminal Code of 2012,
25 relating to the offense of reckless homicide where the use
26 of alcohol or other drugs was recited as an element of the
HB3595 Enrolled - 963 - LRB104 08153 BAB 18201 b
1 offense, or a similar provision of a law of another state;
2 that person, if issued a restricted driving permit, may not
3 operate a vehicle unless it has been equipped with an ignition
4 interlock device as defined in Section 1-129.1.
5 (4) The person issued a permit conditioned on the use of an
6 ignition interlock device must pay to the Secretary of State
7 DUI Administration Fund an amount not to exceed $30 per month.
8 The Secretary shall establish by rule the amount and the
9 procedures, terms, and conditions relating to these fees.
10 (5) If the restricted driving permit is issued for
11 employment purposes, then the prohibition against operating a
12 motor vehicle that is not equipped with an ignition interlock
13 device does not apply to the operation of an occupational
14 vehicle owned or leased by that person's employer when used
15 solely for employment purposes. For any person who, within a
16 5-year period, is convicted of a second or subsequent offense
17 under Section 11-501 of this Code, or a similar provision of a
18 local ordinance or similar out-of-state offense, this
19 employment exemption does not apply until either a one-year
20 period has elapsed during which that person had his or her
21 driving privileges revoked or a one-year period has elapsed
22 during which that person had a restricted driving permit which
23 required the use of an ignition interlock device on every
24 motor vehicle owned or operated by that person.
25 (6) In each case the Secretary of State may issue a
26 restricted driving permit for a period he deems appropriate,
HB3595 Enrolled - 964 - LRB104 08153 BAB 18201 b
1 except that the permit shall expire no later than 2 years from
2 the date of issuance. A restricted driving permit issued under
3 this Section shall be subject to cancellation, revocation, and
4 suspension by the Secretary of State in like manner and for
5 like cause as a driver's license issued under this Code may be
6 cancelled, revoked, or suspended; except that a conviction
7 upon one or more offenses against laws or ordinances
8 regulating the movement of traffic shall be deemed sufficient
9 cause for the revocation, suspension, or cancellation of a
10 restricted driving permit. The Secretary of State may, as a
11 condition to the issuance of a restricted driving permit,
12 require the petitioner to participate in a designated driver
13 remedial or rehabilitative program. The Secretary of State is
14 authorized to cancel a restricted driving permit if the permit
15 holder does not successfully complete the program. However, if
16 an individual's driving privileges have been revoked in
17 accordance with paragraph 13 of subsection (a) of this
18 Section, no restricted driving permit shall be issued until
19 the individual has served 6 months of the revocation period.
20 (c-5) (Blank).
21 (c-6) If a person is convicted of a second violation of
22 operating a motor vehicle while the person's driver's license,
23 permit or privilege was revoked, where the revocation was for
24 a violation of Section 9-3 of the Criminal Code of 1961 or the
25 Criminal Code of 2012 relating to the offense of reckless
26 homicide or a similar out-of-state offense, the person's
HB3595 Enrolled - 965 - LRB104 08153 BAB 18201 b
1 driving privileges shall be revoked pursuant to subdivision
2 (a)(15) of this Section. The person may not make application
3 for a license or permit until the expiration of five years from
4 the effective date of the revocation or the expiration of five
5 years from the date of release from a term of imprisonment,
6 whichever is later.
7 (c-7) If a person is convicted of a third or subsequent
8 violation of operating a motor vehicle while the person's
9 driver's license, permit or privilege was revoked, where the
10 revocation was for a violation of Section 9-3 of the Criminal
11 Code of 1961 or the Criminal Code of 2012 relating to the
12 offense of reckless homicide or a similar out-of-state
13 offense, the person may never apply for a license or permit.
14 (d)(1) Whenever a person under the age of 21 is convicted
15 under Section 11-501 of this Code or a similar provision of a
16 local ordinance or a similar out-of-state offense, the
17 Secretary of State shall revoke the driving privileges of that
18 person. One year after the date of revocation, and upon
19 application, the Secretary of State may, if satisfied that the
20 person applying will not endanger the public safety or
21 welfare, issue a restricted driving permit granting the
22 privilege of driving a motor vehicle only between the hours of
23 5 a.m. and 9 p.m. or as otherwise provided by this Section for
24 a period of one year. After this one-year period, and upon
25 reapplication for a license as provided in Section 6-106, upon
26 payment of the appropriate reinstatement fee provided under
HB3595 Enrolled - 966 - LRB104 08153 BAB 18201 b
1 paragraph (b) of Section 6-118, the Secretary of State, in his
2 discretion, may reinstate the petitioner's driver's license
3 and driving privileges, or extend the restricted driving
4 permit as many times as the Secretary of State deems
5 appropriate, by additional periods of not more than 24 months
6 each.
7 (2) If a person's license or permit is revoked or
8 suspended due to 2 or more convictions of violating Section
9 11-501 of this Code or a similar provision of a local ordinance
10 or a similar out-of-state offense, or Section 9-3 of the
11 Criminal Code of 1961 or the Criminal Code of 2012, where the
12 use of alcohol or other drugs is recited as an element of the
13 offense, or a similar out-of-state offense, or a combination
14 of these offenses, arising out of separate occurrences, that
15 person, if issued a restricted driving permit, may not operate
16 a vehicle unless it has been equipped with an ignition
17 interlock device as defined in Section 1-129.1.
18 (3) If a person's license or permit is revoked or
19 suspended 2 or more times due to any combination of:
20 (A) a single conviction of violating Section 11-501 of
21 this Code or a similar provision of a local ordinance or a
22 similar out-of-state offense, or Section 9-3 of the
23 Criminal Code of 1961 or the Criminal Code of 2012, where
24 the use of alcohol or other drugs is recited as an element
25 of the offense, or a similar out-of-state offense; or
26 (B) a statutory summary suspension or revocation under
HB3595 Enrolled - 967 - LRB104 08153 BAB 18201 b
1 Section 11-501.1; or
2 (C) a suspension pursuant to Section 6-203.1;
3 arising out of separate occurrences, that person, if issued a
4 restricted driving permit, may not operate a vehicle unless it
5 has been equipped with an ignition interlock device as defined
6 in Section 1-129.1.
7 (3.5) If a person's license or permit is revoked or
8 suspended due to a conviction for a violation of subparagraph
9 (C) or (F) of paragraph (1) of subsection (d) of Section 11-501
10 of this Code, or a similar provision of a local ordinance or
11 similar out-of-state offense, that person, if issued a
12 restricted driving permit, may not operate a vehicle unless it
13 has been equipped with an ignition interlock device as defined
14 in Section 1-129.1.
15 (4) The person issued a permit conditioned upon the use of
16 an interlock device must pay to the Secretary of State DUI
17 Administration Fund an amount not to exceed $30 per month. The
18 Secretary shall establish by rule the amount and the
19 procedures, terms, and conditions relating to these fees.
20 (5) If the restricted driving permit is issued for
21 employment purposes, then the prohibition against driving a
22 vehicle that is not equipped with an ignition interlock device
23 does not apply to the operation of an occupational vehicle
24 owned or leased by that person's employer when used solely for
25 employment purposes. For any person who, within a 5-year
26 period, is convicted of a second or subsequent offense under
HB3595 Enrolled - 968 - LRB104 08153 BAB 18201 b
1 Section 11-501 of this Code, or a similar provision of a local
2 ordinance or similar out-of-state offense, this employment
3 exemption does not apply until either a one-year period has
4 elapsed during which that person had his or her driving
5 privileges revoked or a one-year period has elapsed during
6 which that person had a restricted driving permit which
7 required the use of an ignition interlock device on every
8 motor vehicle owned or operated by that person.
9 (6) A restricted driving permit issued under this Section
10 shall be subject to cancellation, revocation, and suspension
11 by the Secretary of State in like manner and for like cause as
12 a driver's license issued under this Code may be cancelled,
13 revoked, or suspended; except that a conviction upon one or
14 more offenses against laws or ordinances regulating the
15 movement of traffic shall be deemed sufficient cause for the
16 revocation, suspension, or cancellation of a restricted
17 driving permit.
18 (d-5) The revocation of the license, permit, or driving
19 privileges of a person convicted of a third or subsequent
20 violation of Section 6-303 of this Code committed while his or
21 her driver's license, permit, or privilege was revoked because
22 of a violation of Section 9-3 of the Criminal Code of 1961 or
23 the Criminal Code of 2012, relating to the offense of reckless
24 homicide, or a similar provision of a law of another state, is
25 permanent. The Secretary may not, at any time, issue a license
26 or permit to that person.
HB3595 Enrolled - 969 - LRB104 08153 BAB 18201 b
1 (e) This Section is subject to the provisions of the
2 Driver License Compact.
3 (f) Any revocation imposed upon any person under
4 subsections 2 and 3 of paragraph (b) that is in effect on
5 December 31, 1988 shall be converted to a suspension for a like
6 period of time.
7 (g) The Secretary of State shall not issue a restricted
8 driving permit to a person under the age of 16 years whose
9 driving privileges have been revoked under any provisions of
10 this Code.
11 (h) The Secretary of State shall require the use of
12 ignition interlock devices for a period not less than 5 years
13 on all vehicles owned by a person who has been convicted of a
14 second or subsequent offense under Section 11-501 of this Code
15 or a similar provision of a local ordinance. The person must
16 pay to the Secretary of State DUI Administration Fund an
17 amount not to exceed $30 for each month that he or she uses the
18 device. The Secretary shall establish by rule and regulation
19 the procedures for certification and use of the interlock
20 system, the amount of the fee, and the procedures, terms, and
21 conditions relating to these fees. During the time period in
22 which a person is required to install an ignition interlock
23 device under this subsection (h), that person shall only
24 operate vehicles in which ignition interlock devices have been
25 installed, except as allowed by subdivision (c)(5) or (d)(5)
26 of this Section. Regardless of whether an exemption under
HB3595 Enrolled - 970 - LRB104 08153 BAB 18201 b
1 subdivision (c) (5) or (d) (5) applies, every person subject
2 to this subsection shall not be eligible for reinstatement
3 until the person installs an ignition interlock device and
4 maintains the ignition interlock device for 5 years.
5 (i) (Blank).
6 (j) In accordance with 49 C.F.R. 384, the Secretary of
7 State may not issue a restricted driving permit for the
8 operation of a commercial motor vehicle to a person holding a
9 CDL whose driving privileges have been revoked, suspended,
10 cancelled, or disqualified under any provisions of this Code.
11 (k) The Secretary of State shall notify by mail any person
12 whose driving privileges have been revoked under paragraph 16
13 of subsection (a) of this Section that his or her driving
14 privileges and driver's license will be revoked 90 days from
15 the date of the mailing of the notice.
16 (Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21;
17 102-982, eff. 7-1-23.)
18 (625 ILCS 5/6-206)
19 (Text of Section before amendment by P.A. 104-400)
20 Sec. 6-206. Discretionary authority to suspend or revoke
21 license or permit; right to a hearing.
22 (a) The Secretary of State is authorized to suspend or
23 revoke the driving privileges of any person without
24 preliminary hearing upon a showing of the person's records or
25 other sufficient evidence that the person:
HB3595 Enrolled - 971 - LRB104 08153 BAB 18201 b
1 1. Has committed an offense for which mandatory
2 revocation of a driver's license or permit is required
3 upon conviction;
4 2. Has been convicted of not less than 3 offenses
5 against traffic regulations governing the movement of
6 vehicles committed within any 12-month period. No
7 revocation or suspension shall be entered more than 6
8 months after the date of last conviction;
9 3. Has been repeatedly involved as a driver in motor
10 vehicle collisions or has been repeatedly convicted of
11 offenses against laws and ordinances regulating the
12 movement of traffic, to a degree that indicates lack of
13 ability to exercise ordinary and reasonable care in the
14 safe operation of a motor vehicle or disrespect for the
15 traffic laws and the safety of other persons upon the
16 highway;
17 4. Has by the unlawful operation of a motor vehicle
18 caused or contributed to a crash resulting in injury
19 requiring immediate professional treatment in a medical
20 facility or doctor's office to any person, except that any
21 suspension or revocation imposed by the Secretary of State
22 under the provisions of this subsection shall start no
23 later than 6 months after being convicted of violating a
24 law or ordinance regulating the movement of traffic, which
25 violation is related to the crash, or shall start not more
26 than one year after the date of the crash, whichever date
HB3595 Enrolled - 972 - LRB104 08153 BAB 18201 b
1 occurs later;
2 5. Has permitted an unlawful or fraudulent use of a
3 driver's license, identification card, or permit;
4 6. Has been lawfully convicted of an offense or
5 offenses in another state, including the authorization
6 contained in Section 6-203.1, which if committed within
7 this State would be grounds for suspension or revocation;
8 7. Has refused or failed to submit to an examination
9 provided for by Section 6-207 or has failed to pass the
10 examination;
11 8. Is ineligible for a driver's license or permit
12 under the provisions of Section 6-103;
13 9. Has made a false statement or knowingly concealed a
14 material fact or has used false information or
15 identification in any application for a license,
16 identification card, or permit;
17 10. Has possessed, displayed, or attempted to
18 fraudulently use any license, identification card, or
19 permit not issued to the person;
20 11. Has operated a motor vehicle upon a highway of
21 this State when the person's driving privilege or
22 privilege to obtain a driver's license or permit was
23 revoked or suspended unless the operation was authorized
24 by a monitoring device driving permit, judicial driving
25 permit issued prior to January 1, 2009, probationary
26 license to drive, or restricted driving permit issued
HB3595 Enrolled - 973 - LRB104 08153 BAB 18201 b
1 under this Code;
2 12. Has submitted to any portion of the application
3 process for another person or has obtained the services of
4 another person to submit to any portion of the application
5 process for the purpose of obtaining a license,
6 identification card, or permit for some other person;
7 13. Has operated a motor vehicle upon a highway of
8 this State when the person's driver's license or permit
9 was invalid under the provisions of Sections 6-107.1 and
10 6-110;
11 14. Has committed a violation of Section 6-301,
12 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
13 14B of the Illinois Identification Card Act or a similar
14 offense in another state if, at the time of the offense,
15 the person held an Illinois driver's license or
16 identification card;
17 15. Has been convicted of violating Section 21-2 of
18 the Criminal Code of 1961 or the Criminal Code of 2012
19 relating to criminal trespass to vehicles if the person
20 exercised actual physical control over the vehicle during
21 the commission of the offense, in which case the
22 suspension shall be for one year;
23 16. Has been convicted of violating Section 11-204 of
24 this Code relating to fleeing from a peace officer;
25 17. Has refused to submit to a test, or tests, as
26 required under Section 11-501.1 of this Code and the
HB3595 Enrolled - 974 - LRB104 08153 BAB 18201 b
1 person has not sought a hearing as provided for in Section
2 11-501.1;
3 18. (Blank);
4 19. Has committed a violation of paragraph (a) or (b)
5 of Section 6-101 relating to driving without a driver's
6 license;
7 20. Has been convicted of violating Section 6-104
8 relating to classification of driver's license;
9 21. Has been convicted of violating Section 11-402 of
10 this Code relating to leaving the scene of a crash
11 resulting in damage to a vehicle in excess of $1,000, in
12 which case the suspension shall be for one year;
13 22. Has used a motor vehicle in violating paragraph
14 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
15 the Criminal Code of 1961 or the Criminal Code of 2012
16 relating to unlawful possession of weapons, in which case
17 the suspension shall be for one year;
18 23. Has, as a driver, been convicted of committing a
19 violation of paragraph (a) of Section 11-502 of this Code
20 for a second or subsequent time within one year of a
21 similar violation;
22 24. Has been convicted by a court-martial or punished
23 by non-judicial punishment by military authorities of the
24 United States at a military installation in Illinois or in
25 another state of or for a traffic-related offense that is
26 the same as or similar to an offense specified under
HB3595 Enrolled - 975 - LRB104 08153 BAB 18201 b
1 Section 6-205 or 6-206 of this Code;
2 25. Has permitted any form of identification to be
3 used by another in the application process in order to
4 obtain or attempt to obtain a license, identification
5 card, or permit;
6 26. Has altered or attempted to alter a license or has
7 possessed an altered license, identification card, or
8 permit;
9 27. (Blank);
10 28. Has been convicted for a first time of the illegal
11 possession, while operating or in actual physical control,
12 as a driver, of a motor vehicle, of any controlled
13 substance prohibited under the Illinois Controlled
14 Substances Act, any cannabis prohibited under the Cannabis
15 Control Act, or any methamphetamine prohibited under the
16 Methamphetamine Control and Community Protection Act, in
17 which case the person's driving privileges shall be
18 suspended for one year. Any defendant found guilty of this
19 offense while operating a motor vehicle shall have an
20 entry made in the court record by the presiding judge that
21 this offense did occur while the defendant was operating a
22 motor vehicle and order the clerk of the court to report
23 the violation to the Secretary of State;
24 29. Has been convicted of the following offenses that
25 were committed while the person was operating or in actual
26 physical control, as a driver, of a motor vehicle:
HB3595 Enrolled - 976 - LRB104 08153 BAB 18201 b
1 criminal sexual assault, predatory criminal sexual assault
2 of a child, aggravated criminal sexual assault, criminal
3 sexual abuse, aggravated criminal sexual abuse, juvenile
4 pimping, soliciting for a sexually exploited child,
5 promoting commercial sexual exploitation of a child as
6 described in subdivision (a)(1), (a)(2), or (a)(3) of
7 Section 11-14.4 of the Criminal Code of 1961 or the
8 Criminal Code of 2012, and the manufacture, sale or
9 delivery of controlled substances or instruments used for
10 illegal drug use or abuse in which case the driver's
11 driving privileges shall be suspended for one year;
12 30. Has been convicted a second or subsequent time for
13 any combination of the offenses named in paragraph 29 of
14 this subsection, in which case the person's driving
15 privileges shall be suspended for 5 years;
16 31. Has refused to submit to a test as required by
17 Section 11-501.6 of this Code or Section 5-16c of the Boat
18 Registration and Safety Act or has submitted to a test
19 resulting in an alcohol concentration of 0.08 or more or
20 any amount of a drug, substance, or compound resulting
21 from the unlawful use or consumption of cannabis as listed
22 in the Cannabis Control Act, a controlled substance as
23 listed in the Illinois Controlled Substances Act, an
24 intoxicating compound as listed in the Use of Intoxicating
25 Compounds Act, or methamphetamine as listed in the
26 Methamphetamine Control and Community Protection Act, in
HB3595 Enrolled - 977 - LRB104 08153 BAB 18201 b
1 which case the penalty shall be as prescribed in Section
2 6-208.1;
3 32. Has been convicted of Section 24-1.2 of the
4 Criminal Code of 1961 or the Criminal Code of 2012
5 relating to the aggravated discharge of a firearm if the
6 offender was located in a motor vehicle at the time the
7 firearm was discharged, in which case the suspension shall
8 be for 3 years;
9 33. Has as a driver, who was less than 21 years of age
10 on the date of the offense, been convicted a first time of
11 a violation of paragraph (a) of Section 11-502 of this
12 Code or a similar provision of a local ordinance;
13 34. Has committed a violation of Section 11-1301.5 of
14 this Code or a similar provision of a local ordinance;
15 35. Has committed a violation of Section 11-1301.6 of
16 this Code or a similar provision of a local ordinance;
17 36. Is under the age of 21 years at the time of arrest
18 and has been convicted of not less than 2 offenses against
19 traffic regulations governing the movement of vehicles
20 committed within any 24-month period. No revocation or
21 suspension shall be entered more than 6 months after the
22 date of last conviction;
23 37. Has committed a violation of subsection (c) of
24 Section 11-907 of this Code that resulted in damage to the
25 property of another or the death or injury of another;
26 38. Has been convicted of a violation of Section 6-20
HB3595 Enrolled - 978 - LRB104 08153 BAB 18201 b
1 of the Liquor Control Act of 1934 or a similar provision of
2 a local ordinance and the person was an occupant of a motor
3 vehicle at the time of the violation;
4 39. Has committed a second or subsequent violation of
5 Section 11-1201 of this Code;
6 40. Has committed a violation of subsection (a-1) of
7 Section 11-908 of this Code;
8 41. Has committed a second or subsequent violation of
9 Section 11-605.1 of this Code, a similar provision of a
10 local ordinance, or a similar violation in any other state
11 within 2 years of the date of the previous violation, in
12 which case the suspension shall be for 90 days;
13 42. Has committed a violation of subsection (a-1) of
14 Section 11-1301.3 of this Code or a similar provision of a
15 local ordinance;
16 43. Has received a disposition of court supervision
17 for a violation of subsection (a), (d), or (e) of Section
18 6-20 of the Liquor Control Act of 1934 or a similar
19 provision of a local ordinance and the person was an
20 occupant of a motor vehicle at the time of the violation,
21 in which case the suspension shall be for a period of 3
22 months;
23 44. Is under the age of 21 years at the time of arrest
24 and has been convicted of an offense against traffic
25 regulations governing the movement of vehicles after
26 having previously had his or her driving privileges
HB3595 Enrolled - 979 - LRB104 08153 BAB 18201 b
1 suspended or revoked pursuant to subparagraph 36 of this
2 Section;
3 45. Has, in connection with or during the course of a
4 formal hearing conducted under Section 2-118 of this Code:
5 (i) committed perjury; (ii) submitted fraudulent or
6 falsified documents; (iii) submitted documents that have
7 been materially altered; or (iv) submitted, as his or her
8 own, documents that were in fact prepared or composed for
9 another person;
10 46. Has committed a violation of subsection (j) of
11 Section 3-413 of this Code;
12 47. Has committed a violation of subsection (a) of
13 Section 11-502.1 of this Code;
14 48. Has submitted a falsified or altered medical
15 examiner's certificate to the Secretary of State or
16 provided false information to obtain a medical examiner's
17 certificate;
18 49. Has been convicted of a violation of Section
19 11-1002 or 11-1002.5 that resulted in a Type A injury to
20 another, in which case the driving privileges of the
21 person shall be suspended for 12 months;
22 50. Has committed a violation of subsection (b-5) of
23 Section 12-610.2 that resulted in great bodily harm,
24 permanent disability, or disfigurement, in which case the
25 driving privileges of the person shall be suspended for 12
26 months;
HB3595 Enrolled - 980 - LRB104 08153 BAB 18201 b
1 51. Has committed a violation of Section 10-15 of Of
2 the Cannabis Regulation and Tax Act or a similar provision
3 of a local ordinance while in a motor vehicle; or
4 52. Has committed a violation of subsection (b) of
5 Section 10-20 of the Cannabis Regulation and Tax Act or a
6 similar provision of a local ordinance.
7 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
8 and 27 of this subsection, license means any driver's license,
9 any traffic ticket issued when the person's driver's license
10 is deposited in lieu of bail, a suspension notice issued by the
11 Secretary of State, a duplicate or corrected driver's license,
12 a probationary driver's license, or a temporary driver's
13 license.
14 (b) If any conviction forming the basis of a suspension or
15 revocation authorized under this Section is appealed, the
16 Secretary of State may rescind or withhold the entry of the
17 order of suspension or revocation, as the case may be,
18 provided that a certified copy of a stay order of a court is
19 filed with the Secretary of State. If the conviction is
20 affirmed on appeal, the date of the conviction shall relate
21 back to the time the original judgment of conviction was
22 entered and the 6-month limitation prescribed shall not apply.
23 (c) 1. Upon suspending or revoking the driver's license or
24 permit of any person as authorized in this Section, the
25 Secretary of State shall immediately notify the person in
26 writing of the revocation or suspension. The notice to be
HB3595 Enrolled - 981 - LRB104 08153 BAB 18201 b
1 deposited in the United States mail, postage prepaid, to the
2 last known address of the person.
3 2. If the Secretary of State suspends the driver's license
4 of a person under subsection 2 of paragraph (a) of this
5 Section, a person's privilege to operate a vehicle as an
6 occupation shall not be suspended, provided an affidavit is
7 properly completed, the appropriate fee received, and a permit
8 issued prior to the effective date of the suspension, unless 5
9 offenses were committed, at least 2 of which occurred while
10 operating a commercial vehicle in connection with the driver's
11 regular occupation. All other driving privileges shall be
12 suspended by the Secretary of State. Any driver prior to
13 operating a vehicle for occupational purposes only must submit
14 the affidavit on forms to be provided by the Secretary of State
15 setting forth the facts of the person's occupation. The
16 affidavit shall also state the number of offenses committed
17 while operating a vehicle in connection with the driver's
18 regular occupation. The affidavit shall be accompanied by the
19 driver's license. Upon receipt of a properly completed
20 affidavit, the Secretary of State shall issue the driver a
21 permit to operate a vehicle in connection with the driver's
22 regular occupation only. Unless the permit is issued by the
23 Secretary of State prior to the date of suspension, the
24 privilege to drive any motor vehicle shall be suspended as set
25 forth in the notice that was mailed under this Section. If an
26 affidavit is received subsequent to the effective date of this
HB3595 Enrolled - 982 - LRB104 08153 BAB 18201 b
1 suspension, a permit may be issued for the remainder of the
2 suspension period.
3 The provisions of this subparagraph shall not apply to any
4 driver required to possess a CDL for the purpose of operating a
5 commercial motor vehicle.
6 Any person who falsely states any fact in the affidavit
7 required herein shall be guilty of perjury under Section 6-302
8 and upon conviction thereof shall have all driving privileges
9 revoked without further rights.
10 3. At the conclusion of a hearing under Section 2-118 of
11 this Code, the Secretary of State shall either rescind or
12 continue an order of revocation or shall substitute an order
13 of suspension; or, good cause appearing therefor, rescind,
14 continue, change, or extend the order of suspension. If the
15 Secretary of State does not rescind the order, the Secretary
16 may upon application, to relieve undue hardship (as defined by
17 the rules of the Secretary of State), issue a restricted
18 driving permit granting the privilege of driving a motor
19 vehicle between the petitioner's residence and petitioner's
20 place of employment or within the scope of the petitioner's
21 employment-related duties, or to allow the petitioner to
22 transport himself or herself, or a family member of the
23 petitioner's household to a medical facility, to receive
24 necessary medical care, to allow the petitioner to transport
25 himself or herself to and from alcohol or drug remedial or
26 rehabilitative activity recommended by a licensed service
HB3595 Enrolled - 983 - LRB104 08153 BAB 18201 b
1 provider, or to allow the petitioner to transport himself or
2 herself or a family member of the petitioner's household to
3 classes, as a student, at an accredited educational
4 institution, or to allow the petitioner to transport children,
5 elderly persons, or persons with disabilities who do not hold
6 driving privileges and are living in the petitioner's
7 household to and from day care daycare. The petitioner must
8 demonstrate that no alternative means of transportation is
9 reasonably available and that the petitioner will not endanger
10 the public safety or welfare.
11 (A) If a person's license or permit is revoked or
12 suspended due to 2 or more convictions of violating
13 Section 11-501 of this Code or a similar provision of a
14 local ordinance or a similar out-of-state offense, or
15 Section 9-3 of the Criminal Code of 1961 or the Criminal
16 Code of 2012, where the use of alcohol or other drugs is
17 recited as an element of the offense, or a similar
18 out-of-state offense, or a combination of these offenses,
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) If a person's license or permit is revoked or
24 suspended 2 or more times due to any combination of:
25 (i) a single conviction of violating Section
26 11-501 of this Code or a similar provision of a local
HB3595 Enrolled - 984 - LRB104 08153 BAB 18201 b
1 ordinance or a similar out-of-state offense or Section
2 9-3 of the Criminal Code of 1961 or the Criminal Code
3 of 2012, where the use of alcohol or other drugs is
4 recited as an element of the offense, or a similar
5 out-of-state offense; or
6 (ii) a statutory summary suspension or revocation
7 under Section 11-501.1; or
8 (iii) a suspension under Section 6-203.1;
9 arising out of separate occurrences; that person, if
10 issued a restricted driving permit, may not operate a
11 vehicle unless it has been equipped with an ignition
12 interlock device as defined in Section 1-129.1.
13 (B-5) If a person's license or permit is revoked or
14 suspended due to a conviction for a violation of
15 subparagraph (C) or (F) of paragraph (1) of subsection (d)
16 of Section 11-501 of this Code, or a similar provision of a
17 local ordinance or similar out-of-state offense, that
18 person, if issued a restricted driving permit, may not
19 operate a vehicle unless it has been equipped with an
20 ignition interlock device as defined in Section 1-129.1.
21 (C) The person issued a permit conditioned upon the
22 use of an ignition interlock device must pay to the
23 Secretary of State DUI Administration Fund an amount not
24 to exceed $30 per month. The Secretary shall establish by
25 rule the amount and the procedures, terms, and conditions
26 relating to these fees.
HB3595 Enrolled - 985 - LRB104 08153 BAB 18201 b
1 (D) If the restricted driving permit is issued for
2 employment purposes, then the prohibition against
3 operating a motor vehicle that is not equipped with an
4 ignition interlock device does not apply to the operation
5 of an occupational vehicle owned or leased by that
6 person's employer when used solely for employment
7 purposes. For any person who, within a 5-year period, is
8 convicted of a second or subsequent offense under Section
9 11-501 of this Code, or a similar provision of a local
10 ordinance or similar out-of-state offense, this employment
11 exemption does not apply until either a one-year period
12 has elapsed during which that person had his or her
13 driving privileges revoked or a one-year period has
14 elapsed during which that person had a restricted driving
15 permit which required the use of an ignition interlock
16 device on every motor vehicle owned or operated by that
17 person.
18 (E) In each case the Secretary may issue a restricted
19 driving permit for a period deemed appropriate, except
20 that all permits shall expire no later than 2 years from
21 the date of issuance. A restricted driving permit issued
22 under this Section shall be subject to cancellation,
23 revocation, and suspension by the Secretary of State in
24 like manner and for like cause as a driver's license
25 issued under this Code may be cancelled, revoked, or
26 suspended; except that a conviction upon one or more
HB3595 Enrolled - 986 - LRB104 08153 BAB 18201 b
1 offenses against laws or ordinances regulating the
2 movement of traffic shall be deemed sufficient cause for
3 the revocation, suspension, or cancellation of a
4 restricted driving permit. The Secretary of State may, as
5 a condition to the issuance of a restricted driving
6 permit, require the applicant to participate in a
7 designated driver remedial or rehabilitative program. The
8 Secretary of State is authorized to cancel a restricted
9 driving permit if the permit holder does not successfully
10 complete the program.
11 (F) A person subject to the provisions of paragraph 4
12 of subsection (b) of Section 6-208 of this Code may make
13 application for a restricted driving permit at a hearing
14 conducted under Section 2-118 of this Code after the
15 expiration of 5 years from the effective date of the most
16 recent revocation or after 5 years from the date of
17 release from a period of imprisonment resulting from a
18 conviction of the most recent offense, whichever is later,
19 provided the person, in addition to all other requirements
20 of the Secretary, shows by clear and convincing evidence:
21 (i) a minimum of 3 years of uninterrupted
22 abstinence from alcohol and the unlawful use or
23 consumption of cannabis under the Cannabis Control
24 Act, a controlled substance under the Illinois
25 Controlled Substances Act, an intoxicating compound
26 under the Use of Intoxicating Compounds Act, or
HB3595 Enrolled - 987 - LRB104 08153 BAB 18201 b
1 methamphetamine under the Methamphetamine Control and
2 Community Protection Act; and
3 (ii) the successful completion of any
4 rehabilitative treatment and involvement in any
5 ongoing rehabilitative activity that may be
6 recommended by a properly licensed service provider
7 according to an assessment of the person's alcohol or
8 drug use under Section 11-501.01 of this Code.
9 In determining whether an applicant is eligible for a
10 restricted driving permit under this subparagraph (F), the
11 Secretary may consider any relevant evidence, including,
12 but not limited to, testimony, affidavits, records, and
13 the results of regular alcohol or drug tests. Persons
14 subject to the provisions of paragraph 4 of subsection (b)
15 of Section 6-208 of this Code and who have been convicted
16 of more than one violation of paragraph (3), paragraph
17 (4), or paragraph (5) of subsection (a) of Section 11-501
18 of this Code shall not be eligible to apply for a
19 restricted driving permit under this subparagraph (F).
20 A restricted driving permit issued under this
21 subparagraph (F) shall provide that the holder may only
22 operate motor vehicles equipped with an ignition interlock
23 device as required under paragraph (2) of subsection (c)
24 of Section 6-205 of this Code and subparagraph (A) of
25 paragraph 3 of subsection (c) of this Section. The
26 Secretary may revoke a restricted driving permit or amend
HB3595 Enrolled - 988 - LRB104 08153 BAB 18201 b
1 the conditions of a restricted driving permit issued under
2 this subparagraph (F) if the holder operates a vehicle
3 that is not equipped with an ignition interlock device, or
4 for any other reason authorized under this Code.
5 A restricted driving permit issued under this
6 subparagraph (F) shall be revoked, and the holder barred
7 from applying for or being issued a restricted driving
8 permit in the future, if the holder is convicted of a
9 violation of Section 11-501 of this Code, a similar
10 provision of a local ordinance, or a similar offense in
11 another state.
12 (c-3) In the case of a suspension under paragraph 43 of
13 subsection (a), reports received by the Secretary of State
14 under this Section shall, except during the actual time the
15 suspension is in effect, be privileged information and for use
16 only by the courts, police officers, prosecuting authorities,
17 the driver licensing administrator of any other state, the
18 Secretary of State, or the parent or legal guardian of a driver
19 under the age of 18. However, beginning January 1, 2008, if the
20 person is a CDL holder, the suspension shall also be made
21 available to the driver licensing administrator of any other
22 state, the U.S. Department of Transportation, and the affected
23 driver or motor carrier or prospective motor carrier upon
24 request.
25 (c-4) In the case of a suspension under paragraph 43 of
26 subsection (a), the Secretary of State shall notify the person
HB3595 Enrolled - 989 - LRB104 08153 BAB 18201 b
1 by mail that his or her driving privileges and driver's
2 license will be suspended one month after the date of the
3 mailing of the notice.
4 (c-5) The Secretary of State may, as a condition of the
5 reissuance of a driver's license or permit to an applicant
6 whose driver's license or permit has been suspended before he
7 or she reached the age of 21 years pursuant to any of the
8 provisions of this Section, require the applicant to
9 participate in a driver remedial education course and be
10 retested under Section 6-109 of this Code.
11 (d) This Section is subject to the provisions of the
12 Driver License Compact.
13 (e) The Secretary of State shall not issue a restricted
14 driving permit to a person under the age of 16 years whose
15 driving privileges have been suspended or revoked under any
16 provisions of this Code.
17 (f) In accordance with 49 CFR 384, the Secretary of State
18 may not issue a restricted driving permit for the operation of
19 a commercial motor vehicle to a person holding a CDL whose
20 driving privileges have been suspended, revoked, cancelled, or
21 disqualified under any provisions of this Code.
22 (Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21;
23 102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff.
24 7-1-23; 103-154, eff. 6-30-23; 103-822, eff. 1-1-25; 103-1071,
25 eff. 7-1-25; revised 10-27-25.)
HB3595 Enrolled - 990 - LRB104 08153 BAB 18201 b
1 (Text of Section after amendment by P.A. 104-400)
2 Sec. 6-206. Discretionary authority to suspend or revoke
3 license or permit; right to a hearing.
4 (a) The Secretary of State is authorized to suspend or
5 revoke the driving privileges of any person without
6 preliminary hearing upon a showing of the person's records or
7 other sufficient evidence that the person:
8 1. Has committed an offense for which mandatory
9 revocation of a driver's license or permit is required
10 upon conviction;
11 2. Has been convicted of not less than 3 offenses
12 against traffic regulations governing the movement of
13 vehicles committed within any 12-month period. No
14 revocation or suspension shall be entered more than 6
15 months after the date of last conviction;
16 3. Has been repeatedly involved as a driver in motor
17 vehicle collisions or has been repeatedly convicted of
18 offenses against laws and ordinances regulating the
19 movement of traffic, to a degree that indicates lack of
20 ability to exercise ordinary and reasonable care in the
21 safe operation of a motor vehicle or disrespect for the
22 traffic laws and the safety of other persons upon the
23 highway;
24 4. Has by the unlawful operation of a motor vehicle
25 caused or contributed to a crash resulting in injury
26 requiring immediate professional treatment in a medical
HB3595 Enrolled - 991 - LRB104 08153 BAB 18201 b
1 facility or doctor's office to any person, except that any
2 suspension or revocation imposed by the Secretary of State
3 under the provisions of this subsection shall start no
4 later than 6 months after being convicted of violating a
5 law or ordinance regulating the movement of traffic, which
6 violation is related to the crash, or shall start not more
7 than one year after the date of the crash, whichever date
8 occurs later;
9 5. Has permitted an unlawful or fraudulent use of a
10 driver's license, identification card, or permit;
11 6. Has been lawfully convicted of an offense or
12 offenses in another state, including the authorization
13 contained in Section 6-203.1, which if committed within
14 this State would be grounds for suspension or revocation;
15 7. Has refused or failed to submit to an examination
16 provided for by Section 6-207 or has failed to pass the
17 examination;
18 8. Is ineligible for a driver's license or permit
19 under the provisions of Section 6-103;
20 9. Has made a false statement or knowingly concealed a
21 material fact or has used false information or
22 identification in any application for a license,
23 identification card, or permit;
24 10. Has possessed, displayed, or attempted to
25 fraudulently use any license, identification card, or
26 permit not issued to the person;
HB3595 Enrolled - 992 - LRB104 08153 BAB 18201 b
1 11. Has operated a motor vehicle upon a highway of
2 this State when the person's driving privilege or
3 privilege to obtain a driver's license or permit was
4 revoked or suspended unless the operation was authorized
5 by a monitoring device driving permit, judicial driving
6 permit issued prior to January 1, 2009, probationary
7 license to drive, or restricted driving permit issued
8 under this Code;
9 12. Has submitted to any portion of the application
10 process for another person or has obtained the services of
11 another person to submit to any portion of the application
12 process for the purpose of obtaining a license,
13 identification card, or permit for some other person;
14 13. Has operated a motor vehicle upon a highway of
15 this State when the person's driver's license or permit
16 was invalid under the provisions of Sections 6-107.1 and
17 6-110;
18 14. Has committed a violation of Section 6-301,
19 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
20 14B of the Illinois Identification Card Act or a similar
21 offense in another state if, at the time of the offense,
22 the person held an Illinois driver's license or
23 identification card;
24 15. Has been convicted of violating Section 21-2 of
25 the Criminal Code of 1961 or the Criminal Code of 2012
26 relating to criminal trespass to vehicles if the person
HB3595 Enrolled - 993 - LRB104 08153 BAB 18201 b
1 exercised actual physical control over the vehicle during
2 the commission of the offense, in which case the
3 suspension shall be for one year;
4 16. Has been convicted of violating Section 11-204 of
5 this Code relating to fleeing from a peace officer;
6 17. Has refused to submit to a test, or tests, as
7 required under Section 11-501.1 of this Code and the
8 person has not sought a hearing as provided for in Section
9 11-501.1;
10 18. (Blank);
11 19. Has committed a violation of paragraph (a) or (b)
12 of Section 6-101 relating to driving without a driver's
13 license;
14 20. Has been convicted of violating Section 6-104
15 relating to classification of driver's license;
16 21. Has been convicted of violating Section 11-402 of
17 this Code relating to leaving the scene of a crash
18 resulting in damage to a vehicle in excess of $1,000, in
19 which case the suspension shall be for one year;
20 22. Has used a motor vehicle in violating paragraph
21 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
22 the Criminal Code of 1961 or the Criminal Code of 2012
23 relating to unlawful possession of weapons, in which case
24 the suspension shall be for one year;
25 23. Has, as a driver, been convicted of committing a
26 violation of paragraph (a) of Section 11-502 of this Code
HB3595 Enrolled - 994 - LRB104 08153 BAB 18201 b
1 for a second or subsequent time within one year of a
2 similar violation;
3 24. Has been convicted by a court-martial or punished
4 by non-judicial punishment by military authorities of the
5 United States at a military installation in Illinois or in
6 another state of or for a traffic-related offense that is
7 the same as or similar to an offense specified under
8 Section 6-205 or 6-206 of this Code;
9 25. Has permitted any form of identification to be
10 used by another in the application process in order to
11 obtain or attempt to obtain a license, identification
12 card, or permit;
13 26. Has altered or attempted to alter a license or has
14 possessed an altered license, identification card, or
15 permit;
16 27. (Blank);
17 28. Has been convicted for a first time of the illegal
18 possession, while operating or in actual physical control,
19 as a driver, of a motor vehicle, of any controlled
20 substance prohibited under the Illinois Controlled
21 Substances Act, any cannabis prohibited under the Cannabis
22 Control Act, or any methamphetamine prohibited under the
23 Methamphetamine Control and Community Protection Act, in
24 which case the person's driving privileges shall be
25 suspended for one year. Any defendant found guilty of this
26 offense while operating a motor vehicle shall have an
HB3595 Enrolled - 995 - LRB104 08153 BAB 18201 b
1 entry made in the court record by the presiding judge that
2 this offense did occur while the defendant was operating a
3 motor vehicle and order the clerk of the court to report
4 the violation to the Secretary of State;
5 29. Has been convicted of the following offenses that
6 were committed while the person was operating or in actual
7 physical control, as a driver, of a motor vehicle:
8 criminal sexual assault, predatory criminal sexual assault
9 of a child, aggravated criminal sexual assault, criminal
10 sexual abuse, aggravated criminal sexual abuse, juvenile
11 pimping, soliciting for a sexually exploited child,
12 promoting commercial sexual exploitation of a child as
13 described in subdivision (a)(1), (a)(2), or (a)(3) of
14 Section 11-14.4 of the Criminal Code of 1961 or the
15 Criminal Code of 2012, and the manufacture, sale or
16 delivery of controlled substances or instruments used for
17 illegal drug use or abuse in which case the driver's
18 driving privileges shall be suspended for one year;
19 30. Has been convicted a second or subsequent time for
20 any combination of the offenses named in paragraph 29 of
21 this subsection, in which case the person's driving
22 privileges shall be suspended for 5 years;
23 31. Has refused to submit to a test as required by
24 Section 11-501.6 of this Code or Section 5-16c of the Boat
25 Registration and Safety Act or has submitted to a test
26 resulting in an alcohol concentration of 0.08 or more or
HB3595 Enrolled - 996 - LRB104 08153 BAB 18201 b
1 any amount of a drug, substance, or compound resulting
2 from the unlawful use or consumption of cannabis as listed
3 in the Cannabis Control Act, a controlled substance as
4 listed in the Illinois Controlled Substances Act, an
5 intoxicating compound as listed in the Use of Intoxicating
6 Compounds Act, or methamphetamine as listed in the
7 Methamphetamine Control and Community Protection Act, in
8 which case the penalty shall be as prescribed in Section
9 6-208.1;
10 32. Has been convicted of Section 24-1.2 of the
11 Criminal Code of 1961 or the Criminal Code of 2012
12 relating to the aggravated discharge of a firearm if the
13 offender was located in a motor vehicle at the time the
14 firearm was discharged, in which case the suspension shall
15 be for 3 years;
16 33. Has as a driver, who was less than 21 years of age
17 on the date of the offense, been convicted a first time of
18 a violation of paragraph (a) of Section 11-502 of this
19 Code or a similar provision of a local ordinance;
20 34. Has committed a violation of Section 11-1301.5 of
21 this Code or a similar provision of a local ordinance;
22 35. Has committed a violation of Section 11-1301.6 of
23 this Code or a similar provision of a local ordinance;
24 36. Is under the age of 21 years at the time of arrest
25 and has been convicted of not less than 2 offenses against
26 traffic regulations governing the movement of vehicles
HB3595 Enrolled - 997 - LRB104 08153 BAB 18201 b
1 committed within any 24-month period. No revocation or
2 suspension shall be entered more than 6 months after the
3 date of last conviction;
4 37. Has committed a violation of subsection (c),
5 (c-5), or (c-10) of Section 11-907 of this Code that
6 resulted in damage to the property of another or the death
7 or injury of another;
8 38. Has been convicted of a violation of Section 6-20
9 of the Liquor Control Act of 1934 or a similar provision of
10 a local ordinance and the person was an occupant of a motor
11 vehicle at the time of the violation;
12 39. Has committed a second or subsequent violation of
13 Section 11-1201 of this Code;
14 40. Has committed a violation of subsection (a-1) of
15 Section 11-908 of this Code;
16 41. Has committed a second or subsequent violation of
17 Section 11-605.1 of this Code, a similar provision of a
18 local ordinance, or a similar violation in any other state
19 within 2 years of the date of the previous violation, in
20 which case the suspension shall be for 90 days;
21 42. Has committed a violation of subsection (a-1) of
22 Section 11-1301.3 of this Code or a similar provision of a
23 local ordinance;
24 43. Has received a disposition of court supervision
25 for a violation of subsection (a), (d), or (e) of Section
26 6-20 of the Liquor Control Act of 1934 or a similar
HB3595 Enrolled - 998 - LRB104 08153 BAB 18201 b
1 provision of a local ordinance and the person was an
2 occupant of a motor vehicle at the time of the violation,
3 in which case the suspension shall be for a period of 3
4 months;
5 44. Is under the age of 21 years at the time of arrest
6 and has been convicted of an offense against traffic
7 regulations governing the movement of vehicles after
8 having previously had his or her driving privileges
9 suspended or revoked pursuant to subparagraph 36 of this
10 Section;
11 45. Has, in connection with or during the course of a
12 formal hearing conducted under Section 2-118 of this Code:
13 (i) committed perjury; (ii) submitted fraudulent or
14 falsified documents; (iii) submitted documents that have
15 been materially altered; or (iv) submitted, as his or her
16 own, documents that were in fact prepared or composed for
17 another person;
18 46. Has committed a violation of subsection (j) of
19 Section 3-413 of this Code;
20 47. Has committed a violation of subsection (a) of
21 Section 11-502.1 of this Code;
22 48. Has submitted a falsified or altered medical
23 examiner's certificate to the Secretary of State or
24 provided false information to obtain a medical examiner's
25 certificate;
26 49. Has been convicted of a violation of Section
HB3595 Enrolled - 999 - LRB104 08153 BAB 18201 b
1 11-1002 or 11-1002.5 that resulted in a Type A injury to
2 another, in which case the driving privileges of the
3 person shall be suspended for 12 months;
4 50. Has committed a violation of subsection (b-5) of
5 Section 12-610.2 that resulted in great bodily harm,
6 permanent disability, or disfigurement, in which case the
7 driving privileges of the person shall be suspended for 12
8 months;
9 51. Has committed a violation of Section 10-15 of Of
10 the Cannabis Regulation and Tax Act or a similar provision
11 of a local ordinance while in a motor vehicle; or
12 52. Has committed a violation of subsection (b) of
13 Section 10-20 of the Cannabis Regulation and Tax Act or a
14 similar provision of a local ordinance.
15 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
16 and 27 of this subsection, license means any driver's license,
17 any traffic ticket issued when the person's driver's license
18 is deposited in lieu of bail, a suspension notice issued by the
19 Secretary of State, a duplicate or corrected driver's license,
20 a probationary driver's license, or a temporary driver's
21 license.
22 (b) If any conviction forming the basis of a suspension or
23 revocation authorized under this Section is appealed, the
24 Secretary of State may rescind or withhold the entry of the
25 order of suspension or revocation, as the case may be,
26 provided that a certified copy of a stay order of a court is
HB3595 Enrolled - 1000 - LRB104 08153 BAB 18201 b
1 filed with the Secretary of State. If the conviction is
2 affirmed on appeal, the date of the conviction shall relate
3 back to the time the original judgment of conviction was
4 entered and the 6-month limitation prescribed shall not apply.
5 (c) 1. Upon suspending or revoking the driver's license or
6 permit of any person as authorized in this Section, the
7 Secretary of State shall immediately notify the person in
8 writing of the revocation or suspension. The notice to be
9 deposited in the United States mail, postage prepaid, to the
10 last known address of the person.
11 2. If the Secretary of State suspends the driver's license
12 of a person under subsection 2 of paragraph (a) of this
13 Section, a person's privilege to operate a vehicle as an
14 occupation shall not be suspended, provided an affidavit is
15 properly completed, the appropriate fee received, and a permit
16 issued prior to the effective date of the suspension, unless 5
17 offenses were committed, at least 2 of which occurred while
18 operating a commercial vehicle in connection with the driver's
19 regular occupation. All other driving privileges shall be
20 suspended by the Secretary of State. Any driver prior to
21 operating a vehicle for occupational purposes only must submit
22 the affidavit on forms to be provided by the Secretary of State
23 setting forth the facts of the person's occupation. The
24 affidavit shall also state the number of offenses committed
25 while operating a vehicle in connection with the driver's
26 regular occupation. The affidavit shall be accompanied by the
HB3595 Enrolled - 1001 - LRB104 08153 BAB 18201 b
1 driver's license. Upon receipt of a properly completed
2 affidavit, the Secretary of State shall issue the driver a
3 permit to operate a vehicle in connection with the driver's
4 regular occupation only. Unless the permit is issued by the
5 Secretary of State prior to the date of suspension, the
6 privilege to drive any motor vehicle shall be suspended as set
7 forth in the notice that was mailed under this Section. If an
8 affidavit is received subsequent to the effective date of this
9 suspension, a permit may be issued for the remainder of the
10 suspension period.
11 The provisions of this subparagraph shall not apply to any
12 driver required to possess a CDL for the purpose of operating a
13 commercial motor vehicle.
14 Any person who falsely states any fact in the affidavit
15 required herein shall be guilty of perjury under Section 6-302
16 and upon conviction thereof shall have all driving privileges
17 revoked without further rights.
18 3. At the conclusion of a hearing under Section 2-118 of
19 this Code, the Secretary of State shall either rescind or
20 continue an order of revocation or shall substitute an order
21 of suspension; or, good cause appearing therefor, rescind,
22 continue, change, or extend the order of suspension. If the
23 Secretary of State does not rescind the order, the Secretary
24 may upon application, to relieve undue hardship (as defined by
25 the rules of the Secretary of State), issue a restricted
26 driving permit granting the privilege of driving a motor
HB3595 Enrolled - 1002 - LRB104 08153 BAB 18201 b
1 vehicle between the petitioner's residence and petitioner's
2 place of employment or within the scope of the petitioner's
3 employment-related duties, or to allow the petitioner to
4 transport himself or herself, or a family member of the
5 petitioner's household to a medical facility, to receive
6 necessary medical care, to allow the petitioner to transport
7 himself or herself to and from alcohol or drug remedial or
8 rehabilitative activity recommended by a licensed service
9 provider, or to allow the petitioner to transport himself or
10 herself or a family member of the petitioner's household to
11 classes, as a student, at an accredited educational
12 institution, or to allow the petitioner to transport children,
13 elderly persons, or persons with disabilities who do not hold
14 driving privileges and are living in the petitioner's
15 household to and from early care and education daycare. The
16 petitioner must demonstrate that no alternative means of
17 transportation is reasonably available and that the petitioner
18 will not endanger the public safety or welfare.
19 (A) If a person's license or permit is revoked or
20 suspended due to 2 or more convictions of violating
21 Section 11-501 of this Code or a similar provision of a
22 local ordinance or a similar out-of-state offense, or
23 Section 9-3 of the Criminal Code of 1961 or the Criminal
24 Code of 2012, where the use of alcohol or other drugs is
25 recited as an element of the offense, or a similar
26 out-of-state offense, or a combination of these offenses,
HB3595 Enrolled - 1003 - LRB104 08153 BAB 18201 b
1 arising out of separate occurrences, that person, if
2 issued a restricted driving permit, may not operate a
3 vehicle unless it has been equipped with an ignition
4 interlock device as defined in Section 1-129.1.
5 (B) If a person's license or permit is revoked or
6 suspended 2 or more times due to any combination of:
7 (i) a single conviction of violating Section
8 11-501 of this Code or a similar provision of a local
9 ordinance or a similar out-of-state offense or Section
10 9-3 of the Criminal Code of 1961 or the Criminal Code
11 of 2012, where the use of alcohol or other drugs is
12 recited as an element of the offense, or a similar
13 out-of-state offense; or
14 (ii) a statutory summary suspension or revocation
15 under Section 11-501.1; or
16 (iii) a suspension under Section 6-203.1;
17 arising out of separate occurrences; that person, if
18 issued a restricted driving permit, may not operate a
19 vehicle unless it has been equipped with an ignition
20 interlock device as defined in Section 1-129.1.
21 (B-5) If a person's license or permit is revoked or
22 suspended due to a conviction for a violation of
23 subparagraph (C) or (F) of paragraph (1) of subsection (d)
24 of Section 11-501 of this Code, or a similar provision of a
25 local ordinance or similar out-of-state offense, that
26 person, if issued a restricted driving permit, may not
HB3595 Enrolled - 1004 - LRB104 08153 BAB 18201 b
1 operate a vehicle unless it has been equipped with an
2 ignition interlock device as defined in Section 1-129.1.
3 (C) The person issued a permit conditioned upon the
4 use of an ignition interlock device must pay to the
5 Secretary of State DUI Administration Fund an amount not
6 to exceed $30 per month. The Secretary shall establish by
7 rule the amount and the procedures, terms, and conditions
8 relating to these fees.
9 (D) If the restricted driving permit is issued for
10 employment purposes, then the prohibition against
11 operating a motor vehicle that is not equipped with an
12 ignition interlock device does not apply to the operation
13 of an occupational vehicle owned or leased by that
14 person's employer when used solely for employment
15 purposes. For any person who, within a 5-year period, is
16 convicted of a second or subsequent offense under Section
17 11-501 of this Code, or a similar provision of a local
18 ordinance or similar out-of-state offense, this employment
19 exemption does not apply until either a one-year period
20 has elapsed during which that person had his or her
21 driving privileges revoked or a one-year period has
22 elapsed during which that person had a restricted driving
23 permit which required the use of an ignition interlock
24 device on every motor vehicle owned or operated by that
25 person.
26 (E) In each case the Secretary may issue a restricted
HB3595 Enrolled - 1005 - LRB104 08153 BAB 18201 b
1 driving permit for a period deemed appropriate, except
2 that all permits shall expire no later than 2 years from
3 the date of issuance. A restricted driving permit issued
4 under this Section shall be subject to cancellation,
5 revocation, and suspension by the Secretary of State in
6 like manner and for like cause as a driver's license
7 issued under this Code may be cancelled, revoked, or
8 suspended; except that a conviction upon one or more
9 offenses against laws or ordinances regulating the
10 movement of traffic shall be deemed sufficient cause for
11 the revocation, suspension, or cancellation of a
12 restricted driving permit. The Secretary of State may, as
13 a condition to the issuance of a restricted driving
14 permit, require the applicant to participate in a
15 designated driver remedial or rehabilitative program. The
16 Secretary of State is authorized to cancel a restricted
17 driving permit if the permit holder does not successfully
18 complete the program.
19 (F) A person subject to the provisions of paragraph 4
20 of subsection (b) of Section 6-208 of this Code may make
21 application for a restricted driving permit at a hearing
22 conducted under Section 2-118 of this Code after the
23 expiration of 5 years from the effective date of the most
24 recent revocation or after 5 years from the date of
25 release from a period of imprisonment resulting from a
26 conviction of the most recent offense, whichever is later,
HB3595 Enrolled - 1006 - LRB104 08153 BAB 18201 b
1 provided the person, in addition to all other requirements
2 of the Secretary, shows by clear and convincing evidence:
3 (i) a minimum of 3 years of uninterrupted
4 abstinence from alcohol and the unlawful use or
5 consumption of cannabis under the Cannabis Control
6 Act, a controlled substance under the Illinois
7 Controlled Substances Act, an intoxicating compound
8 under the Use of Intoxicating Compounds Act, or
9 methamphetamine under the Methamphetamine Control and
10 Community Protection Act; and
11 (ii) the successful completion of any
12 rehabilitative treatment and involvement in any
13 ongoing rehabilitative activity that may be
14 recommended by a properly licensed service provider
15 according to an assessment of the person's alcohol or
16 drug use under Section 11-501.01 of this Code.
17 In determining whether an applicant is eligible for a
18 restricted driving permit under this subparagraph (F), the
19 Secretary may consider any relevant evidence, including,
20 but not limited to, testimony, affidavits, records, and
21 the results of regular alcohol or drug tests. Persons
22 subject to the provisions of paragraph 4 of subsection (b)
23 of Section 6-208 of this Code and who have been convicted
24 of more than one violation of paragraph (3), paragraph
25 (4), or paragraph (5) of subsection (a) of Section 11-501
26 of this Code shall not be eligible to apply for a
HB3595 Enrolled - 1007 - LRB104 08153 BAB 18201 b
1 restricted driving permit under this subparagraph (F).
2 A restricted driving permit issued under this
3 subparagraph (F) shall provide that the holder may only
4 operate motor vehicles equipped with an ignition interlock
5 device as required under paragraph (2) of subsection (c)
6 of Section 6-205 of this Code and subparagraph (A) of
7 paragraph 3 of subsection (c) of this Section. The
8 Secretary may revoke a restricted driving permit or amend
9 the conditions of a restricted driving permit issued under
10 this subparagraph (F) if the holder operates a vehicle
11 that is not equipped with an ignition interlock device, or
12 for any other reason authorized under this Code.
13 A restricted driving permit issued under this
14 subparagraph (F) shall be revoked, and the holder barred
15 from applying for or being issued a restricted driving
16 permit in the future, if the holder is convicted of a
17 violation of Section 11-501 of this Code, a similar
18 provision of a local ordinance, or a similar offense in
19 another state.
20 (c-3) In the case of a suspension under paragraph 43 of
21 subsection (a), reports received by the Secretary of State
22 under this Section shall, except during the actual time the
23 suspension is in effect, be privileged information and for use
24 only by the courts, police officers, prosecuting authorities,
25 the driver licensing administrator of any other state, the
26 Secretary of State, or the parent or legal guardian of a driver
HB3595 Enrolled - 1008 - LRB104 08153 BAB 18201 b
1 under the age of 18. However, beginning January 1, 2008, if the
2 person is a CDL holder, the suspension shall also be made
3 available to the driver licensing administrator of any other
4 state, the U.S. Department of Transportation, and the affected
5 driver or motor carrier or prospective motor carrier upon
6 request.
7 (c-4) In the case of a suspension under paragraph 43 of
8 subsection (a), the Secretary of State shall notify the person
9 by mail that his or her driving privileges and driver's
10 license will be suspended one month after the date of the
11 mailing of the notice.
12 (c-5) The Secretary of State may, as a condition of the
13 reissuance of a driver's license or permit to an applicant
14 whose driver's license or permit has been suspended before he
15 or she reached the age of 21 years pursuant to any of the
16 provisions of this Section, require the applicant to
17 participate in a driver remedial education course and be
18 retested under Section 6-109 of this Code.
19 (d) This Section is subject to the provisions of the
20 Driver License Compact.
21 (e) The Secretary of State shall not issue a restricted
22 driving permit to a person under the age of 16 years whose
23 driving privileges have been suspended or revoked under any
24 provisions of this Code.
25 (f) In accordance with 49 CFR 384, the Secretary of State
26 may not issue a restricted driving permit for the operation of
HB3595 Enrolled - 1009 - LRB104 08153 BAB 18201 b
1 a commercial motor vehicle to a person holding a CDL whose
2 driving privileges have been suspended, revoked, cancelled, or
3 disqualified under any provisions of this Code.
4 (Source: P.A. 103-154, eff. 6-30-23; 103-822, eff. 1-1-25;
5 103-1071, eff. 7-1-25; 104-400, eff. 6-1-26; revised
6 10-27-25.)
7 (625 ILCS 5/12-707.01) (from Ch. 95 1/2, par. 12-707.01)
8 Sec. 12-707.01. Liability insurance.
9 (a) No school bus, first division vehicle including a taxi
10 which is used for a purpose that requires a school bus driver
11 permit, commuter van or motor vehicle owned by or used for hire
12 by and in connection with the operation of private or public
13 schools, day camps, summer camps or nursery schools, and no
14 commuter van or passenger car used for a for-profit
15 ridesharing arrangement, shall be operated for such purposes
16 unless the owner thereof shall carry a minimum of personal
17 injury liability insurance in the amount of $25,000 for any
18 one person in any one crash, and subject to the limit for one
19 person, $100,000 for two or more persons injured by reason of
20 the operation of the vehicle in any one crash. This subsection
21 (a) applies only to personal injury liability policies issued
22 or renewed before January 1, 2013.
23 (b) Liability insurance policies issued or renewed on and
24 after January 1, 2013 shall comply with the following:
25 (1) except as provided in subparagraph (2) of this
HB3595 Enrolled - 1010 - LRB104 08153 BAB 18201 b
1 subsection (b), any vehicle that is used for a purpose
2 that requires a school bus driver permit under Section
3 6-104 of this Code shall carry a minimum of liability
4 insurance in the amount of $2,000,000. This minimum
5 insurance requirement may be satisfied by either (i) a
6 $2,000,000 combined single limit primary commercial
7 automobile policy; or (ii) a $1 million primary commercial
8 automobile policy and a minimum $5,000,000 excess or
9 umbrella liability policy;
10 (2) any vehicle that is used for a purpose that
11 requires a school bus driver permit under Section 6-104 of
12 this Code and is used in connection with the operation of
13 private child care providers day care facilities, day
14 camps, summer camps, or nursery schools shall carry a
15 minimum of liability insurance in the amount of $1,000,000
16 combined single limit per crash;
17 (3) any commuter van or passenger car used for a
18 for-profit ridesharing arrangement shall carry a minimum
19 of liability insurance in the amount of $500,000 combined
20 single limit per crash.
21 (c) Primary insurance coverage under the provisions of
22 this Section must be provided by a licensed and admitted
23 insurance carrier or an intergovernmental cooperative formed
24 under Section 10 of Article VII of the Illinois Constitution,
25 or Section 6 or 9 of the Intergovernmental Cooperation Act, or
26 provided by a certified self-insurer under Section 7-502 of
HB3595 Enrolled - 1011 - LRB104 08153 BAB 18201 b
1 this Code. The excess or umbrella liability coverage
2 requirement may be met by securing surplus line insurance as
3 defined under Section 445 of the Illinois Insurance Code. If
4 the excess or umbrella liability coverage requirement is met
5 by securing surplus line insurance, that coverage must be
6 effected through a licensed surplus line producer acting under
7 the surplus line insurance laws and regulations of this State.
8 Nothing in this subsection (c) shall be construed as
9 prohibiting a licensed and admitted insurance carrier or an
10 intergovernmental cooperative formed under Section 10 of
11 Article VII of the Illinois Constitution, or Section 6 or 9 of
12 the Intergovernmental Cooperation Act, or a certified
13 self-insurer under Section 7-502 of this Code, from retaining
14 the risk required under paragraphs (1) and (2) of subsection
15 (b) of this Section or issuing a single primary policy meeting
16 the requirements of paragraphs (1) and (2) of subsection (b).
17 (d) Each owner of a vehicle required to obtain the minimum
18 liability requirements under subsection (b) of this Section
19 shall attest that the vehicle meets the minimum insurance
20 requirements under this Section. The Secretary of State shall
21 create a form for each owner of a vehicle to attest that the
22 owner meets the minimum insurance requirements and the owner
23 of the vehicle shall submit the form with each registration
24 application. The form shall be valid for the full registration
25 period; however, if at any time the Secretary has reason to
26 believe that the owner does not have the minimum required
HB3595 Enrolled - 1012 - LRB104 08153 BAB 18201 b
1 amount of insurance for a vehicle, then the Secretary may
2 require a certificate of insurance, or its equivalent, to
3 ensure the vehicle is insured. If the owner fails to produce a
4 certificate of insurance, or its equivalent, within 2 calendar
5 days after the request was made, then the Secretary may revoke
6 the vehicle owner's registration until the Secretary is
7 assured the vehicle meets the minimum insurance requirements.
8 If the owner of a vehicle participates in an intergovernmental
9 cooperative or is self-insured, then the owner shall attest
10 that the insurance required under this Section is equivalent
11 to or greater than the insurance required under paragraph (1)
12 of subsection (b) of this Section. The Secretary may adopt any
13 rules necessary to enforce the provisions of this subsection
14 (d).
15 (Source: P.A. 102-982, eff. 7-1-23.)
16 Section 290. The Criminal Code of 2012 is amended by
17 changing Sections 2-5.1, 2-5.2, 2-8.1, 11-0.1, 11-9.3, 11-24,
18 2-12.1, 18-1, 19-1, and 48-1 as follows:
19 (720 ILCS 5/2-5.1)
20 Sec. 2-5.1. Early care and education Day care center.
21 "Early care and education Day care center" has the meaning
22 ascribed to it in Section 2.09 of the Child Care Act of 1969.
23 (Source: P.A. 96-556, eff. 1-1-10.)
HB3595 Enrolled - 1013 - LRB104 08153 BAB 18201 b
1 (720 ILCS 5/2-5.2)
2 Sec. 2-5.2. Early care and education Day care home. "Early
3 care and education Day care home" has the meaning ascribed to
4 it in Section 2.18 of the Child Care Act of 1969.
5 (Source: P.A. 96-556, eff. 1-1-10.)
6 (720 ILCS 5/2-8.1)
7 Sec. 2-8.1. Group early care and education day care home.
8 "Group early care and education day care home" has the meaning
9 ascribed to it in Section 2.20 of the Child Care Act of 1969.
10 (Source: P.A. 96-556, eff. 1-1-10.)
11 (720 ILCS 5/2-12.1)
12 Sec. 2-12.1. Part day program child care facility. "Part
13 day program child care facility" means part day programs for
14 children ages 3 until they turn 5 or begin kindergarten,
15 whichever is later, where the child is present for a maximum of
16 3 hours per day and the parent or guardian is not on site has
17 the meaning ascribed to it in Section 2.10 of the Child Care
18 Act of 1969.
19 (Source: P.A. 96-556, eff. 1-1-10.)
20 (720 ILCS 5/11-0.1)
21 Sec. 11-0.1. Definitions. In this Article, unless the
22 context clearly requires otherwise, the following terms are
23 defined as indicated:
HB3595 Enrolled - 1014 - LRB104 08153 BAB 18201 b
1 "Accused" means a person accused of an offense prohibited
2 by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
3 this Code or a person for whose conduct the accused is legally
4 responsible under Article 5 of this Code.
5 "Adult obscenity or child sexual abuse material Internet
6 site". See Section 11-23.
7 "Advance prostitution" means:
8 (1) Soliciting for a person engaged in the sex trade
9 by performing any of the following acts when acting other
10 than as a person engaged in the sex trade or a patron of a
11 person engaged in the sex trade:
12 (A) Soliciting another for the purpose of
13 prostitution.
14 (B) Arranging or offering to arrange a meeting of
15 persons for the purpose of prostitution.
16 (C) Directing another to a place knowing the
17 direction is for the purpose of prostitution.
18 (2) Keeping a place of prostitution by controlling or
19 exercising control over the use of any place that could
20 offer seclusion or shelter for the practice of
21 prostitution and performing any of the following acts when
22 acting other than as a person engaged in the sex trade or a
23 patron of a person engaged in the sex trade:
24 (A) Knowingly granting or permitting the use of
25 the place for the purpose of prostitution.
26 (B) Granting or permitting the use of the place
HB3595 Enrolled - 1015 - LRB104 08153 BAB 18201 b
1 under circumstances from which he or she could
2 reasonably know that the place is used or is to be used
3 for purposes of prostitution.
4 (C) Permitting the continued use of the place
5 after becoming aware of facts or circumstances from
6 which he or she should reasonably know that the place
7 is being used for purposes of prostitution.
8 "Agency". See Section 11-9.5.
9 "Arranges". See Section 11-6.5.
10 "Bodily harm" means physical harm, and includes, but is
11 not limited to, sexually transmitted disease, pregnancy, and
12 impotence.
13 "Care and custody". See Section 11-9.5.
14 "Child care institution". See Section 11-9.3.
15 "Child sexual abuse material". See Section 11-20.1.
16 "Child sex offender". See Section 11-9.3.
17 "Community agency". See Section 11-9.5.
18 "Conditional release". See Section 11-9.2.
19 "Consent" means a freely given agreement to the act of
20 sexual penetration or sexual conduct in question. Lack of
21 verbal or physical resistance or submission by the victim
22 resulting from the use of force or threat of force by the
23 accused shall not constitute consent. The manner of dress of
24 the victim at the time of the offense shall not constitute
25 consent.
26 "Custody". See Section 11-9.2.
HB3595 Enrolled - 1016 - LRB104 08153 BAB 18201 b
1 "Day care center". See Section 11-9.3.
2 "Depict by computer". See Section 11-20.1.
3 "Depiction by computer". See Section 11-20.1.
4 "Disseminate". See Section 11-20.1.
5 "Distribute". See Section 11-21.
6 "Early care and education center". See Section 11-9.3.
7 "Early care and education institution". See Section
8 11-9.3.
9 "Family member" means a parent, grandparent, child,
10 sibling, aunt, uncle, great-aunt, or great-uncle, whether by
11 whole blood, half-blood, or adoption, and includes a
12 step-grandparent, step-parent, or step-child. "Family member"
13 also means, if the victim is a child under 18 years of age, an
14 accused who has resided in the household with the child
15 continuously for at least 3 months.
16 "Force or threat of force" means the use of force or
17 violence or the threat of force or violence, including, but
18 not limited to, the following situations:
19 (1) when the accused threatens to use force or
20 violence on the victim or on any other person, and the
21 victim under the circumstances reasonably believes that
22 the accused has the ability to execute that threat; or
23 (2) when the accused overcomes the victim by use of
24 superior strength or size, physical restraint, or physical
25 confinement.
26 "Harmful to minors". See Section 11-21.
HB3595 Enrolled - 1017 - LRB104 08153 BAB 18201 b
1 "Loiter". See Section 9.3.
2 "Material". See Section 11-21.
3 "Minor". See Section 11-21.
4 "Nudity". See Section 11-21.
5 "Obscene". See Section 11-20.
6 "Part day program child care facility" means part day
7 programs for children ages 3 until they turn 5 or begin
8 kindergarten, whichever is later, where the child is present
9 for a maximum of 3 hours per day and the parent or guardian is
10 not on site. See Section 11-9.3.
11 "Penal system". See Section 11-9.2.
12 "Person responsible for the child's welfare". See Section
13 11-9.1A.
14 "Person with a disability". See Section 11-9.5.
15 "Playground". See Section 11-9.3.
16 "Probation officer". See Section 11-9.2.
17 "Produce". See Section 11-20.1.
18 "Profit from prostitution" means, when acting other than
19 as a person engaged in the sex trade, to receive anything of
20 value for personally rendered prostitution services or to
21 receive anything of value from a person engaged in the sex
22 trade, if the thing received is not for lawful consideration
23 and the person knows it was earned in whole or in part from the
24 practice of prostitution.
25 "Public park". See Section 11-9.3.
26 "Public place". See Section 11-30.
HB3595 Enrolled - 1018 - LRB104 08153 BAB 18201 b
1 "Reproduce". See Section 11-20.1.
2 "Sado-masochistic abuse". See Section 11-21.
3 "School". See Section 11-9.3.
4 "School official". See Section 11-9.3.
5 "Sexual abuse". See Section 11-9.1A.
6 "Sexual act". See Section 11-9.1.
7 "Sexual conduct" means any knowing touching or fondling by
8 the victim or the accused, either directly or through
9 clothing, of the sex organs, anus, or breast of the victim or
10 the accused, or any part of the body of a child under 13 years
11 of age, or any transfer or transmission of semen by the accused
12 upon any part of the clothed or unclothed body of the victim,
13 for the purpose of sexual gratification or arousal of the
14 victim or the accused.
15 "Sexual excitement". See Section 11-21.
16 "Sexual penetration" means any contact, however slight,
17 between the sex organ or anus of one person and an object or
18 the sex organ, mouth, or anus of another person, or any
19 intrusion, however slight, of any part of the body of one
20 person or of any animal or object into the sex organ or anus of
21 another person, including, but not limited to, cunnilingus,
22 fellatio, or anal penetration. Evidence of emission of semen
23 is not required to prove sexual penetration.
24 "Solicit". See Section 11-6.
25 "State-operated facility". See Section 11-9.5.
26 "Supervising officer". See Section 11-9.2.
HB3595 Enrolled - 1019 - LRB104 08153 BAB 18201 b
1 "Surveillance agent". See Section 11-9.2.
2 "Treatment and detention facility". See Section 11-9.2.
3 "Unable to give knowing consent" includes, but is not
4 limited to, when the victim was asleep, unconscious, or
5 unaware of the nature of the act such that the victim could not
6 give voluntary and knowing agreement to the sexual act.
7 "Unable to give knowing consent" also includes when the
8 accused administers any intoxicating or anesthetic substance,
9 or any controlled substance causing the victim to become
10 unconscious of the nature of the act and this condition was
11 known, or reasonably should have been known by the accused.
12 "Unable to give knowing consent" also includes when the victim
13 has taken an intoxicating substance or any controlled
14 substance causing the victim to become unconscious of the
15 nature of the act, and this condition was known or reasonably
16 should have been known by the accused, but the accused did not
17 provide or administer the intoxicating substance. As used in
18 this paragraph, "unconscious of the nature of the act" means
19 incapable of resisting because the victim meets any one of the
20 following conditions:
21 (1) was unconscious or asleep;
22 (2) was not aware, knowing, perceiving, or cognizant
23 that the act occurred;
24 (3) was not aware, knowing, perceiving, or cognizant
25 of the essential characteristics of the act due to the
26 perpetrator's fraud in fact; or
HB3595 Enrolled - 1020 - LRB104 08153 BAB 18201 b
1 (4) was not aware, knowing, perceiving, or cognizant
2 of the essential characteristics of the act due to the
3 perpetrator's fraudulent representation that the sexual
4 penetration served a professional purpose when it served
5 no professional purpose.
6 It is inferred that a victim is unable to give knowing
7 consent when the victim:
8 (1) is committed to the care and custody or
9 supervision of the Illinois Department of Corrections
10 (IDOC) and the accused is an employee or volunteer who is
11 not married to the victim who knows or reasonably should
12 know that the victim is committed to the care and custody
13 or supervision of such department;
14 (2) is committed to or placed with the Department of
15 Children and Family Services (DCFS) and in residential
16 care, and the accused employee is not married to the
17 victim, and knows or reasonably should know that the
18 victim is committed to or placed with DCFS and in
19 residential care;
20 (3) is a client or patient and the accused is a health
21 care provider or mental health care provider and the
22 sexual conduct or sexual penetration occurs during a
23 treatment session, consultation, interview, or
24 examination;
25 (4) is a resident or inpatient of a residential
26 facility and the accused is an employee of the facility
HB3595 Enrolled - 1021 - LRB104 08153 BAB 18201 b
1 who is not married to such resident or inpatient who
2 provides direct care services, case management services,
3 medical or other clinical services, habilitative services
4 or direct supervision of the residents in the facility in
5 which the resident resides; or an officer or other
6 employee, consultant, contractor or volunteer of the
7 residential facility, who knows or reasonably should know
8 that the person is a resident of such facility; or
9 (5) is detained or otherwise in the custody of a
10 police officer, peace officer, or other law enforcement
11 official who: (i) is detaining or maintaining custody of
12 such person; or (ii) knows, or reasonably should know,
13 that at the time of the offense, such person was detained
14 or in custody and the police officer, peace officer, or
15 other law enforcement official is not married to such
16 detainee.
17 "Victim" means a person alleging to have been subjected to
18 an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
19 11-1.50, or 11-1.60 of this Code.
20 (Source: P.A. 103-1071, eff. 7-1-25; 104-245, eff. 1-1-26;
21 revised 11-21-25.)
22 (720 ILCS 5/11-9.3)
23 Sec. 11-9.3. Presence within school zone by child sex
24 offenders prohibited; approaching, contacting, residing with,
25 or communicating with a child within certain places by child
HB3595 Enrolled - 1022 - LRB104 08153 BAB 18201 b
1 sex offenders prohibited.
2 (a) It is unlawful for a child sex offender to knowingly be
3 present in any school building, on real property comprising
4 any school, or in any conveyance owned, leased, or contracted
5 by a school to transport students to or from school or a
6 school-related school related activity when persons under the
7 age of 18 are present in the building, on the grounds or in the
8 conveyance, unless the offender is a parent or guardian of a
9 student attending the school and the parent or guardian is:
10 (i) attending a conference at the school with school personnel
11 to discuss the progress of his or her child academically or
12 socially, (ii) participating in child review conferences in
13 which evaluation and placement decisions may be made with
14 respect to his or her child regarding special education
15 services, or (iii) attending conferences to discuss other
16 student issues concerning his or her child such as retention
17 and promotion and notifies the principal of the school of his
18 or her presence at the school or unless the offender has
19 permission to be present from the superintendent or the school
20 board or in the case of a private school from the principal. In
21 the case of a public school, if permission is granted, the
22 superintendent or school board president must inform the
23 principal of the school where the sex offender will be
24 present. Notification includes the nature of the sex
25 offender's visit and the hours in which the sex offender will
26 be present in the school. The sex offender is responsible for
HB3595 Enrolled - 1023 - LRB104 08153 BAB 18201 b
1 notifying the principal's office when he or she arrives on
2 school property and when he or she departs from school
3 property. If the sex offender is to be present in the vicinity
4 of children, the sex offender has the duty to remain under the
5 direct supervision of a school official.
6 (a-5) It is unlawful for a child sex offender to knowingly
7 be present within 100 feet of a site posted as a pick-up or
8 discharge stop for a conveyance owned, leased, or contracted
9 by a school to transport students to or from school or a
10 school-related school related activity when one or more
11 persons under the age of 18 are present at the site.
12 (a-10) It is unlawful for a child sex offender to
13 knowingly be present in any public park building, a playground
14 or recreation area within any publicly accessible privately
15 owned building, or on real property comprising any public park
16 when persons under the age of 18 are present in the building or
17 on the grounds and to approach, contact, or communicate with a
18 child under 18 years of age, unless the offender is a parent or
19 guardian of a person under 18 years of age present in the
20 building or on the grounds.
21 (b) It is unlawful for a child sex offender to knowingly
22 loiter within 500 feet of a school building or real property
23 comprising any school while persons under the age of 18 are
24 present in the building or on the grounds, unless the offender
25 is a parent or guardian of a student attending the school and
26 the parent or guardian is: (i) attending a conference at the
HB3595 Enrolled - 1024 - LRB104 08153 BAB 18201 b
1 school with school personnel to discuss the progress of his or
2 her child academically or socially, (ii) participating in
3 child review conferences in which evaluation and placement
4 decisions may be made with respect to his or her child
5 regarding special education services, or (iii) attending
6 conferences to discuss other student issues concerning his or
7 her child such as retention and promotion and notifies the
8 principal of the school of his or her presence at the school or
9 has permission to be present from the superintendent or the
10 school board or in the case of a private school from the
11 principal. In the case of a public school, if permission is
12 granted, the superintendent or school board president must
13 inform the principal of the school where the sex offender will
14 be present. Notification includes the nature of the sex
15 offender's visit and the hours in which the sex offender will
16 be present in the school. The sex offender is responsible for
17 notifying the principal's office when he or she arrives on
18 school property and when he or she departs from school
19 property. If the sex offender is to be present in the vicinity
20 of children, the sex offender has the duty to remain under the
21 direct supervision of a school official.
22 (b-2) It is unlawful for a child sex offender to knowingly
23 loiter on a public way within 500 feet of a public park
24 building or real property comprising any public park while
25 persons under the age of 18 are present in the building or on
26 the grounds and to approach, contact, or communicate with a
HB3595 Enrolled - 1025 - LRB104 08153 BAB 18201 b
1 child under 18 years of age, unless the offender is a parent or
2 guardian of a person under 18 years of age present in the
3 building or on the grounds.
4 (b-5) It is unlawful for a child sex offender to knowingly
5 reside within 500 feet of a school building or the real
6 property comprising any school that persons under the age of
7 18 attend. Nothing in this subsection (b-5) prohibits a child
8 sex offender from residing within 500 feet of a school
9 building or the real property comprising any school that
10 persons under 18 attend if the property is owned by the child
11 sex offender and was purchased before July 7, 2000 (the
12 effective date of Public Act 91-911).
13 (b-10) It is unlawful for a child sex offender to
14 knowingly reside within 500 feet of a playground, early care
15 and education child care institution, early care and education
16 day care center, part day program child care facility, early
17 care and education day care home, group early care and
18 education day care home, or a provider facility providing
19 programs or services exclusively directed toward persons under
20 18 years of age. Nothing in this subsection (b-10) prohibits a
21 child sex offender from residing within 500 feet of a
22 playground or a provider facility providing programs or
23 services exclusively directed toward persons under 18 years of
24 age if the property is owned by the child sex offender and was
25 purchased before July 7, 2000. Nothing in this subsection
26 (b-10) prohibits a child sex offender from residing within 500
HB3595 Enrolled - 1026 - LRB104 08153 BAB 18201 b
1 feet of an early care and education a child care institution,
2 early care and education day care center, or part day program
3 child care facility if the property is owned by the child sex
4 offender and was purchased before June 26, 2006. Nothing in
5 this subsection (b-10) prohibits a child sex offender from
6 residing within 500 feet of an early care and education a day
7 care home or group early care and education day care home if
8 the property is owned by the child sex offender and was
9 purchased before August 14, 2008 (the effective date of Public
10 Act 95-821).
11 (b-15) It is unlawful for a child sex offender to
12 knowingly reside within 500 feet of the victim of the sex
13 offense. Nothing in this subsection (b-15) prohibits a child
14 sex offender from residing within 500 feet of the victim if the
15 property in which the child sex offender resides is owned by
16 the child sex offender and was purchased before August 22,
17 2002.
18 This subsection (b-15) does not apply if the victim of the
19 sex offense is 21 years of age or older.
20 (b-20) It is unlawful for a child sex offender to
21 knowingly communicate, other than for a lawful purpose under
22 Illinois law, using the Internet or any other digital media,
23 with a person under 18 years of age or with a person whom he or
24 she believes to be a person under 18 years of age, unless the
25 offender is a parent or guardian of the person under 18 years
26 of age.
HB3595 Enrolled - 1027 - LRB104 08153 BAB 18201 b
1 (c) It is unlawful for a child sex offender to knowingly
2 operate, manage, be employed by, volunteer at, be associated
3 with, or knowingly be present at any: (i) provider facility
4 providing programs or services exclusively directed toward
5 persons under the age of 18; (ii) early care and education day
6 care center; (iii) part day program child care facility; (iv)
7 early care and education child care institution; (v) school
8 providing before and after school programs for children under
9 18 years of age; (vi) early care and education day care home;
10 or (vii) group early care and education day care home. This
11 does not prohibit a child sex offender from owning the real
12 property upon which the programs or services are offered or
13 upon which the early care and education day care center, part
14 day program child care facility, early care and education
15 child care institution, or school providing before and after
16 school programs for children under 18 years of age is located,
17 provided the child sex offender refrains from being present on
18 the premises for the hours during which: (1) the programs or
19 services are being offered or (2) the early care and education
20 day care center, part day program child care facility, child
21 care institution, or school providing before and after school
22 programs for children under 18 years of age, early care and
23 education day care home, or group early care and education day
24 care home is operated.
25 (c-2) It is unlawful for a child sex offender to
26 participate in a holiday event involving children under 18
HB3595 Enrolled - 1028 - LRB104 08153 BAB 18201 b
1 years of age, including, but not limited to, distributing
2 candy or other items to children on Halloween, wearing a Santa
3 Claus costume on or preceding Christmas, being employed as a
4 department store Santa Claus, or wearing an Easter Bunny
5 costume on or preceding Easter. For the purposes of this
6 subsection, child sex offender has the meaning as defined in
7 this Section, but does not include as a sex offense under
8 paragraph (2) of subsection (d) of this Section, the offense
9 under subsection (c) of Section 11-1.50 of this Code. This
10 subsection does not apply to a child sex offender who is a
11 parent or guardian of children under 18 years of age that are
12 present in the home and other non-familial minors are not
13 present.
14 (c-5) It is unlawful for a child sex offender to knowingly
15 operate, manage, be employed by, or be associated with any
16 carnival, amusement enterprise, or county or State fair when
17 persons under the age of 18 are present.
18 (c-6) It is unlawful for a child sex offender who owns and
19 resides at residential real estate to knowingly rent any
20 residential unit within the same building in which he or she
21 resides to a person who is the parent or guardian of a child or
22 children under 18 years of age. This subsection shall apply
23 only to leases or other rental arrangements entered into after
24 January 1, 2009 (the effective date of Public Act 95-820).
25 (c-7) It is unlawful for a child sex offender to knowingly
26 offer or provide any programs or services to persons under 18
HB3595 Enrolled - 1029 - LRB104 08153 BAB 18201 b
1 years of age in his or her residence or the residence of
2 another or in any facility for the purpose of offering or
3 providing such programs or services, whether such programs or
4 services are offered or provided by contract, agreement,
5 arrangement, or on a volunteer basis.
6 (c-8) It is unlawful for a child sex offender to knowingly
7 operate, whether authorized to do so or not, any of the
8 following vehicles: (1) a vehicle which is specifically
9 designed, constructed or modified and equipped to be used for
10 the retail sale of food or beverages, including, but not
11 limited to, an ice cream truck; (2) an authorized emergency
12 vehicle; or (3) a rescue vehicle.
13 (d) Definitions. In this Section:
14 (1) "Child sex offender" means any person who:
15 (i) has been charged under Illinois law, or any
16 substantially similar federal law or law of another
17 state, with a sex offense set forth in paragraph (2) of
18 this subsection (d) or the attempt to commit an
19 included sex offense, and the victim is a person under
20 18 years of age at the time of the offense; and:
21 (A) is convicted of such offense or an attempt
22 to commit such offense; or
23 (B) is found not guilty by reason of insanity
24 of such offense or an attempt to commit such
25 offense; or
26 (C) is found not guilty by reason of insanity
HB3595 Enrolled - 1030 - LRB104 08153 BAB 18201 b
1 pursuant to subsection (c) of Section 104-25 of
2 the Code of Criminal Procedure of 1963 of such
3 offense or an attempt to commit such offense; or
4 (D) is the subject of a finding not resulting
5 in an acquittal at a hearing conducted pursuant to
6 subsection (a) of Section 104-25 of the Code of
7 Criminal Procedure of 1963 for the alleged
8 commission or attempted commission of such
9 offense; or
10 (E) is found not guilty by reason of insanity
11 following a hearing conducted pursuant to a
12 federal law or the law of another state
13 substantially similar to subsection (c) of Section
14 104-25 of the Code of Criminal Procedure of 1963
15 of such offense or of the attempted commission of
16 such offense; or
17 (F) is the subject of a finding not resulting
18 in an acquittal at a hearing conducted pursuant to
19 a federal law or the law of another state
20 substantially similar to subsection (a) of Section
21 104-25 of the Code of Criminal Procedure of 1963
22 for the alleged violation or attempted commission
23 of such offense; or
24 (ii) is certified as a sexually dangerous person
25 pursuant to the Illinois Sexually Dangerous Persons
26 Act, or any substantially similar federal law or the
HB3595 Enrolled - 1031 - LRB104 08153 BAB 18201 b
1 law of another state, when any conduct giving rise to
2 such certification is committed or attempted against a
3 person less than 18 years of age; or
4 (iii) is subject to the provisions of Section 2 of
5 the Interstate Agreements on Sexually Dangerous
6 Persons Act.
7 Convictions that result from or are connected with the
8 same act, or result from offenses committed at the same
9 time, shall be counted for the purpose of this Section as
10 one conviction. Any conviction set aside pursuant to law
11 is not a conviction for purposes of this Section.
12 (2) Except as otherwise provided in paragraph (2.5),
13 "sex offense" means:
14 (i) A violation of any of the following Sections
15 of the Criminal Code of 1961 or the Criminal Code of
16 2012:
17 10-4 (forcible detention),
18 10-7 (aiding or abetting child abduction under
19 Section 10-5(b)(10)),
20 10-5(b)(10) (child luring),
21 11-1.40 (predatory criminal sexual assault of
22 a child),
23 11-6 (indecent solicitation of a child),
24 11-6.5 (indecent solicitation of an adult),
25 11-9.1 (sexual exploitation of a child),
26 11-9.2 (custodial sexual misconduct),
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1 11-9.5 (sexual misconduct with a person with a
2 disability),
3 11-11 (sexual relations within families),
4 11-14.3(a)(1) (promoting prostitution by
5 advancing prostitution),
6 11-14.3(a)(2)(A) (promoting prostitution by
7 profiting from prostitution by compelling a person
8 to be a person engaged in the sex trade),
9 11-14.3(a)(2)(C) (promoting prostitution by
10 profiting from prostitution by means other than as
11 described in subparagraphs (A) and (B) of
12 paragraph (2) of subsection (a) of Section
13 11-14.3),
14 11-14.4 (promoting commercial sexual
15 exploitation of a child),
16 11-18.1 (patronizing a sexually exploited
17 child),
18 11-20.1 (child sexual abuse material or child
19 pornography),
20 11-20.1B (aggravated child pornography),
21 11-21 (harmful material),
22 11-25 (grooming),
23 11-26 (traveling to meet a minor or traveling
24 to meet a child),
25 12-33 (ritualized abuse of a child),
26 11-20 (obscenity) (when that offense was
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1 committed in any school, on real property
2 comprising any school, in any conveyance owned,
3 leased, or contracted by a school to transport
4 students to or from school or a school-related
5 school related activity, or in a public park),
6 11-30 (public indecency) (when committed in a
7 school, on real property comprising a school, in
8 any conveyance owned, leased, or contracted by a
9 school to transport students to or from school or
10 a school-related school related activity, or in a
11 public park).
12 An attempt to commit any of these offenses.
13 (ii) 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
16 age:
17 11-1.20 (criminal sexual assault),
18 11-1.30 (aggravated criminal sexual assault),
19 11-1.50 (criminal sexual abuse),
20 11-1.60 (aggravated criminal sexual abuse).
21 An attempt to commit any of these offenses.
22 (iii) A violation of any of the following Sections
23 of the Criminal Code of 1961 or the Criminal Code of
24 2012, when the victim is a person under 18 years of age
25 and the defendant is not a parent of the victim:
26 10-1 (kidnapping),
HB3595 Enrolled - 1034 - LRB104 08153 BAB 18201 b
1 10-2 (aggravated kidnapping),
2 10-3 (unlawful restraint),
3 10-3.1 (aggravated unlawful restraint),
4 11-9.1(A) (permitting sexual abuse of a
5 child).
6 An attempt to commit any of these offenses.
7 (iv) A violation of any former law of this State
8 substantially equivalent to any offense listed in
9 clause (2)(i) or (2)(ii) of subsection (d) of this
10 Section.
11 (2.5) For the purposes of subsections (b-5) and (b-10)
12 only, a sex offense means:
13 (i) A violation of any of the following Sections
14 of the Criminal Code of 1961 or the Criminal Code of
15 2012:
16 10-5(b)(10) (child luring),
17 10-7 (aiding or abetting child abduction under
18 Section 10-5(b)(10)),
19 11-1.40 (predatory criminal sexual assault of
20 a child),
21 11-6 (indecent solicitation of a child),
22 11-6.5 (indecent solicitation of an adult),
23 11-9.2 (custodial sexual misconduct),
24 11-9.5 (sexual misconduct with a person with a
25 disability),
26 11-11 (sexual relations within families),
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1 11-14.3(a)(1) (promoting prostitution by
2 advancing prostitution),
3 11-14.3(a)(2)(A) (promoting prostitution by
4 profiting from prostitution by compelling a person
5 to be a person engaged in the sex trade),
6 11-14.3(a)(2)(C) (promoting prostitution by
7 profiting from prostitution by means other than as
8 described in subparagraphs (A) and (B) of
9 paragraph (2) of subsection (a) of Section
10 11-14.3),
11 11-14.4 (promoting commercial sexual
12 exploitation of a child),
13 11-18.1 (patronizing a sexually exploited
14 child),
15 11-20.1 (child sexual abuse material or child
16 pornography),
17 11-20.1B (aggravated child pornography),
18 11-25 (grooming),
19 11-26 (traveling to meet a minor or traveling
20 to meet a child), or
21 12-33 (ritualized abuse of a child).
22 An attempt to commit any of these offenses.
23 (ii) A violation of any of the following Sections
24 of the Criminal Code of 1961 or the Criminal Code of
25 2012, when the victim is a person under 18 years of
26 age:
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1 11-1.20 (criminal sexual assault),
2 11-1.30 (aggravated criminal sexual assault),
3 11-1.60 (aggravated criminal sexual abuse),
4 and
5 subsection (a) of Section 11-1.50 (criminal
6 sexual abuse).
7 An attempt to commit any of these offenses.
8 (iii) A violation of any of the following Sections
9 of the Criminal Code of 1961 or the Criminal Code of
10 2012, when the victim is a person under 18 years of age
11 and the defendant is not a parent of the victim:
12 10-1 (kidnapping),
13 10-2 (aggravated kidnapping),
14 10-3 (unlawful restraint),
15 10-3.1 (aggravated unlawful restraint),
16 11-9.1(A) (permitting sexual abuse of a
17 child).
18 An attempt to commit any of these offenses.
19 (iv) A violation of any former law of this State
20 substantially equivalent to any offense listed in this
21 paragraph (2.5) of this subsection.
22 (3) A conviction for an offense of federal law or the
23 law of another state that is substantially equivalent to
24 any offense listed in paragraph (2) of subsection (d) of
25 this Section shall constitute a conviction for the purpose
26 of this Section. A finding or adjudication as a sexually
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1 dangerous person under any federal law or law of another
2 state that is substantially equivalent to the Sexually
3 Dangerous Persons Act shall constitute an adjudication for
4 the purposes of this Section.
5 (4) "Authorized emergency vehicle", "rescue vehicle",
6 and "vehicle" have the meanings ascribed to them in
7 Sections 1-105, 1-171.8 and 1-217, respectively, of the
8 Illinois Vehicle Code.
9 (5) "Child care institution" has the meaning ascribed
10 to it in Section 2.06 of the Child Care Act of 1969.
11 (6) "Early care and education Day care center" has the
12 meaning ascribed to it in Section 2.09 of the Child Care
13 Act of 1969.
14 (7) "Early care and education Day care home" has the
15 meaning ascribed to it in Section 2.18 of the Child Care
16 Act of 1969.
17 (8) "Facility providing programs or services directed
18 towards persons under the age of 18" means any facility
19 providing programs or services exclusively directed
20 towards persons under the age of 18.
21 (9) "Group early care and education day care home" has
22 the meaning ascribed to it in Section 2.20 of the Child
23 Care Act of 1969.
24 (10) "Internet" has the meaning set forth in Section
25 16-0.1 of this Code.
26 (11) "Loiter" means:
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1 (i) Standing, sitting idly, whether or not the
2 person is in a vehicle, or remaining in or around
3 school or public park property.
4 (ii) Standing, sitting idly, whether or not the
5 person is in a vehicle, or remaining in or around
6 school or public park property, for the purpose of
7 committing or attempting to commit a sex offense.
8 (iii) Entering or remaining in a building in or
9 around school property, other than the offender's
10 residence.
11 (12) "Part day program child care facility" means part
12 day programs for children ages 3 until they turn 5 or begin
13 kindergarten, whichever is later, where the child is
14 present for a maximum of 3 hours per day and the parent or
15 guardian is not on site has the meaning ascribed to it in
16 Section 2.10 of the Child Care Act of 1969.
17 (13) "Playground" means a piece of land owned or
18 controlled by a unit of local government that is
19 designated by the unit of local government for use solely
20 or primarily for children's recreation.
21 (14) "Public park" includes a park, forest preserve,
22 bikeway, trail, or conservation area under the
23 jurisdiction of the State or a unit of local government.
24 (15) "School" means a public or private preschool or
25 elementary or secondary school.
26 (16) "School official" means the principal, a teacher,
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1 or any other certified employee of the school, the
2 superintendent of schools or a member of the school board.
3 (e) For the purposes of this Section, the 500 feet
4 distance shall be measured from: (1) the edge of the property
5 of the school building or the real property comprising the
6 school that is closest to the edge of the property of the child
7 sex offender's residence or where he or she is loitering, and
8 (2) the edge of the property comprising the public park
9 building or the real property comprising the public park,
10 playground, child care institution, early care and education
11 day care center, part day program child care facility, or
12 facility providing programs or services exclusively directed
13 toward persons under 18 years of age, or a victim of the sex
14 offense who is under 21 years of age, to the edge of the child
15 sex offender's place of residence or place where he or she is
16 loitering.
17 (f) Sentence. A person who violates this Section is guilty
18 of a Class 4 felony.
19 (Source: P.A. 103-1071, eff. 7-1-25; 104-245, eff. 1-1-26;
20 revised 11-21-25.)
21 (720 ILCS 5/11-24)
22 Sec. 11-24. Child photography by sex offender.
23 (a) In this Section:
24 "Child" means a person under 18 years of age.
25 "Child sex offender" has the meaning ascribed to it in
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1 Section 11-0.1 of this Code.
2 (b) It is unlawful for a child sex offender to knowingly:
3 (1) conduct or operate any type of business in which
4 he or she photographs, videotapes, or takes a digital
5 image of a child; or
6 (2) conduct or operate any type of business in which
7 he or she instructs or directs another person to
8 photograph, videotape, or take a digital image of a child;
9 or
10 (3) photograph, videotape, or take a digital image of
11 a child, or instruct or direct another person to
12 photograph, videotape, or take a digital image of a child
13 without the consent of the parent or guardian.
14 (c) Sentence. A violation of this Section is a Class 2
15 felony. A person who violates this Section at a playground,
16 park facility, school, forest preserve, early care and
17 education provider's location day care facility, or at a
18 facility providing programs or services directed to persons
19 under 17 years of age is guilty of a Class 1 felony.
20 (Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.)
21 (720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
22 Sec. 18-1. Robbery; aggravated robbery.
23 (a) Robbery. A person commits robbery when he or she
24 knowingly takes property, except a motor vehicle covered by
25 Section 18-3 or 18-4, from the person or presence of another by
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1 the use of force or by threatening the imminent use of force.
2 (b) Aggravated robbery.
3 (1) A person commits aggravated robbery when he or she
4 violates subsection (a) while indicating verbally or by
5 his or her actions to the victim that he or she is
6 presently armed with a firearm or other dangerous weapon,
7 including a knife, club, ax, or bludgeon. This offense
8 shall be applicable even though it is later determined
9 that he or she had no firearm or other dangerous weapon,
10 including a knife, club, ax, or bludgeon, in his or her
11 possession when he or she committed the robbery.
12 (2) A person commits aggravated robbery when he or she
13 knowingly takes property from the person or presence of
14 another by delivering (by injection, inhalation,
15 ingestion, transfer of possession, or any other means) to
16 the victim without his or her consent, or by threat or
17 deception, and for other than medical purposes, any
18 controlled substance.
19 (c) Sentence.
20 Robbery is a Class 2 felony, unless the victim is 60 years
21 of age or over or is a person with a physical disability, or
22 the robbery is committed in a school, early care and education
23 day care center, early care and education day care home, group
24 early care and education day care home, or part day program
25 child care facility, or place of worship, in which case
26 robbery is a Class 1 felony. Aggravated robbery is a Class 1
HB3595 Enrolled - 1042 - LRB104 08153 BAB 18201 b
1 felony.
2 (d) Regarding penalties prescribed in subsection (c) for
3 violations committed in an early care and education a day care
4 center, early care and education day care home, group early
5 care and education day care home, or part day program child
6 care facility, the time of day, time of year, and whether
7 children under 18 years of age were present in the early care
8 and education day care center, early care and education day
9 care home, group early care and education day care home, or
10 part day program child care facility are irrelevant.
11 (Source: P.A. 99-143, eff. 7-27-15.)
12 (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
13 Sec. 19-1. Burglary.
14 (a) A person commits burglary when without authority he or
15 she knowingly enters or without authority remains within a
16 building, housetrailer, watercraft, aircraft, motor vehicle,
17 railroad car, freight container, or any part thereof, with
18 intent to commit therein a felony or theft. This offense shall
19 not include the offenses set out in Section 4-102 of the
20 Illinois Vehicle Code.
21 (b) Sentence.
22 Burglary committed in, and without causing damage to, a
23 watercraft, aircraft, motor vehicle, railroad car, freight
24 container, or any part thereof is a Class 3 felony. Burglary
25 committed in a building, housetrailer, or any part thereof or
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1 while causing damage to a watercraft, aircraft, motor vehicle,
2 railroad car, freight container, or any part thereof is a
3 Class 2 felony. A burglary committed in a school, early care
4 and education day care center, early care and education day
5 care home, group early care and education day care home, or
6 part day program child care facility, or place of worship is a
7 Class 1 felony, except that this provision does not apply to an
8 early care and education a day care center, early care and
9 education day care home, group early care and education day
10 care home, or part day program child care facility operated in
11 a private residence used as a dwelling.
12 (c) Regarding penalties prescribed in subsection (b) for
13 violations committed in an early care and education a day care
14 center, early care and education day care home, group early
15 care and education day care home, or part day program child
16 care facility, the time of day, time of year, and whether
17 children under 18 years of age were present in the early care
18 and education day care center, early care and education day
19 care home, group early care and education day care home, or
20 part day program child care facility are irrelevant.
21 (Source: P.A. 102-546, eff. 1-1-22.)
22 (720 ILCS 5/48-1) (was 720 ILCS 5/26-5)
23 Sec. 48-1. Dog fighting. (For other provisions that may
24 apply to dog fighting, see the Humane Care for Animals Act. For
25 provisions similar to this Section that apply to animals other
HB3595 Enrolled - 1044 - LRB104 08153 BAB 18201 b
1 than dogs, see in particular Section 4.01 of the Humane Care
2 for Animals Act.)
3 (a) No person may own, capture, breed, train, or lease any
4 dog which he or she knows is intended for use in any show,
5 exhibition, program, or other activity featuring or otherwise
6 involving a fight between the dog and any other animal or
7 human, or the intentional killing of any dog for the purpose of
8 sport, wagering, or entertainment.
9 (b) No person may promote, conduct, carry on, advertise,
10 collect money for or in any other manner assist or aid in the
11 presentation for purposes of sport, wagering, or entertainment
12 of any show, exhibition, program, or other activity involving
13 a fight between 2 or more dogs or any dog and human, or the
14 intentional killing of any dog.
15 (c) No person may sell or offer for sale, ship, transport,
16 or otherwise move, or deliver or receive any dog which he or
17 she knows has been captured, bred, or trained, or will be used,
18 to fight another dog or human or be intentionally killed for
19 purposes of sport, wagering, or entertainment.
20 (c-5) No person may solicit a minor to violate this
21 Section.
22 (d) No person may manufacture for sale, shipment,
23 transportation, or delivery any device or equipment which he
24 or she knows or should know is intended for use in any show,
25 exhibition, program, or other activity featuring or otherwise
26 involving a fight between 2 or more dogs, or any human and dog,
HB3595 Enrolled - 1045 - LRB104 08153 BAB 18201 b
1 or the intentional killing of any dog for purposes of sport,
2 wagering, or entertainment.
3 (e) No person may own, possess, sell or offer for sale,
4 ship, transport, or otherwise move any equipment or device
5 which he or she knows or should know is intended for use in
6 connection with any show, exhibition, program, or activity
7 featuring or otherwise involving a fight between 2 or more
8 dogs, or any dog and human, or the intentional killing of any
9 dog for purposes of sport, wagering or entertainment.
10 (f) No person may knowingly make available any site,
11 structure, or facility, whether enclosed or not, that he or
12 she knows is intended to be used for the purpose of conducting
13 any show, exhibition, program, or other activity involving a
14 fight between 2 or more dogs, or any dog and human, or the
15 intentional killing of any dog or knowingly manufacture,
16 distribute, or deliver fittings to be used in a fight between 2
17 or more dogs or a dog and human.
18 (g) No person may knowingly attend or otherwise patronize
19 any show, exhibition, program, or other activity featuring or
20 otherwise involving a fight between 2 or more dogs, or any dog
21 and human, or the intentional killing of any dog for purposes
22 of sport, wagering, or entertainment.
23 (h) No person may tie or attach or fasten any live animal
24 to any machine or device propelled by any power for the purpose
25 of causing the animal to be pursued by a dog or dogs. This
26 subsection (h) applies only when the dog is intended to be used
HB3595 Enrolled - 1046 - LRB104 08153 BAB 18201 b
1 in a dog fight.
2 (i) Sentence.
3 (1) Any person convicted of violating subsection (a),
4 (b), (c), or (h) of this Section is guilty of a Class 4
5 felony for a first violation and a Class 3 felony for a
6 second or subsequent violation, and may be fined an amount
7 not to exceed $50,000.
8 (1.5) A person who knowingly owns a dog for fighting
9 purposes or for producing a fight between 2 or more dogs or
10 a dog and human or who knowingly offers for sale or sells a
11 dog bred for fighting is guilty of a Class 3 felony and may
12 be fined an amount not to exceed $50,000, if the dog
13 participates in a dogfight and any of the following
14 factors is present:
15 (i) the dogfight is performed in the presence of a
16 person under 18 years of age;
17 (ii) the dogfight is performed for the purpose of
18 or in the presence of illegal wagering activity; or
19 (iii) the dogfight is performed in furtherance of
20 streetgang related activity as defined in Section 10
21 of the Illinois Streetgang Terrorism Omnibus
22 Prevention Act.
23 (1.7) A person convicted of violating subsection (c-5)
24 of this Section is guilty of a Class 4 felony.
25 (2) Any person convicted of violating subsection (d)
26 or (e) of this Section is guilty of a Class 4 felony for a
HB3595 Enrolled - 1047 - LRB104 08153 BAB 18201 b
1 first violation. A second or subsequent violation of
2 subsection (d) or (e) of this Section is a Class 3 felony.
3 (2.5) Any person convicted of violating subsection (f)
4 of this Section is guilty of a Class 4 felony. Any person
5 convicted of violating subsection (f) of this Section in
6 which the site, structure, or facility made available to
7 violate subsection (f) is located within 1,000 feet of a
8 school, public park, playground, early care and education
9 child care institution, early care and education day care
10 center, part day program child care facility, early care
11 and education day care home, group early care and
12 education day care home, or a facility providing programs
13 or services exclusively directed toward persons under 18
14 years of age is guilty of a Class 3 felony for a first
15 violation and a Class 2 felony for a second or subsequent
16 violation.
17 (3) Any person convicted of violating subsection (g)
18 of this Section is guilty of a Class 4 felony for a first
19 violation. A second or subsequent violation of subsection
20 (g) of this Section is a Class 3 felony. If a person under
21 13 years of age is present at any show, exhibition,
22 program, or other activity prohibited in subsection (g),
23 the parent, legal guardian, or other person who is 18
24 years of age or older who brings that person under 13 years
25 of age to that show, exhibition, program, or other
26 activity is guilty of a Class 3 felony for a first
HB3595 Enrolled - 1048 - LRB104 08153 BAB 18201 b
1 violation and a Class 2 felony for a second or subsequent
2 violation.
3 (i-5) A person who commits a felony violation of this
4 Section is subject to the property forfeiture provisions set
5 forth in Article 124B of the Code of Criminal Procedure of
6 1963.
7 (j) Any dog or equipment involved in a violation of this
8 Section shall be immediately seized and impounded under
9 Section 12 of the Humane Care for Animals Act when located at
10 any show, exhibition, program, or other activity featuring or
11 otherwise involving a dog fight for the purposes of sport,
12 wagering, or entertainment.
13 (k) Any vehicle or conveyance other than a common carrier
14 that is used in violation of this Section shall be seized,
15 held, and offered for sale at public auction by the sheriff's
16 department of the proper jurisdiction, and the proceeds from
17 the sale shall be remitted to the general fund of the county
18 where the violation took place.
19 (l) Any veterinarian in this State who is presented with a
20 dog for treatment of injuries or wounds resulting from
21 fighting where there is a reasonable possibility that the dog
22 was engaged in or utilized for a fighting event for the
23 purposes of sport, wagering, or entertainment shall file a
24 report with the Department of Agriculture and cooperate by
25 furnishing the owners' names, dates, and descriptions of the
26 dog or dogs involved. Any veterinarian who in good faith
HB3595 Enrolled - 1049 - LRB104 08153 BAB 18201 b
1 complies with the requirements of this subsection has immunity
2 from any liability, civil, criminal, or otherwise, that may
3 result from his or her actions. For the purposes of any
4 proceedings, civil or criminal, the good faith of the
5 veterinarian shall be rebuttably presumed.
6 (m) In addition to any other penalty provided by law, upon
7 conviction for violating this Section, the court may order
8 that the convicted person and persons dwelling in the same
9 household as the convicted person who conspired, aided, or
10 abetted in the unlawful act that was the basis of the
11 conviction, or who knew or should have known of the unlawful
12 act, may not own, harbor, or have custody or control of any dog
13 or other animal for a period of time that the court deems
14 reasonable.
15 (n) A violation of subsection (a) of this Section may be
16 inferred from evidence that the accused possessed any device
17 or equipment described in subsection (d), (e), or (h) of this
18 Section, and also possessed any dog.
19 (o) When no longer required for investigations or court
20 proceedings relating to the events described or depicted
21 therein, evidence relating to convictions for violations of
22 this Section shall be retained and made available for use in
23 training peace officers in detecting and identifying
24 violations of this Section. Such evidence shall be made
25 available upon request to other law enforcement agencies and
26 to schools certified under the Illinois Police Training Act.
HB3595 Enrolled - 1050 - LRB104 08153 BAB 18201 b
1 (p) For the purposes of this Section, "school" has the
2 meaning ascribed to it in Section 11-9.3 of this Code; and
3 "public park", "playground", "early care and education child
4 care institution", "early care and education day care center",
5 "part day program child care facility", "early care and
6 education day care home", "group early care and education day
7 care home", and "facility providing programs or services
8 exclusively directed toward persons under 18 years of age"
9 have the meanings ascribed to them in Section 11-9.4 of this
10 Code.
11 (Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10;
12 96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11; 97-1108, eff.
13 1-1-13.)
14 Section 295. The Code of Criminal Procedure of 1963 is
15 amended by changing Sections 112A-14.5, 112A-14.7, and 112A-22
16 as follows:
17 (725 ILCS 5/112A-14.5)
18 Sec. 112A-14.5. Civil no contact order; remedies.
19 (a) The court may order any of the remedies listed in this
20 Section. The remedies listed in this Section shall be in
21 addition to other civil or criminal remedies available to
22 petitioner:
23 (1) prohibit the respondent from knowingly coming
24 within, or knowingly remaining within, a specified
HB3595 Enrolled - 1051 - LRB104 08153 BAB 18201 b
1 distance from the petitioner;
2 (2) restrain the respondent from having any contact,
3 including nonphysical contact, with the petitioner
4 directly, indirectly, or through third parties, regardless
5 of whether those third parties know of the order;
6 (3) prohibit the respondent from knowingly coming
7 within, or knowingly remaining within, a specified
8 distance from the petitioner's residence, school, early
9 care and education, day care or other specified location;
10 (4) order the respondent to stay away from any
11 property or animal owned, possessed, leased, kept, or held
12 by the petitioner and forbid the respondent from taking,
13 transferring, encumbering, concealing, harming, or
14 otherwise disposing of the property or animal; and
15 (5) order any other injunctive relief as necessary or
16 appropriate for the protection of the petitioner.
17 (b) When the petitioner and the respondent attend the same
18 public or private elementary, middle, or high school, the
19 court when issuing a civil no contact order and providing
20 relief shall consider the severity of the act, any continuing
21 physical danger or emotional distress to the petitioner, the
22 educational rights guaranteed to the petitioner and respondent
23 under federal and State law, the availability of a transfer of
24 the respondent to another school, a change of placement or a
25 change of program of the respondent, the expense, difficulty,
26 and educational disruption that would be caused by a transfer
HB3595 Enrolled - 1052 - LRB104 08153 BAB 18201 b
1 of the respondent to another school, and any other relevant
2 facts of the case. The court may order that the respondent not
3 attend the public, private, or non-public elementary, middle,
4 or high school attended by the petitioner, order that the
5 respondent accept a change of placement or program, as
6 determined by the school district or private or non-public
7 school, or place restrictions on the respondent's movements
8 within the school attended by the petitioner. The respondent
9 bears the burden of proving by a preponderance of the evidence
10 that a transfer, change of placement, or change of program of
11 the respondent is not available. The respondent also bears the
12 burden of production with respect to the expense, difficulty,
13 and educational disruption that would be caused by a transfer
14 of the respondent to another school. A transfer, change of
15 placement, or change of program is not unavailable to the
16 respondent solely on the ground that the respondent does not
17 agree with the school district's or private or non-public
18 school's transfer, change of placement, or change of program
19 or solely on the ground that the respondent fails or refuses to
20 consent to or otherwise does not take an action required to
21 effectuate a transfer, change of placement, or change of
22 program. When a court orders a respondent to stay away from the
23 public, private, or non-public school attended by the
24 petitioner and the respondent requests a transfer to another
25 attendance center within the respondent's school district or
26 private or non-public school, the school district or private
HB3595 Enrolled - 1053 - LRB104 08153 BAB 18201 b
1 or non-public school shall have sole discretion to determine
2 the attendance center to which the respondent is transferred.
3 If the court order results in a transfer of the minor
4 respondent to another attendance center, a change in the
5 respondent's placement, or a change of the respondent's
6 program, the parents, guardian, or legal custodian of the
7 respondent is responsible for transportation and other costs
8 associated with the transfer or change.
9 (c) The court may order the parents, guardian, or legal
10 custodian of a minor respondent to take certain actions or to
11 refrain from taking certain actions to ensure that the
12 respondent complies with the order. If the court orders a
13 transfer of the respondent to another school, the parents or
14 legal guardians of the respondent are responsible for
15 transportation and other costs associated with the change of
16 school by the respondent.
17 (d) Denial of a remedy may not be based, in whole or in
18 part, on evidence that:
19 (1) the respondent has cause for any use of force,
20 unless that cause satisfies the standards for justifiable
21 use of force provided by Article 7 of the Criminal Code of
22 2012;
23 (2) the respondent was voluntarily intoxicated;
24 (3) the petitioner acted in self-defense or defense of
25 another, provided that, if the petitioner utilized force,
26 such force was justifiable under Article 7 of the Criminal
HB3595 Enrolled - 1054 - LRB104 08153 BAB 18201 b
1 Code of 2012;
2 (4) the petitioner did not act in self-defense or
3 defense of another;
4 (5) the petitioner left the residence or household to
5 avoid further non-consensual sexual conduct or
6 non-consensual sexual penetration by the respondent; or
7 (6) the petitioner did not leave the residence or
8 household to avoid further non-consensual sexual conduct
9 or non-consensual sexual penetration by the respondent.
10 (e) Monetary damages are not recoverable as a remedy.
11 (Source: P.A. 100-199, eff. 1-1-18.)
12 (725 ILCS 5/112A-14.7)
13 Sec. 112A-14.7. Stalking no contact order; remedies.
14 (a) The court may order any of the remedies listed in this
15 Section. The remedies listed in this Section shall be in
16 addition to other civil or criminal remedies available to
17 petitioner. A stalking no contact order shall order one or
18 more of the following:
19 (1) prohibit the respondent from threatening to commit
20 or committing stalking;
21 (2) order the respondent not to have any contact with
22 the petitioner or a third person specifically named by the
23 court;
24 (3) prohibit the respondent from knowingly coming
25 within, or knowingly remaining within a specified distance
HB3595 Enrolled - 1055 - LRB104 08153 BAB 18201 b
1 of the petitioner or the petitioner's residence, school,
2 early care and education daycare, or place of employment,
3 or any specified place frequented by the petitioner;
4 however, the court may order the respondent to stay away
5 from the respondent's own residence, school, or place of
6 employment only if the respondent has been provided actual
7 notice of the opportunity to appear and be heard on the
8 petition;
9 (4) prohibit the respondent from possessing a Firearm
10 Owners Identification Card, or possessing or buying
11 firearms; and
12 (5) order other injunctive relief the court determines
13 to be necessary to protect the petitioner or third party
14 specifically named by the court.
15 (b) When the petitioner and the respondent attend the same
16 public, private, or non-public elementary, middle, or high
17 school, the court when issuing a stalking no contact order and
18 providing relief shall consider the severity of the act, any
19 continuing physical danger or emotional distress to the
20 petitioner, the educational rights guaranteed to the
21 petitioner and respondent under federal and State law, the
22 availability of a transfer of the respondent to another
23 school, a change of placement or a change of program of the
24 respondent, the expense, difficulty, and educational
25 disruption that would be caused by a transfer of the
26 respondent to another school, and any other relevant facts of
HB3595 Enrolled - 1056 - LRB104 08153 BAB 18201 b
1 the case. The court may order that the respondent not attend
2 the public, private, or non-public elementary, middle, or high
3 school attended by the petitioner, order that the respondent
4 accept a change of placement or program, as determined by the
5 school district or private or non-public school, or place
6 restrictions on the respondent's movements within the school
7 attended by the petitioner. The respondent bears the burden of
8 proving by a preponderance of the evidence that a transfer,
9 change of placement, or change of program of the respondent is
10 not available. The respondent also bears the burden of
11 production with respect to the expense, difficulty, and
12 educational disruption that would be caused by a transfer of
13 the respondent to another school. A transfer, change of
14 placement, or change of program is not unavailable to the
15 respondent solely on the ground that the respondent does not
16 agree with the school district's or private or non-public
17 school's transfer, change of placement, or change of program
18 or solely on the ground that the respondent fails or refuses to
19 consent to or otherwise does not take an action required to
20 effectuate a transfer, change of placement, or change of
21 program. When a court orders a respondent to stay away from the
22 public, private, or non-public school attended by the
23 petitioner and the respondent requests a transfer to another
24 attendance center within the respondent's school district or
25 private or non-public school, the school district or private
26 or non-public school shall have sole discretion to determine
HB3595 Enrolled - 1057 - LRB104 08153 BAB 18201 b
1 the attendance center to which the respondent is transferred.
2 If the court order results in a transfer of the minor
3 respondent to another attendance center, a change in the
4 respondent's placement, or a change of the respondent's
5 program, the parents, guardian, or legal custodian of the
6 respondent is responsible for transportation and other costs
7 associated with the transfer or change.
8 (c) The court may order the parents, guardian, or legal
9 custodian of a minor respondent to take certain actions or to
10 refrain from taking certain actions to ensure that the
11 respondent complies with the order. If the court orders a
12 transfer of the respondent to another school, the parents,
13 guardian, or legal custodian of the respondent are responsible
14 for transportation and other costs associated with the change
15 of school by the respondent.
16 (d) The court shall not hold a school district or private
17 or non-public school or any of its employees in civil or
18 criminal contempt unless the school district or private or
19 non-public school has been allowed to intervene.
20 (e) The court may hold the parents, guardian, or legal
21 custodian of a minor respondent in civil or criminal contempt
22 for a violation of any provision of any order entered under
23 this Article for conduct of the minor respondent in violation
24 of this Article if the parents, guardian, or legal custodian
25 directed, encouraged, or assisted the respondent minor in the
26 conduct.
HB3595 Enrolled - 1058 - LRB104 08153 BAB 18201 b
1 (f) Monetary damages are not recoverable as a remedy.
2 (g) If the stalking no contact order prohibits the
3 respondent from possessing a Firearm Owner's Identification
4 Card, or possessing or buying firearms; the court shall
5 confiscate the respondent's Firearm Owner's Identification
6 Card and immediately return the card to the Illinois State
7 Police Firearm Owner's Identification Card Office.
8 (Source: P.A. 102-538, eff. 8-20-21.)
9 (725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
10 Sec. 112A-22. Notice of orders.
11 (a) Entry and issuance. Upon issuance of any protective
12 order, the clerk shall immediately, or on the next court day if
13 an ex parte order is issued under subsection (e) of Section
14 112A-17.5 of this Code, (i) enter the order on the record and
15 file it in accordance with the circuit court procedures and
16 (ii) provide a file stamped copy of the order to respondent and
17 to petitioner, if present, and to the State's Attorney. If the
18 victim is not present the State's Attorney shall (i) as soon as
19 practicable notify the petitioner the order has been entered
20 and (ii) provide a file stamped copy of the order to the
21 petitioner within 3 days.
22 (b) Filing with sheriff. The clerk of the issuing judge
23 shall, on the same day that a protective order is issued, file
24 a copy of that order with the sheriff or other law enforcement
25 officials charged with maintaining Illinois State Police
HB3595 Enrolled - 1059 - LRB104 08153 BAB 18201 b
1 records or charged with serving the order upon respondent. If
2 the order was issued under subsection (e) of Section 112A-17.5
3 of this Code, the clerk on the next court day shall file a
4 certified copy of the order with the sheriff or other law
5 enforcement officials charged with maintaining Illinois State
6 Police records.
7 (c) (Blank).
8 (c-2) Service by sheriff. Unless respondent was present in
9 court when the order was issued, the sheriff, other law
10 enforcement official, or special process server shall promptly
11 serve that order upon respondent and file proof of the
12 service, in the manner provided for service of process in
13 civil proceedings. Instead of serving the order upon the
14 respondent; however, the sheriff, other law enforcement
15 official, special process server, or other persons defined in
16 Section 112A-22.1 of this Code may serve the respondent with a
17 short form notification as provided in Section 112A-22.1 of
18 this Code. If process has not yet been served upon the
19 respondent, process shall be served with the order or short
20 form notification if the service is made by the sheriff, other
21 law enforcement official, or special process server.
22 (c-3) If the person against whom the protective order is
23 issued is arrested and the written order is issued under
24 subsection (e) of Section 112A-17.5 of this Code and received
25 by the custodial law enforcement agency before the respondent
26 or arrestee is released from custody, the custodial law
HB3595 Enrolled - 1060 - LRB104 08153 BAB 18201 b
1 enforcement agency 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 a hearing on the
5 petition for protective order or receipt of the order issued
6 under Section 112A-17 of this Code.
7 (c-4) Extensions, modifications, and revocations. Any
8 order extending, modifying, or revoking any protective order
9 shall be promptly recorded, issued, and served as provided in
10 this Section.
11 (c-5) (Blank).
12 (d) (Blank).
13 (e) Notice to health care facilities and health care
14 practitioners. Upon the request of the petitioner, the clerk
15 of the circuit court shall send a certified copy of the
16 protective order to any specified health care facility or
17 health care practitioner requested by the petitioner at the
18 mailing address provided by the petitioner.
19 (f) Disclosure by health care facilities and health care
20 practitioners. After receiving a certified copy of a
21 protective order that prohibits a respondent's access to
22 records, no health care facility or health care practitioner
23 shall allow a respondent access to the records of any child who
24 is a protected person under the protective order, or release
25 information in those records to the respondent, unless the
26 order has expired or the respondent shows a certified copy of
HB3595 Enrolled - 1061 - LRB104 08153 BAB 18201 b
1 the court order vacating the corresponding protective order
2 that was sent to the health care facility or practitioner.
3 Nothing in this Section shall be construed to require health
4 care facilities or health care practitioners to alter
5 procedures related to billing and payment. The health care
6 facility or health care practitioner may file the copy of the
7 protective order in the records of a child who is a protected
8 person under the protective order, or may employ any other
9 method to identify the records to which a respondent is
10 prohibited access. No health care facility or health care
11 practitioner shall be civilly or professionally liable for
12 reliance on a copy of a protective order, except for willful
13 and wanton misconduct.
14 (g) Notice to schools. Upon the request of the petitioner,
15 within 24 hours of the issuance of a protective order, the
16 clerk of the issuing judge shall send a certified copy of the
17 protective order to the early care and education day-care
18 facility, pre-school or pre-kindergarten, or private school or
19 the principal office of the public school district or any
20 college or university in which any child who is a protected
21 person under the protective order or any child of the
22 petitioner is enrolled as requested by the petitioner at the
23 mailing address provided by the petitioner. If the child
24 transfers enrollment to another early care and education
25 day-care facility, pre-school, pre-kindergarten, private
26 school, public school, college, or university, the petitioner
HB3595 Enrolled - 1062 - LRB104 08153 BAB 18201 b
1 may, within 24 hours of the transfer, send to the clerk written
2 notice of the transfer, including the name and address of the
3 institution to which the child is transferring. Within 24
4 hours of receipt of notice from the petitioner that a child is
5 transferring to another early care and education day-care
6 facility, pre-school, pre-kindergarten, private school, public
7 school, college, or university, the clerk shall send a
8 certified copy of the order to the institution to which the
9 child is transferring.
10 (h) Disclosure by schools. After receiving a certified
11 copy of a protective order that prohibits a respondent's
12 access to records, neither an early care and education a
13 day-care facility, pre-school, pre-kindergarten, public or
14 private school, college, or university nor its employees shall
15 allow a respondent access to a protected child's records or
16 release information in those records to the respondent. The
17 school shall file the copy of the protective order in the
18 records of a child who is a protected person under the order.
19 When a child who is a protected person under the protective
20 order transfers to another early care and education day-care
21 facility, pre-school, pre-kindergarten, public or private
22 school, college, or university, the institution from which the
23 child is transferring may, at the request of the petitioner,
24 provide, within 24 hours of the transfer, written notice of
25 the protective order, along with a certified copy of the
26 order, to the institution to which the child is transferring.
HB3595 Enrolled - 1063 - LRB104 08153 BAB 18201 b
1 (Source: P.A. 102-538, eff. 8-20-21.)
2 Section 300. The Sexually Violent Persons Commitment Act
3 is amended by changing Section 40 as follows:
4 (725 ILCS 207/40)
5 Sec. 40. Commitment.
6 (a) If a court or jury determines that the person who is
7 the subject of a petition under Section 15 of this Act is a
8 sexually violent person, the court shall order the person to
9 be committed to the custody of the Department for control,
10 care and treatment until such time as the person is no longer a
11 sexually violent person.
12 (b)(1) The court shall enter an initial commitment order
13 under this Section pursuant to a hearing held as soon as
14 practicable after the judgment is entered that the person who
15 is the subject of a petition under Section 15 is a sexually
16 violent person. If the court lacks sufficient information to
17 make the determination required by paragraph (b)(2) of this
18 Section immediately after trial, it may adjourn the hearing
19 and order the Department to conduct a predisposition
20 investigation or a supplementary mental examination, or both,
21 to assist the court in framing the commitment order. If the
22 Department's examining evaluator previously rendered an
23 opinion that the person who is the subject of a petition under
24 Section 15 does not meet the criteria to be found a sexually
HB3595 Enrolled - 1064 - LRB104 08153 BAB 18201 b
1 violent person, then another evaluator shall conduct the
2 predisposition investigation and/or supplementary mental
3 examination. A supplementary mental examination under this
4 Section shall be conducted in accordance with Section 3-804 of
5 the Mental Health and Developmental Disabilities Code. The
6 State has the right to have the person evaluated by experts
7 chosen by the State.
8 (2) An order for commitment under this Section shall
9 specify either institutional care in a secure facility, as
10 provided under Section 50 of this Act, or conditional release.
11 In determining whether commitment shall be for institutional
12 care in a secure facility or for conditional release, the
13 court shall consider the nature and circumstances of the
14 behavior that was the basis of the allegation in the petition
15 under paragraph (b)(1) of Section 15, the person's mental
16 history and present mental condition, and what arrangements
17 are available to ensure that the person has access to and will
18 participate in necessary treatment. All treatment, whether in
19 institutional care, in a secure facility, or while on
20 conditional release, shall be conducted in conformance with
21 the standards developed under the Sex Offender Management
22 Board Act and conducted by a treatment provider licensed under
23 the Sex Offender Evaluation and Treatment Provider Act. The
24 Department shall arrange for control, care and treatment of
25 the person in the least restrictive manner consistent with the
26 requirements of the person and in accordance with the court's
HB3595 Enrolled - 1065 - LRB104 08153 BAB 18201 b
1 commitment order.
2 (3) If the court finds that the person is appropriate for
3 conditional release, the court shall notify the Department.
4 The Department shall prepare a plan that identifies the
5 treatment and services, if any, that the person will receive
6 in the community. The plan shall address the person's need, if
7 any, for supervision, counseling, medication, community
8 support services, residential services, vocational services,
9 and alcohol or other drug abuse treatment. The Department may
10 contract with a county health department, with another public
11 agency or with a private agency to provide the treatment and
12 services identified in the plan. The plan shall specify who
13 will be responsible for providing the treatment and services
14 identified in the plan. The plan shall be presented to the
15 court for its approval within 60 days after the court finding
16 that the person is appropriate for conditional release, unless
17 the Department and the person to be released request
18 additional time to develop the plan. The conditional release
19 program operated under this Section is not subject to the
20 provisions of the Mental Health and Developmental Disabilities
21 Confidentiality Act.
22 (4) An order for conditional release places the person in
23 the custody and control of the Department. A person on
24 conditional release is subject to the conditions set by the
25 court and to the rules of the Department. Before a person is
26 placed on conditional release by the court under this Section,
HB3595 Enrolled - 1066 - LRB104 08153 BAB 18201 b
1 the court shall so notify the municipal police department and
2 county sheriff for the municipality and county in which the
3 person will be residing. The notification requirement under
4 this Section does not apply if a municipal police department
5 or county sheriff submits to the court a written statement
6 waiving the right to be notified. Notwithstanding any other
7 provision in the Act, the person being supervised on
8 conditional release shall not reside at the same street
9 address as another sex offender being supervised on
10 conditional release under this Act, mandatory supervised
11 release, parole, aftercare release, probation, or any other
12 manner of supervision. If the Department alleges that a
13 released person has violated any condition or rule, or that
14 the safety of others requires that conditional release be
15 revoked, he or she may be taken into custody under the rules of
16 the Department.
17 At any time during which the person is on conditional
18 release, if the Department determines that the person has
19 violated any condition or rule, or that the safety of others
20 requires that conditional release be revoked, the Department
21 may request the Attorney General or State's Attorney to
22 request the court to issue an emergency ex parte order
23 directing any law enforcement officer to take the person into
24 custody and transport the person to the county jail. The
25 Department may request, or the Attorney General or State's
26 Attorney may request independently of the Department, that a
HB3595 Enrolled - 1067 - LRB104 08153 BAB 18201 b
1 petition to revoke conditional release be filed. When a
2 petition is filed, the court may order the Department to issue
3 a notice to the person to be present at the Department or other
4 agency designated by the court, order a summons to the person
5 to be present, or order a body attachment for all law
6 enforcement officers to take the person into custody and
7 transport him or her to the county jail, hospital, or
8 treatment facility. The Department shall submit a statement
9 showing probable cause of the detention and a petition to
10 revoke the order for conditional release to the committing
11 court within 48 hours after the detention. The court shall
12 hear the petition within 30 days, unless the hearing or time
13 deadline is waived by the detained person. Pending the
14 revocation hearing, the Department may detain the person in a
15 jail, in a hospital or treatment facility. The State has the
16 burden of proving by clear and convincing evidence that any
17 rule or condition of release has been violated, or that the
18 safety of others requires that the conditional release be
19 revoked. If the court determines after hearing that any rule
20 or condition of release has been violated, or that the safety
21 of others requires that conditional release be revoked, it may
22 revoke the order for conditional release and order that the
23 released person be placed in an appropriate institution until
24 the person is discharged from the commitment under Section 65
25 of this Act or until again placed on conditional release under
26 Section 60 of this Act.
HB3595 Enrolled - 1068 - LRB104 08153 BAB 18201 b
1 (5) An order for conditional release places the person in
2 the custody, care, and control of the Department. The court
3 shall order the person be subject to the following rules of
4 conditional release, in addition to any other conditions
5 ordered, and the person shall be given a certificate setting
6 forth the conditions of conditional release. These conditions
7 shall be that the person:
8 (A) not violate any criminal statute of any
9 jurisdiction;
10 (B) report to or appear in person before such person
11 or agency as directed by the court and the Department;
12 (C) refrain from possession of a firearm or other
13 dangerous weapon;
14 (D) not leave the State without the consent of the
15 court or, in circumstances in which the reason for the
16 absence is of such an emergency nature, that prior consent
17 by the court is not possible without the prior
18 notification and approval of the Department;
19 (E) at the direction of the Department, notify third
20 parties of the risks that may be occasioned by his or her
21 criminal record or sexual offending history or
22 characteristics, and permit the supervising officer or
23 agent to make the notification requirement;
24 (F) attend and fully participate in assessment,
25 treatment, and behavior monitoring including, but not
26 limited to, medical, psychological or psychiatric
HB3595 Enrolled - 1069 - LRB104 08153 BAB 18201 b
1 treatment specific to sexual offending, drug addiction, or
2 alcoholism, to the extent appropriate to the person based
3 upon the recommendation and findings made in the
4 Department evaluation or based upon any subsequent
5 recommendations by the Department;
6 (G) waive confidentiality allowing the court and
7 Department access to assessment or treatment results or
8 both;
9 (H) work regularly at a Department approved occupation
10 or pursue a course of study or vocational training and
11 notify the Department within 72 hours of any change in
12 employment, study, or training;
13 (I) not be employed or participate in any volunteer
14 activity that involves contact with children, except under
15 circumstances approved in advance and in writing by the
16 Department officer;
17 (J) submit to the search of his or her person,
18 residence, vehicle, or any personal or real property under
19 his or her control at any time by the Department;
20 (K) financially support his or her dependents and
21 provide the Department access to any requested financial
22 information;
23 (L) serve a term of home confinement, the conditions
24 of which shall be that the person:
25 (i) remain within the interior premises of the
26 place designated for his or her confinement during the
HB3595 Enrolled - 1070 - LRB104 08153 BAB 18201 b
1 hours designated by the Department;
2 (ii) admit any person or agent designated by the
3 Department into the offender's place of confinement at
4 any time for purposes of verifying the person's
5 compliance with the condition of his or her
6 confinement;
7 (iii) if deemed necessary by the Department, be
8 placed on an electronic monitoring device;
9 (M) comply with the terms and conditions of an order
10 of protection issued by the court pursuant to the Illinois
11 Domestic Violence Act of 1986. A copy of the order of
12 protection shall be transmitted to the Department by the
13 clerk of the court;
14 (N) refrain from entering into a designated geographic
15 area except upon terms the Department finds appropriate.
16 The terms may include consideration of the purpose of the
17 entry, the time of day, others accompanying the person,
18 and advance approval by the Department;
19 (O) refrain from having any contact, including written
20 or oral communications, directly or indirectly, with
21 certain specified persons including, but not limited to,
22 the victim or the victim's family, and report any
23 incidental contact with the victim or the victim's family
24 to the Department within 72 hours; refrain from entering
25 onto the premises of, traveling past, or loitering near
26 the victim's residence, place of employment, or other
HB3595 Enrolled - 1071 - LRB104 08153 BAB 18201 b
1 places frequented by the victim;
2 (P) refrain from having any contact, including written
3 or oral communications, directly or indirectly, with
4 particular types of persons, including but not limited to
5 members of street gangs, drug users, drug dealers, or
6 persons engaged in the sex trade;
7 (Q) refrain from all contact, direct or indirect,
8 personally, by telephone, letter, or through another
9 person, with minor children without prior identification
10 and approval of the Department;
11 (R) refrain from having in his or her body the
12 presence of alcohol or any illicit drug prohibited by the
13 Cannabis Control Act, the Illinois Controlled Substances
14 Act, or the Methamphetamine Control and Community
15 Protection Act, unless prescribed by a physician, and
16 submit samples of his or her breath, saliva, blood, or
17 urine for tests to determine the presence of alcohol or
18 any illicit drug;
19 (S) not establish a dating, intimate, or sexual
20 relationship with a person without prior written
21 notification to the Department;
22 (T) neither possess or have under his or her control
23 any material that is pornographic, sexually oriented, or
24 sexually stimulating, or that depicts or alludes to sexual
25 activity or depicts minors under the age of 18, including
26 but not limited to visual, auditory, telephonic,
HB3595 Enrolled - 1072 - LRB104 08153 BAB 18201 b
1 electronic media, or any matter obtained through access to
2 any computer or material linked to computer access use;
3 (U) not patronize any business providing sexually
4 stimulating or sexually oriented entertainment nor utilize
5 "900" or adult telephone numbers or any other sex-related
6 telephone numbers;
7 (V) not reside near, visit, or be in or about parks,
8 schools, early care and education day care centers,
9 swimming pools, beaches, theaters, or any other places
10 where minor children congregate without advance approval
11 of the Department and report any incidental contact with
12 minor children to the Department within 72 hours;
13 (W) not establish any living arrangement or residence
14 without prior approval of the Department;
15 (X) not publish any materials or print any
16 advertisements without providing a copy of the proposed
17 publications to the Department officer and obtaining
18 permission prior to publication;
19 (Y) not leave the county except with prior permission
20 of the Department and provide the Department officer or
21 agent with written travel routes to and from work and any
22 other designated destinations;
23 (Z) not possess or have under his or her control
24 certain specified items of contraband related to the
25 incidence of sexually offending items including video or
26 still camera items or children's toys;
HB3595 Enrolled - 1073 - LRB104 08153 BAB 18201 b
1 (AA) provide a written daily log of activities as
2 directed by the Department;
3 (BB) comply with all other special conditions that the
4 Department may impose that restrict the person from
5 high-risk situations and limit access or potential
6 victims.
7 (6) A person placed on conditional release and who during
8 the term undergoes mandatory drug or alcohol testing or is
9 assigned to be placed on an approved electronic monitoring
10 device may be ordered to pay all costs incidental to the
11 mandatory drug or alcohol testing and all costs incidental to
12 the approved electronic monitoring in accordance with the
13 person's ability to pay those costs. The Department may
14 establish reasonable fees for the cost of maintenance,
15 testing, and incidental expenses related to the mandatory drug
16 or alcohol testing and all costs incidental to approved
17 electronic monitoring.
18 (Source: P.A. 103-1071, eff. 7-1-25.)
19 Section 305. The Unified Code of Corrections is amended by
20 changing Sections 3-2.5-95, 3-3-7, and 5-5-3.2 as follows:
21 (730 ILCS 5/3-2.5-95)
22 Sec. 3-2.5-95. Conditions of aftercare release.
23 (a) The conditions of aftercare release for all youth
24 committed to the Department under the Juvenile Court Act of
HB3595 Enrolled - 1074 - LRB104 08153 BAB 18201 b
1 1987 shall be such as the Department of Juvenile Justice deems
2 necessary to assist the youth in leading a law-abiding life.
3 The conditions of every aftercare release are that the youth:
4 (1) not violate any criminal statute of any
5 jurisdiction during the aftercare release term;
6 (2) refrain from possessing a firearm or other
7 dangerous weapon;
8 (3) report to an agent of the Department;
9 (4) permit the agent or aftercare specialist to visit
10 the youth at his or her home, employment, or elsewhere to
11 the extent necessary for the agent or aftercare specialist
12 to discharge his or her duties;
13 (5) reside at a Department-approved host site;
14 (6) secure permission before visiting or writing a
15 committed person in an Illinois Department of Corrections
16 or Illinois Department of Juvenile Justice facility;
17 (7) report all arrests to an agent of the Department
18 as soon as permitted by the arresting authority but in no
19 event later than 24 hours after release from custody and
20 immediately report service or notification of an order of
21 protection, a civil no contact order, or a stalking no
22 contact order to an agent of the Department;
23 (8) obtain permission of an agent of the Department
24 before leaving the State of Illinois;
25 (9) obtain permission of an agent of the Department
26 before changing his or her residence or employment;
HB3595 Enrolled - 1075 - LRB104 08153 BAB 18201 b
1 (10) consent to a search of his or her person,
2 property, or residence under his or her control;
3 (11) refrain from the use or possession of narcotics
4 or other controlled substances in any form, or both, or
5 any paraphernalia related to those substances and submit
6 to a urinalysis test as instructed by an agent of the
7 Department;
8 (12) not frequent places where controlled substances
9 are illegally sold, used, distributed, or administered;
10 (13) not knowingly associate with other persons on
11 parole, aftercare release, or mandatory supervised release
12 without prior written permission of his or her aftercare
13 specialist and not associate with persons who are members
14 of an organized gang as that term is defined in the
15 Illinois Streetgang Terrorism Omnibus Prevention Act;
16 (14) provide true and accurate information, as it
17 relates to his or her adjustment in the community while on
18 aftercare release or to his or her conduct while
19 incarcerated, in response to inquiries by an agent of the
20 Department;
21 (15) follow any specific instructions provided by the
22 agent that are consistent with furthering conditions set
23 and approved by the Department or by law to achieve the
24 goals and objectives of his or her aftercare release or to
25 protect the public; these instructions by the agent may be
26 modified at any time, as the agent deems appropriate;
HB3595 Enrolled - 1076 - LRB104 08153 BAB 18201 b
1 (16) comply with the terms and conditions of an order
2 of protection issued under the Illinois Domestic Violence
3 Act of 1986; an order of protection issued by the court of
4 another state, tribe, or United States territory; a no
5 contact order issued under the Civil No Contact Order Act;
6 or a no contact order issued under the Stalking No Contact
7 Order Act;
8 (17) if convicted of a sex offense as defined in the
9 Sex Offender Management Board Act, and a sex offender
10 treatment provider has evaluated and recommended further
11 sex offender treatment while on aftercare release, the
12 youth shall undergo treatment by a sex offender treatment
13 provider or associate sex offender provider as defined in
14 the Sex Offender Management Board Act at his or her
15 expense based on his or her ability to pay for the
16 treatment;
17 (18) if convicted of a sex offense as defined in the
18 Sex Offender Management Board Act, refrain from residing
19 at the same address or in the same condominium unit or
20 apartment unit or in the same condominium complex or
21 apartment complex with another person he or she knows or
22 reasonably should know is a convicted sex offender or has
23 been placed on supervision for a sex offense; the
24 provisions of this paragraph do not apply to a person
25 convicted of a sex offense who is placed in a Department of
26 Corrections licensed transitional housing facility for sex
HB3595 Enrolled - 1077 - LRB104 08153 BAB 18201 b
1 offenders, or is in any facility operated or licensed by
2 the Department of Children and Family Services or by the
3 Department of Human Services, or is in any licensed
4 medical facility;
5 (19) if convicted for an offense that would qualify
6 the offender as a sexual predator under the Sex Offender
7 Registration Act wear an approved electronic monitoring
8 device as defined in Section 5-8A-2 for the duration of
9 the youth's aftercare release term and if convicted for an
10 offense of criminal sexual assault, aggravated criminal
11 sexual assault, predatory criminal sexual assault of a
12 child, criminal sexual abuse, aggravated criminal sexual
13 abuse, or ritualized abuse of a child when the victim was
14 under 18 years of age at the time of the commission of the
15 offense and the offender used force or the threat of force
16 in the commission of the offense wear an approved
17 electronic monitoring device as defined in Section 5-8A-2
18 that has Global Positioning System (GPS) capability for
19 the duration of the youth's aftercare release term;
20 (20) if convicted for an offense that would qualify
21 the offender as a child sex offender as defined in Section
22 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the
23 Criminal Code of 2012, refrain from communicating with or
24 contacting, by means of the Internet, a person who is not
25 related to the offender and whom the offender reasonably
26 believes to be under 18 years of age; for purposes of this
HB3595 Enrolled - 1078 - LRB104 08153 BAB 18201 b
1 paragraph (20), "Internet" has the meaning ascribed to it
2 in Section 16-0.1 of the Criminal Code of 2012; and a
3 person is not related to the offender if the person is not:
4 (A) the spouse, brother, or sister of the offender; (B) a
5 descendant of the offender; (C) a first or second cousin
6 of the offender; or (D) a step-child or adopted child of
7 the offender;
8 (21) if convicted under Section 11-6, 11-20.1,
9 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
10 or the Criminal Code of 2012, consent to search of
11 computers, PDAs, cellular phones, and other devices under
12 his or her control that are capable of accessing the
13 Internet or storing electronic files, in order to confirm
14 Internet protocol addresses reported in accordance with
15 the Sex Offender Registration Act and compliance with
16 conditions in this Act;
17 (22) if convicted for an offense that would qualify
18 the offender as a sex offender or sexual predator under
19 the Sex Offender Registration Act, not possess
20 prescription drugs for erectile dysfunction;
21 (23) if convicted for an offense under Section 11-6,
22 11-9.1, 11-14.4 that involves soliciting for a sexually
23 exploited child, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
24 11-21 of the Criminal Code of 1961 or the Criminal Code of
25 2012, or any attempt to commit any of these offenses:
26 (A) not access or use a computer or any other
HB3595 Enrolled - 1079 - LRB104 08153 BAB 18201 b
1 device with Internet capability without the prior
2 written approval of the Department;
3 (B) submit to periodic unannounced examinations of
4 the youth's computer or any other device with Internet
5 capability by the youth's aftercare specialist, a law
6 enforcement officer, or assigned computer or
7 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 the information, equipment, or device to
11 conduct a more thorough inspection;
12 (C) submit to the installation on the youth's
13 computer or device with Internet capability, at the
14 youth's expense, of one or more hardware or software
15 systems to monitor the Internet use; and
16 (D) submit to any other appropriate restrictions
17 concerning the youth's use of or access to a computer
18 or any other device with Internet capability imposed
19 by the Department or the youth's aftercare specialist;
20 (24) if convicted of a sex offense as defined in the
21 Sex Offender Registration Act, refrain from accessing or
22 using a social networking website as defined in Section
23 17-0.5 of the Criminal Code of 2012;
24 (25) if convicted of a sex offense as defined in
25 Section 2 of the Sex Offender Registration Act that
26 requires the youth to register as a sex offender under
HB3595 Enrolled - 1080 - LRB104 08153 BAB 18201 b
1 that Act, not knowingly use any computer scrub software on
2 any computer that the youth uses;
3 (26) if convicted of a sex offense as defined in
4 subsection (a-5) of Section 3-1-2 of this Code, unless the
5 youth is a parent or guardian of a person under 18 years of
6 age present in the home and no non-familial minors are
7 present, not participate in a holiday event involving
8 children under 18 years of age, such as distributing candy
9 or other items to children on Halloween, wearing a Santa
10 Claus costume on or preceding Christmas, being employed as
11 a department store Santa Claus, or wearing an Easter Bunny
12 costume on or preceding Easter;
13 (27) if convicted of a violation of an order of
14 protection under Section 12-3.4 or Section 12-30 of the
15 Criminal Code of 1961 or the Criminal Code of 2012, be
16 placed under electronic surveillance as provided in
17 Section 5-8A-7 of this Code; and
18 (28) if convicted of a violation of the
19 Methamphetamine Control and Community Protection Act, the
20 Methamphetamine Precursor Control Act, or a
21 methamphetamine related offense, be:
22 (A) prohibited from purchasing, possessing, or
23 having under his or her control any product containing
24 pseudoephedrine unless prescribed by a physician; and
25 (B) prohibited from purchasing, possessing, or
26 having under his or her control any product containing
HB3595 Enrolled - 1081 - LRB104 08153 BAB 18201 b
1 ammonium nitrate.
2 (b) The Department may in addition to other conditions
3 require that the youth:
4 (1) work or pursue a course of study or vocational
5 training;
6 (2) undergo medical or psychiatric treatment, or
7 treatment for drug addiction or alcoholism;
8 (3) attend or reside in a facility established for the
9 instruction or residence of persons on probation or
10 aftercare release;
11 (4) support his or her dependents;
12 (5) if convicted for an offense that would qualify the
13 youth as a child sex offender as defined in Section 11-9.3
14 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code
15 of 2012, refrain from communicating with or contacting, by
16 means of the Internet, a person who is related to the youth
17 and whom the youth reasonably believes to be under 18
18 years of age; for purposes of this paragraph (5),
19 "Internet" has the meaning ascribed to it in Section
20 16-0.1 of the Criminal Code of 2012; and a person is
21 related to the youth if the person is: (A) the spouse,
22 brother, or sister of the youth; (B) a descendant of the
23 youth; (C) a first or second cousin of the youth; or (D) a
24 step-child or adopted child of the youth;
25 (6) if convicted for an offense that would qualify as
26 a sex offense as defined in the Sex Offender Registration
HB3595 Enrolled - 1082 - LRB104 08153 BAB 18201 b
1 Act:
2 (A) not access or use a computer or any other
3 device with Internet capability without the prior
4 written approval of the Department;
5 (B) submit to periodic unannounced examinations of
6 the youth's computer or any other device with Internet
7 capability by the youth's aftercare specialist, a law
8 enforcement officer, or assigned computer or
9 information technology specialist, including the
10 retrieval and copying of all data from the computer or
11 device and any internal or external peripherals and
12 removal of the information, equipment, or device to
13 conduct a more thorough inspection;
14 (C) submit to the installation on the youth's
15 computer or device with Internet capability, at the
16 youth's offender's expense, of one or more hardware or
17 software systems to monitor the Internet use; and
18 (D) submit to any other appropriate restrictions
19 concerning the youth's use of or access to a computer
20 or any other device with Internet capability imposed
21 by the Department or the youth's aftercare specialist;
22 and
23 (7) in addition to other conditions:
24 (A) reside with his or her parents or in a foster
25 home;
26 (B) attend school;
HB3595 Enrolled - 1083 - LRB104 08153 BAB 18201 b
1 (C) attend a non-residential program for youth; or
2 (D) contribute to his or her own support at home or
3 in a foster home.
4 (c) In addition to the conditions under subsections (a)
5 and (b) of this Section, youths required to register as sex
6 offenders under the Sex Offender Registration Act, upon
7 release from the custody of the Department of Juvenile
8 Justice, may be required by the Department to comply with the
9 following specific conditions of release:
10 (1) reside only at a Department approved location;
11 (2) comply with all requirements of the Sex Offender
12 Registration Act;
13 (3) notify third parties of the risks that may be
14 occasioned by his or her criminal record;
15 (4) obtain the approval of an agent of the Department
16 prior to accepting employment or pursuing a course of
17 study or vocational training and notify the Department
18 prior to any change in employment, study, or training;
19 (5) not be employed or participate in any volunteer
20 activity that involves contact with children, except under
21 circumstances approved in advance and in writing by an
22 agent of the Department;
23 (6) be electronically monitored for a specified period
24 of time from the date of release as determined by the
25 Department;
26 (7) refrain from entering into a designated geographic
HB3595 Enrolled - 1084 - LRB104 08153 BAB 18201 b
1 area except upon terms approved in advance by an agent of
2 the Department; these terms may include consideration of
3 the purpose of the entry, the time of day, and others
4 accompanying the youth;
5 (8) refrain from having any contact, including written
6 or oral communications, directly or indirectly, personally
7 or by telephone, letter, or through a third party with
8 certain specified persons including, but not limited to,
9 the victim or the victim's family without the prior
10 written approval of an agent of the Department;
11 (9) refrain from all contact, directly or indirectly,
12 personally, by telephone, letter, or through a third
13 party, with minor children without prior identification
14 and approval of an agent of the Department;
15 (10) neither possess or have under his or her control
16 any material that is sexually oriented, sexually
17 stimulating, or that shows male or female sex organs or
18 any pictures depicting children under 18 years of age nude
19 or any written or audio material describing sexual
20 intercourse or that depicts or alludes to sexual activity,
21 including, but not limited to, visual, auditory,
22 telephonic, or electronic media, or any matter obtained
23 through access to any computer or material linked to
24 computer access use;
25 (11) not patronize any business providing sexually
26 stimulating or sexually oriented entertainment nor utilize
HB3595 Enrolled - 1085 - LRB104 08153 BAB 18201 b
1 "900" or adult telephone numbers;
2 (12) not reside near, visit, or be in or about parks,
3 schools, early care and education day care centers,
4 swimming pools, beaches, theaters, or any other places
5 where minor children congregate without advance approval
6 of an agent of the Department and immediately report any
7 incidental contact with minor children to the Department;
8 (13) not possess or have under his or her control
9 certain specified items of contraband related to the
10 incidence of sexually offending as determined by an agent
11 of the Department;
12 (14) may be required to provide a written daily log of
13 activities if directed by an agent of the Department;
14 (15) comply with all other special conditions that the
15 Department may impose that restrict the youth from
16 high-risk situations and limit access to potential
17 victims;
18 (16) take an annual polygraph exam;
19 (17) maintain a log of his or her travel; or
20 (18) obtain prior approval of an agent of the
21 Department before driving alone in a motor vehicle.
22 (d) The conditions under which the aftercare release is to
23 be served shall be communicated to the youth in writing prior
24 to his or her release, and he or she shall sign the same before
25 release. A signed copy of these conditions, including a copy
26 of an order of protection if one had been issued by the
HB3595 Enrolled - 1086 - LRB104 08153 BAB 18201 b
1 criminal court, shall be retained by the youth and another
2 copy forwarded to the officer or aftercare specialist in
3 charge of his or her supervision.
4 (e) After a revocation hearing under Section 3-3-9.5, the
5 Department of Juvenile Justice may modify or enlarge the
6 conditions of aftercare release.
7 (f) The Department shall inform all youth of the optional
8 services available to them upon release and shall assist youth
9 in availing themselves of the optional services upon their
10 release on a voluntary basis.
11 (Source: P.A. 103-1071, eff. 7-1-25.)
12 (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
13 Sec. 3-3-7. Conditions of parole or mandatory supervised
14 release.
15 (a) The conditions of parole or mandatory supervised
16 release shall be such as the Prisoner Review Board deems
17 necessary to assist the subject in leading a law-abiding life.
18 The conditions of every parole and mandatory supervised
19 release are that the subject:
20 (1) not violate any criminal statute of any
21 jurisdiction during the parole or release term;
22 (2) refrain from possessing a firearm or other
23 dangerous weapon;
24 (3) report to an agent of the Department of
25 Corrections;
HB3595 Enrolled - 1087 - LRB104 08153 BAB 18201 b
1 (4) permit the agent to visit him or her at his or her
2 home, employment, or elsewhere to the extent necessary for
3 the agent to discharge his or her duties;
4 (5) attend or reside in a facility established for the
5 instruction or residence of persons on parole or mandatory
6 supervised release;
7 (6) secure permission before visiting or writing a
8 committed person in an Illinois Department of Corrections
9 facility;
10 (7) report all arrests to an agent of the Department
11 of Corrections as soon as permitted by the arresting
12 authority but in no event later than 24 hours after
13 release from custody and immediately report service or
14 notification of an order of protection, a civil no contact
15 order, or a stalking no contact order to an agent of the
16 Department of Corrections;
17 (7.5) if convicted of a sex offense as defined in the
18 Sex Offender Management Board Act, the individual shall
19 undergo and successfully complete sex offender treatment
20 conducted in conformance with the standards developed by
21 the Sex Offender Management Board Act by a treatment
22 provider approved by the Board;
23 (7.6) if convicted of a sex offense as defined in the
24 Sex Offender Management Board Act, refrain from residing
25 at the same address or in the same condominium unit or
26 apartment unit or in the same condominium complex or
HB3595 Enrolled - 1088 - LRB104 08153 BAB 18201 b
1 apartment complex with another person he or she knows or
2 reasonably should know is a convicted sex offender or has
3 been placed on supervision for a sex offense; the
4 provisions of this paragraph do not apply to a person
5 convicted of a sex offense who is placed in a Department of
6 Corrections licensed transitional housing facility for sex
7 offenders, or is in any facility operated or licensed by
8 the Department of Children and Family Services or by the
9 Department of Human Services, or is in any licensed
10 medical facility;
11 (7.7) if convicted for an offense that would qualify
12 the accused as a sexual predator under the Sex Offender
13 Registration Act on or after January 1, 2007 (the
14 effective date of Public Act 94-988), wear an approved
15 electronic monitoring device as defined in Section 5-8A-2
16 for the duration of the person's parole, mandatory
17 supervised release term, or extended mandatory supervised
18 release term and if convicted for an offense of criminal
19 sexual assault, aggravated criminal sexual assault,
20 predatory criminal sexual assault of a child, criminal
21 sexual abuse, aggravated criminal sexual abuse, or
22 ritualized abuse of a child committed on or after August
23 11, 2009 (the effective date of Public Act 96-236) when
24 the victim was under 18 years of age at the time of the
25 commission of the offense and the defendant used force or
26 the threat of force in the commission of the offense wear
HB3595 Enrolled - 1089 - LRB104 08153 BAB 18201 b
1 an approved electronic monitoring device as defined in
2 Section 5-8A-2 that has Global Positioning System (GPS)
3 capability for the duration of the person's parole,
4 mandatory supervised release term, or extended mandatory
5 supervised release term;
6 (7.8) if convicted for an offense committed on or
7 after June 1, 2008 (the effective date of Public Act
8 95-464) that would qualify the accused as a child sex
9 offender as defined in Section 11-9.3 or 11-9.4 of the
10 Criminal Code of 1961 or the Criminal Code of 2012,
11 refrain from communicating with or contacting, by means of
12 the Internet, a person who is not related to the accused
13 and whom the accused reasonably believes to be under 18
14 years of age; for purposes of this paragraph (7.8),
15 "Internet" has the meaning ascribed to it in Section
16 16-0.1 of the Criminal Code of 2012; and a person is not
17 related to the accused if the person is not: (i) the
18 spouse, brother, or sister of the accused; (ii) a
19 descendant of the accused; (iii) a first or second cousin
20 of the accused; or (iv) a step-child or adopted child of
21 the accused;
22 (7.9) if convicted under Section 11-6, 11-20.1,
23 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
24 or the Criminal Code of 2012, consent to search of
25 computers, PDAs, cellular phones, and other devices under
26 his or her control that are capable of accessing the
HB3595 Enrolled - 1090 - LRB104 08153 BAB 18201 b
1 Internet or storing electronic files, in order to confirm
2 Internet protocol addresses reported in accordance with
3 the Sex Offender Registration Act and compliance with
4 conditions in this Act;
5 (7.10) if convicted for an offense that would qualify
6 the accused as a sex offender or sexual predator under the
7 Sex Offender Registration Act on or after June 1, 2008
8 (the effective date of Public Act 95-640), not possess
9 prescription drugs for erectile dysfunction;
10 (7.11) if convicted for an offense under Section 11-6,
11 11-9.1, 11-14.4 that involves soliciting for a sexually
12 exploited child, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
13 11-21 of the Criminal Code of 1961 or the Criminal Code of
14 2012, or any attempt to commit any of these offenses,
15 committed on or after June 1, 2009 (the effective date of
16 Public Act 95-983):
17 (i) not access or use a computer or any other
18 device with Internet capability without the prior
19 written approval of the Department;
20 (ii) submit to periodic unannounced examinations
21 of the offender's computer or any other device with
22 Internet capability by the offender's supervising
23 agent, a law enforcement officer, or assigned computer
24 or information technology specialist, including the
25 retrieval and copying of all data from the computer or
26 device and any internal or external peripherals and
HB3595 Enrolled - 1091 - LRB104 08153 BAB 18201 b
1 removal of such information, equipment, or device to
2 conduct a more thorough inspection;
3 (iii) submit to the installation on the offender's
4 computer or device with Internet capability, at the
5 offender's expense, of one or more hardware or
6 software systems to monitor the Internet use; and
7 (iv) submit to any other appropriate restrictions
8 concerning the offender's use of or access to a
9 computer or any other device with Internet capability
10 imposed by the Board, the Department or the offender's
11 supervising agent;
12 (7.12) if convicted of a sex offense as defined in the
13 Sex Offender Registration Act committed on or after
14 January 1, 2010 (the effective date of Public Act 96-262),
15 refrain from accessing or using a social networking
16 website as defined in Section 17-0.5 of the Criminal Code
17 of 2012;
18 (7.13) if convicted of a sex offense as defined in
19 Section 2 of the Sex Offender Registration Act committed
20 on or after January 1, 2010 (the effective date of Public
21 Act 96-362) that requires the person to register as a sex
22 offender under that Act, may not knowingly use any
23 computer scrub software on any computer that the sex
24 offender uses;
25 (8) obtain permission of an agent of the Department of
26 Corrections before leaving the State of Illinois;
HB3595 Enrolled - 1092 - LRB104 08153 BAB 18201 b
1 (9) obtain permission of an agent of the Department of
2 Corrections before changing his or her residence or
3 employment;
4 (10) consent to a search of his or her person,
5 property, or residence under his or her control;
6 (11) refrain from the use or possession of narcotics
7 or other controlled substances in any form, or both, or
8 any paraphernalia related to those substances and submit
9 to a urinalysis test as instructed by a parole agent of the
10 Department of Corrections if there is reasonable suspicion
11 of illicit drug use and the source of the reasonable
12 suspicion is documented in the Department's case
13 management system;
14 (12) not knowingly frequent places where controlled
15 substances are illegally sold, used, distributed, or
16 administered;
17 (13) except when the association described in either
18 subparagraph (A) or (B) of this paragraph (13) involves
19 activities related to community programs, worship
20 services, volunteering, engaging families, or some other
21 pro-social activity in which there is no evidence of
22 criminal intent:
23 (A) not knowingly associate with other persons on
24 parole or mandatory supervised release without prior
25 written permission of his or her parole agent; or
26 (B) not knowingly associate with persons who are
HB3595 Enrolled - 1093 - LRB104 08153 BAB 18201 b
1 members of an organized gang as that term is defined in
2 the Illinois Streetgang Terrorism Omnibus Prevention
3 Act;
4 (14) provide true and accurate information, as it
5 relates to his or her adjustment in the community while on
6 parole or mandatory supervised release or to his or her
7 conduct while incarcerated, in response to inquiries by
8 his or her parole agent or of the Department of
9 Corrections;
10 (15) follow any specific instructions provided by the
11 parole agent that are consistent with furthering
12 conditions set and approved by the Prisoner Review Board
13 or by law, exclusive of placement on electronic detention,
14 to achieve the goals and objectives of his or her parole or
15 mandatory supervised release or to protect the public.
16 These instructions by the parole agent may be modified at
17 any time, as the agent deems appropriate;
18 (16) if convicted of a sex offense as defined in
19 subsection (a-5) of Section 3-1-2 of this Code, unless the
20 offender is a parent or guardian of the person under 18
21 years of age present in the home and no non-familial
22 minors are present, not participate in a holiday event
23 involving children under 18 years of age, such as
24 distributing candy or other items to children on
25 Halloween, wearing a Santa Claus costume on or preceding
26 Christmas, being employed as a department store Santa
HB3595 Enrolled - 1094 - LRB104 08153 BAB 18201 b
1 Claus, or wearing an Easter Bunny costume on or preceding
2 Easter;
3 (17) if convicted of a violation of an order of
4 protection under Section 12-3.4 or Section 12-30 of the
5 Criminal Code of 1961 or the Criminal Code of 2012, be
6 placed under electronic surveillance as provided in
7 Section 5-8A-7 of this Code;
8 (18) comply with the terms and conditions of an order
9 of protection issued pursuant to the Illinois Domestic
10 Violence Act of 1986; an order of protection issued by the
11 court of another state, tribe, or United States territory;
12 a no contact order issued pursuant to the Civil No Contact
13 Order Act; or a no contact order issued pursuant to the
14 Stalking No Contact Order Act;
15 (19) if convicted of a violation of the
16 Methamphetamine Control and Community Protection Act, the
17 Methamphetamine Precursor Control Act, or a
18 methamphetamine related offense, be:
19 (A) prohibited from purchasing, possessing, or
20 having under his or her control any product containing
21 pseudoephedrine unless prescribed by a physician; and
22 (B) prohibited from purchasing, possessing, or
23 having under his or her control any product containing
24 ammonium nitrate;
25 (20) if convicted of a hate crime under Section 12-7.1
26 of the Criminal Code of 2012, perform public or community
HB3595 Enrolled - 1095 - LRB104 08153 BAB 18201 b
1 service of no less than 200 hours and enroll in an
2 educational program discouraging hate crimes involving the
3 protected class identified in subsection (a) of Section
4 12-7.1 of the Criminal Code of 2012 that gave rise to the
5 offense the offender committed ordered by the court; and
6 (21) be evaluated by the Department of Corrections
7 prior to release using a validated risk assessment and be
8 subject to a corresponding level of supervision. In
9 accordance with the findings of that evaluation:
10 (A) All subjects found to be at a moderate or high
11 risk to recidivate, or on parole or mandatory
12 supervised release for first degree murder, a forcible
13 felony as defined in Section 2-8 of the Criminal Code
14 of 2012, any felony that requires registration as a
15 sex offender under the Sex Offender Registration Act,
16 or a Class X felony or Class 1 felony that is not a
17 violation of the Cannabis Control Act, the Illinois
18 Controlled Substances Act, or the Methamphetamine
19 Control and Community Protection Act, shall be subject
20 to high level supervision. The Department shall define
21 high level supervision based upon evidence-based and
22 research-based practices. Notwithstanding this
23 placement on high level supervision, placement of the
24 subject on electronic monitoring or detention shall
25 not occur unless it is required by law or expressly
26 ordered or approved by the Prisoner Review Board.
HB3595 Enrolled - 1096 - LRB104 08153 BAB 18201 b
1 (B) All subjects found to be at a low risk to
2 recidivate shall be subject to low-level supervision,
3 except for those subjects on parole or mandatory
4 supervised release for first degree murder, a forcible
5 felony as defined in Section 2-8 of the Criminal Code
6 of 2012, any felony that requires registration as a
7 sex offender under the Sex Offender Registration Act,
8 or a Class X felony or Class 1 felony that is not a
9 violation of the Cannabis Control Act, the Illinois
10 Controlled Substances Act, or the Methamphetamine
11 Control and Community Protection Act. Low level
12 supervision shall require the subject to check in with
13 the supervising officer via phone or other electronic
14 means. Notwithstanding this placement on low level
15 supervision, placement of the subject on electronic
16 monitoring or detention shall not occur unless it is
17 required by law or expressly ordered or approved by
18 the Prisoner Review Board.
19 (b) The Board may after making an individualized
20 assessment pursuant to subsection (a) of Section 3-14-2 in
21 addition to other conditions require that the subject:
22 (1) work or pursue a course of study or vocational
23 training;
24 (2) undergo medical or psychiatric treatment, or
25 treatment for drug addiction or alcoholism;
26 (3) attend or reside in a facility established for the
HB3595 Enrolled - 1097 - LRB104 08153 BAB 18201 b
1 instruction or residence of persons on probation or
2 parole;
3 (4) support his or her dependents;
4 (5) (blank);
5 (6) (blank);
6 (7) (blank);
7 (7.5) if convicted for an offense committed on or
8 after the effective date of this amendatory Act of the
9 95th General Assembly that would qualify the accused as a
10 child sex offender as defined in Section 11-9.3 or 11-9.4
11 of the Criminal Code of 1961 or the Criminal Code of 2012,
12 refrain from communicating with or contacting, by means of
13 the Internet, a person who is related to the accused and
14 whom the accused reasonably believes to be under 18 years
15 of age; for purposes of this paragraph (7.5), "Internet"
16 has the meaning ascribed to it in Section 16-0.1 of the
17 Criminal Code of 2012; and a person is related to the
18 accused if the person is: (i) the spouse, brother, or
19 sister of the accused; (ii) a descendant of the accused;
20 (iii) a first or second cousin of the accused; or (iv) a
21 step-child or adopted child of the accused;
22 (7.6) if convicted for an offense committed on or
23 after June 1, 2009 (the effective date of Public Act
24 95-983) that would qualify as a sex offense as defined in
25 the Sex Offender Registration Act:
26 (i) not access or use a computer or any other
HB3595 Enrolled - 1098 - LRB104 08153 BAB 18201 b
1 device with Internet capability without the prior
2 written approval of the Department;
3 (ii) submit to periodic unannounced examinations
4 of the offender's computer or any other device with
5 Internet capability by the offender's supervising
6 agent, a law enforcement officer, or assigned computer
7 or information technology specialist, including the
8 retrieval and copying of all data from the computer or
9 device and any internal or external peripherals and
10 removal of such information, equipment, or device to
11 conduct a more thorough inspection;
12 (iii) submit to the installation on the offender's
13 computer or device with Internet capability, at the
14 offender's expense, of one or more hardware or
15 software systems to monitor the Internet use; and
16 (iv) submit to any other appropriate restrictions
17 concerning the offender's use of or access to a
18 computer or any other device with Internet capability
19 imposed by the Board, the Department or the offender's
20 supervising agent; and
21 (8) (blank).
22 (b-1) In addition to the conditions set forth in
23 subsections (a) and (b), persons required to register as sex
24 offenders pursuant to the Sex Offender Registration Act, upon
25 release from the custody of the Illinois Department of
26 Corrections, may be required by the Board to comply with the
HB3595 Enrolled - 1099 - LRB104 08153 BAB 18201 b
1 following specific conditions of release following an
2 individualized assessment pursuant to subsection (a) of
3 Section 3-14-2:
4 (1) reside only at a Department approved location;
5 (2) comply with all requirements of the Sex Offender
6 Registration Act;
7 (3) notify third parties of the risks that may be
8 occasioned by his or her criminal record;
9 (4) obtain the approval of an agent of the Department
10 of Corrections prior to accepting employment or pursuing a
11 course of study or vocational training and notify the
12 Department prior to any change in employment, study, or
13 training;
14 (5) not be employed or participate in any volunteer
15 activity that involves contact with children, except under
16 circumstances approved in advance and in writing by an
17 agent of the Department of Corrections;
18 (6) be electronically monitored for a minimum of 12
19 months from the date of release as determined by the
20 Board;
21 (7) refrain from entering into a designated geographic
22 area except upon terms approved in advance by an agent of
23 the Department of Corrections. The terms may include
24 consideration of the purpose of the entry, the time of
25 day, and others accompanying the person;
26 (8) refrain from having any contact, including written
HB3595 Enrolled - 1100 - LRB104 08153 BAB 18201 b
1 or oral communications, directly or indirectly, personally
2 or by telephone, letter, or through a third party with
3 certain specified persons including, but not limited to,
4 the victim or the victim's family without the prior
5 written approval of an agent of the Department of
6 Corrections;
7 (9) refrain from all contact, directly or indirectly,
8 personally, by telephone, letter, or through a third
9 party, with minor children without prior identification
10 and approval of an agent of the Department of Corrections;
11 (10) neither possess or have under his or her control
12 any material that is sexually oriented, sexually
13 stimulating, or that shows male or female sex organs or
14 any pictures depicting children under 18 years of age nude
15 or any written or audio material describing sexual
16 intercourse or that depicts or alludes to sexual activity,
17 including but not limited to visual, auditory, telephonic,
18 or electronic media, or any matter obtained through access
19 to any computer or material linked to computer access use;
20 (11) not patronize any business providing sexually
21 stimulating or sexually oriented entertainment nor utilize
22 "900" or adult telephone numbers;
23 (12) not reside near, visit, or be in or about parks,
24 schools, early care and education day care centers,
25 swimming pools, beaches, theaters, or any other places
26 where minor children congregate without advance approval
HB3595 Enrolled - 1101 - LRB104 08153 BAB 18201 b
1 of an agent of the Department of Corrections and
2 immediately report any incidental contact with minor
3 children to the Department;
4 (13) not possess or have under his or her control
5 certain specified items of contraband related to the
6 incidence of sexually offending as determined by an agent
7 of the Department of Corrections;
8 (14) may be required to provide a written daily log of
9 activities if directed by an agent of the Department of
10 Corrections;
11 (15) comply with all other special conditions that the
12 Department may impose that restrict the person from
13 high-risk situations and limit access to potential
14 victims;
15 (16) take an annual polygraph exam;
16 (17) maintain a log of his or her travel; or
17 (18) obtain prior approval of his or her parole
18 officer before driving alone in a motor vehicle.
19 (c) The conditions under which the parole or mandatory
20 supervised release is to be served shall be communicated to
21 the person in writing prior to his or her release, and he or
22 she shall sign the same before release. A signed copy of these
23 conditions, including a copy of an order of protection where
24 one had been issued by the criminal court, shall be retained by
25 the person and another copy forwarded to the officer in charge
26 of his or her supervision.
HB3595 Enrolled - 1102 - LRB104 08153 BAB 18201 b
1 (d) After a hearing under Section 3-3-9, the Prisoner
2 Review Board may modify or enlarge the conditions of parole or
3 mandatory supervised release.
4 (e) The Department shall inform all offenders committed to
5 the Department of the optional services available to them upon
6 release and shall assist inmates in availing themselves of
7 such optional services upon their release on a voluntary
8 basis.
9 (f) (Blank).
10 (Source: P.A. 103-271, eff. 1-1-24; 103-1071, eff. 7-1-25.)
11 (730 ILCS 5/5-5-3.2)
12 Sec. 5-5-3.2. Factors in aggravation and extended-term
13 sentencing.
14 (a) The following factors shall be accorded weight in
15 favor of imposing a term of imprisonment or may be considered
16 by the court as reasons to impose a more severe sentence under
17 Section 5-8-1 or Article 4.5 of Chapter V:
18 (1) the defendant's conduct caused or threatened
19 serious harm;
20 (2) the defendant received compensation for committing
21 the offense;
22 (3) the defendant has a history of prior delinquency
23 or criminal activity;
24 (4) the defendant, by the duties of his office or by
25 his position, was obliged to prevent the particular
HB3595 Enrolled - 1103 - LRB104 08153 BAB 18201 b
1 offense committed or to bring the offenders committing it
2 to justice;
3 (5) the defendant held public office at the time of
4 the offense, and the offense related to the conduct of
5 that office;
6 (6) the defendant utilized his professional reputation
7 or position in the community to commit the offense, or to
8 afford him an easier means of committing it;
9 (7) the sentence is necessary to deter others from
10 committing the same crime;
11 (8) the defendant committed the offense against a
12 person 60 years of age or older or such person's property;
13 (9) the defendant committed the offense against a
14 person who has a physical disability or such person's
15 property;
16 (10) by reason of another individual's actual or
17 perceived race, color, creed, religion, ancestry, gender,
18 sexual orientation, physical or mental disability, or
19 national origin, the defendant committed the offense
20 against (i) the person or property of that individual;
21 (ii) the person or property of a person who has an
22 association with, is married to, or has a friendship with
23 the other individual; or (iii) the person or property of a
24 relative (by blood or marriage) of a person described in
25 clause (i) or (ii). For the purposes of this Section,
26 "sexual orientation" has the meaning ascribed to it in
HB3595 Enrolled - 1104 - LRB104 08153 BAB 18201 b
1 paragraph (O-1) of Section 1-103 of the Illinois Human
2 Rights Act;
3 (11) the offense took place in a place of worship or on
4 the grounds of a place of worship, immediately prior to,
5 during or immediately following worship services. For
6 purposes of this subparagraph, "place of worship" shall
7 mean any church, synagogue or other building, structure or
8 place used primarily for religious worship;
9 (12) the defendant was convicted of a felony committed
10 while he was on pretrial release or his own recognizance
11 pending trial for a prior felony and was convicted of such
12 prior felony, or the defendant was convicted of a felony
13 committed while he was serving a period of probation,
14 conditional discharge, or mandatory supervised release
15 under subsection (d) of Section 5-8-1 for a prior felony;
16 (13) the defendant committed or attempted to commit a
17 felony while he was wearing a bulletproof vest. For the
18 purposes of this paragraph (13), a bulletproof vest is any
19 device which is designed for the purpose of protecting the
20 wearer from bullets, shot or other lethal projectiles;
21 (14) the defendant held a position of trust or
22 supervision such as, but not limited to, family member as
23 defined in Section 11-0.1 of the Criminal Code of 2012,
24 teacher, scout leader, baby sitter, or early care and
25 education day care worker, in relation to a victim under
26 18 years of age, and the defendant committed an offense in
HB3595 Enrolled - 1105 - LRB104 08153 BAB 18201 b
1 violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
2 11-1.60, 11-6, 11-11, 11-14.4 except for an offense that
3 involves keeping a place of commercial sexual exploitation
4 of a child, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 11-20.1B,
5 11-20.3, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
6 Criminal Code of 1961 or the Criminal Code of 2012 against
7 that victim;
8 (15) the defendant committed an offense related to the
9 activities of an organized gang. For the purposes of this
10 factor, "organized gang" has the meaning ascribed to it in
11 Section 10 of the Streetgang Terrorism Omnibus Prevention
12 Act;
13 (16) the defendant committed an offense in violation
14 of one of the following Sections while in a school,
15 regardless of the time of day or time of year; on any
16 conveyance owned, leased, or contracted by a school to
17 transport students to or from school or a school related
18 activity; on the real property of a school; or on a public
19 way within 1,000 feet of the real property comprising any
20 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
21 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
22 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
23 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
24 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
25 for subdivision (a)(4) or (g)(1), of the Criminal Code of
26 1961 or the Criminal Code of 2012;
HB3595 Enrolled - 1106 - LRB104 08153 BAB 18201 b
1 (16.5) the defendant committed an offense in violation
2 of one of the following Sections while in an early care and
3 education a day care center, regardless of the time of day
4 or time of year; on the real property of an early care and
5 education a day care center, regardless of the time of day
6 or time of year; or on a public way within 1,000 feet of
7 the real property comprising any early care and education
8 day care center, regardless of the time of day or time of
9 year: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
10 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
13 18-2, or 33A-2, or Section 12-3.05 except for subdivision
14 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
15 Criminal Code of 2012;
16 (17) the defendant committed the offense by reason of
17 any person's activity as a community policing volunteer or
18 to prevent any person from engaging in activity as a
19 community policing volunteer. For the purpose of this
20 Section, "community policing volunteer" has the meaning
21 ascribed to it in Section 2-3.5 of the Criminal Code of
22 2012;
23 (18) the defendant committed the offense in a nursing
24 home or on the real property comprising a nursing home.
25 For the purposes of this paragraph (18), "nursing home"
26 means a skilled nursing or intermediate long term care
HB3595 Enrolled - 1107 - LRB104 08153 BAB 18201 b
1 facility that is subject to license by the Illinois
2 Department of Public Health under the Nursing Home Care
3 Act, the Specialized Mental Health Rehabilitation Act of
4 2013, the ID/DD Community Care Act, or the MC/DD Act;
5 (19) the defendant was a federally licensed firearm
6 dealer and was previously convicted of a violation of
7 subsection (a) of Section 3 of the Firearm Owners
8 Identification Card Act and has now committed either a
9 felony violation of the Firearm Owners Identification Card
10 Act or an act of armed violence while armed with a firearm;
11 (20) the defendant (i) committed the offense of
12 reckless homicide under Section 9-3 of the Criminal Code
13 of 1961 or the Criminal Code of 2012 or the offense of
14 driving under the influence of alcohol, other drug or
15 drugs, intoxicating compound or compounds or any
16 combination thereof under Section 11-501 of the Illinois
17 Vehicle Code or a similar provision of a local ordinance
18 and (ii) was operating a motor vehicle in excess of 20
19 miles per hour over the posted speed limit as provided in
20 Article VI of Chapter 11 of the Illinois Vehicle Code;
21 (21) the defendant (i) committed the offense of
22 reckless driving or aggravated reckless driving under
23 Section 11-503 of the Illinois Vehicle Code and (ii) was
24 operating a motor vehicle in excess of 20 miles per hour
25 over the posted speed limit as provided in Article VI of
26 Chapter 11 of the Illinois Vehicle Code;
HB3595 Enrolled - 1108 - LRB104 08153 BAB 18201 b
1 (22) the defendant committed the offense against a
2 person that the defendant knew, or reasonably should have
3 known, was a member of the Armed Forces of the United
4 States serving on active duty. For purposes of this clause
5 (22), the term "Armed Forces" means any of the Armed
6 Forces of the United States, including a member of any
7 reserve component thereof or National Guard unit called to
8 active duty;
9 (23) the defendant committed the offense against a
10 person who was elderly or infirm or who was a person with a
11 disability by taking advantage of a family or fiduciary
12 relationship with the elderly or infirm person or person
13 with a disability;
14 (24) the defendant committed any offense under Section
15 11-20.1 of the Criminal Code of 1961 or the Criminal Code
16 of 2012 and possessed 100 or more images;
17 (25) the defendant committed the offense while the
18 defendant or the victim was in a train, bus, or other
19 vehicle used for public transportation;
20 (26) the defendant committed the offense of child
21 sexual abuse material or aggravated child pornography,
22 specifically including paragraph (1), (2), (3), (4), (5),
23 or (7) of subsection (a) of Section 11-20.1 of the
24 Criminal Code of 1961 or the Criminal Code of 2012 where a
25 child engaged in, solicited for, depicted in, or posed in
26 any act of sexual penetration or bound, fettered, or
HB3595 Enrolled - 1109 - LRB104 08153 BAB 18201 b
1 subject to sadistic, masochistic, or sadomasochistic abuse
2 in a sexual context and specifically including paragraph
3 (1), (2), (3), (4), (5), or (7) of subsection (a) of
4 Section 11-20.1B or Section 11-20.3 of the Criminal Code
5 of 1961 where a child engaged in, solicited for, depicted
6 in, or posed in any act of sexual penetration or bound,
7 fettered, or subject to sadistic, masochistic, or
8 sadomasochistic abuse in a sexual context;
9 (26.5) the defendant committed the offense of obscene
10 depiction of a purported child, specifically including
11 paragraph (2) of subsection (b) of Section 11-20.4 of the
12 Criminal Code of 2012 if a child engaged in, solicited
13 for, depicted in, or posed in any act of sexual
14 penetration or bound, fettered, or subject to sadistic,
15 masochistic, or sadomasochistic abuse in a sexual context;
16 (27) the defendant committed the offense of first
17 degree murder, assault, aggravated assault, battery,
18 aggravated battery, robbery, armed robbery, or aggravated
19 robbery against a person who was a veteran and the
20 defendant knew, or reasonably should have known, that the
21 person was a veteran performing duties as a representative
22 of a veterans' organization. For the purposes of this
23 paragraph (27), "veteran" means an Illinois resident who
24 has served as a member of the United States Armed Forces, a
25 member of the Illinois National Guard, or a member of the
26 United States Reserve Forces; and "veterans' organization"
HB3595 Enrolled - 1110 - LRB104 08153 BAB 18201 b
1 means an organization comprised of members of which
2 substantially all are individuals who are veterans or
3 spouses, widows, or widowers of veterans, the primary
4 purpose of which is to promote the welfare of its members
5 and to provide assistance to the general public in such a
6 way as to confer a public benefit;
7 (28) the defendant committed the offense of assault,
8 aggravated assault, battery, aggravated battery, robbery,
9 armed robbery, or aggravated robbery against a person that
10 the defendant knew or reasonably should have known was a
11 letter carrier or postal worker while that person was
12 performing his or her duties delivering mail for the
13 United States Postal Service;
14 (29) the defendant committed the offense of criminal
15 sexual assault, aggravated criminal sexual assault,
16 criminal sexual abuse, or aggravated criminal sexual abuse
17 against a victim with an intellectual disability, and the
18 defendant holds a position of trust, authority, or
19 supervision in relation to the victim;
20 (30) the defendant committed the offense of promoting
21 commercial sexual exploitation of a child, patronizing a
22 person engaged in the sex trade, or patronizing a sexually
23 exploited child and at the time of the commission of the
24 offense knew that the person engaged in the sex trade or
25 sexually exploited child was in the custody or
26 guardianship of the Department of Children and Family
HB3595 Enrolled - 1111 - LRB104 08153 BAB 18201 b
1 Services;
2 (31) the defendant (i) committed the offense of
3 driving while under the influence of alcohol, other drug
4 or drugs, intoxicating compound or compounds or any
5 combination thereof in violation of Section 11-501 of the
6 Illinois Vehicle Code or a similar provision of a local
7 ordinance and (ii) the defendant during the commission of
8 the offense was driving his or her vehicle upon a roadway
9 designated for one-way traffic in the opposite direction
10 of the direction indicated by official traffic control
11 devices;
12 (32) the defendant committed the offense of reckless
13 homicide while committing a violation of Section 11-907 of
14 the Illinois Vehicle Code;
15 (33) the defendant was found guilty of an
16 administrative infraction related to an act or acts of
17 public indecency or sexual misconduct in the penal
18 institution. In this paragraph (33), "penal institution"
19 has the same meaning as in Section 2-14 of the Criminal
20 Code of 2012; or
21 (34) the defendant committed the offense of leaving
22 the scene of a crash in violation of subsection (b) of
23 Section 11-401 of the Illinois Vehicle Code and the crash
24 resulted in the death of a person and at the time of the
25 offense, the defendant was: (i) driving under the
26 influence of alcohol, other drug or drugs, intoxicating
HB3595 Enrolled - 1112 - LRB104 08153 BAB 18201 b
1 compound or compounds or any combination thereof as
2 defined by Section 11-501 of the Illinois Vehicle Code; or
3 (ii) operating the motor vehicle while using an electronic
4 communication device as defined in Section 12-610.2 of the
5 Illinois Vehicle Code.
6 For the purposes of this Section:
7 "School" is defined as a public or private elementary or
8 secondary school, community college, college, or university.
9 "Early care and education Day care center" means a public
10 or private State certified and licensed early care and
11 education day care center as defined in Section 2.09 of the
12 Child Care Act of 1969 that displays a sign in plain view
13 stating that the property is an early care and education a day
14 care center.
15 "Intellectual disability" means significantly subaverage
16 intellectual functioning which exists concurrently with
17 impairment in adaptive behavior.
18 "Public transportation" means the transportation or
19 conveyance of persons by means available to the general
20 public, and includes paratransit services.
21 "Traffic control devices" means all signs, signals,
22 markings, and devices that conform to the Illinois Manual on
23 Uniform Traffic Control Devices, placed or erected by
24 authority of a public body or official having jurisdiction,
25 for the purpose of regulating, warning, or guiding traffic.
26 (b) The following factors, related to all felonies, may be
HB3595 Enrolled - 1113 - LRB104 08153 BAB 18201 b
1 considered by the court as reasons to impose an extended term
2 sentence under Section 5-8-2 upon any offender:
3 (1) When a defendant is convicted of any felony, after
4 having been previously convicted in Illinois or any other
5 jurisdiction of the same or similar class felony or
6 greater class felony, when such conviction has occurred
7 within 10 years after the previous conviction, excluding
8 time spent in custody, and such charges are separately
9 brought and tried and arise out of different series of
10 acts; or
11 (2) When a defendant is convicted of any felony and
12 the court finds that the offense was accompanied by
13 exceptionally brutal or heinous behavior indicative of
14 wanton cruelty; or
15 (3) When a defendant is convicted of any felony
16 committed against:
17 (i) a person under 12 years of age at the time of
18 the offense or such person's property;
19 (ii) a person 60 years of age or older at the time
20 of the offense or such person's property; or
21 (iii) a person who had a physical disability at
22 the time of the offense or such person's property; or
23 (4) When a defendant is convicted of any felony and
24 the offense involved any of the following types of
25 specific misconduct committed as part of a ceremony, rite,
26 initiation, observance, performance, practice or activity
HB3595 Enrolled - 1114 - LRB104 08153 BAB 18201 b
1 of any actual or ostensible religious, fraternal, or
2 social group:
3 (i) the brutalizing or torturing of humans or
4 animals;
5 (ii) the theft of human corpses;
6 (iii) the kidnapping of humans;
7 (iv) the desecration of any cemetery, religious,
8 fraternal, business, governmental, educational, or
9 other building or property; or
10 (v) ritualized abuse of a child; or
11 (5) When a defendant is convicted of a felony other
12 than conspiracy and the court finds that the felony was
13 committed under an agreement with 2 or more other persons
14 to commit that offense and the defendant, with respect to
15 the other individuals, occupied a position of organizer,
16 supervisor, financier, or any other position of management
17 or leadership, and the court further finds that the felony
18 committed was related to or in furtherance of the criminal
19 activities of an organized gang or was motivated by the
20 defendant's leadership in an organized gang; or
21 (6) When a defendant is convicted of an offense
22 committed while using a firearm with a laser sight
23 attached to it. For purposes of this paragraph, "laser
24 sight" has the meaning ascribed to it in Section 26-7 of
25 the Criminal Code of 2012; or
26 (7) When a defendant who was at least 17 years of age
HB3595 Enrolled - 1115 - LRB104 08153 BAB 18201 b
1 at the time of the commission of the offense is convicted
2 of a felony and has been previously adjudicated a
3 delinquent minor under the Juvenile Court Act of 1987 for
4 an act that if committed by an adult would be a Class X or
5 Class 1 felony when the conviction has occurred within 10
6 years after the previous adjudication, excluding time
7 spent in custody; or
8 (8) When a defendant commits any felony and the
9 defendant used, possessed, exercised control over, or
10 otherwise directed an animal to assault a law enforcement
11 officer engaged in the execution of his or her official
12 duties or in furtherance of the criminal activities of an
13 organized gang in which the defendant is engaged; or
14 (9) When a defendant commits any felony and the
15 defendant knowingly video or audio records the offense
16 with the intent to disseminate the recording.
17 (c) The following factors may be considered by the court
18 as reasons to impose an extended term sentence under Section
19 5-8-2 upon any offender for the listed 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, when that conviction has occurred within 10 years
24 after the previous conviction, excluding time spent in
25 custody, and the charges are separately brought and tried
26 and arise out of different series of acts.
HB3595 Enrolled - 1116 - LRB104 08153 BAB 18201 b
1 (1.5) When a defendant is convicted of first degree
2 murder, after having been previously convicted of domestic
3 battery or aggravated domestic battery committed on the
4 same victim or after having been previously convicted of
5 violation of an order of protection in which the same
6 victim was the protected person.
7 (2) When a defendant is convicted of voluntary
8 manslaughter, second degree murder, involuntary
9 manslaughter, or reckless homicide in which the defendant
10 has been convicted of causing the death of more than one
11 individual.
12 (3) When a defendant is convicted of aggravated
13 criminal sexual assault or criminal sexual assault, when
14 there is a finding that aggravated criminal sexual assault
15 or criminal sexual assault was also committed on the same
16 victim by one or more other individuals, and the defendant
17 voluntarily participated in the crime with the knowledge
18 of the participation of the others in the crime, and the
19 commission of the crime was part of a single course of
20 conduct during which there was no substantial change in
21 the nature of the criminal objective.
22 (4) If the victim was under 18 years of age at the time
23 of the commission of the offense, when a defendant is
24 convicted of aggravated criminal sexual assault or
25 predatory criminal sexual assault of a child under
26 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
HB3595 Enrolled - 1117 - LRB104 08153 BAB 18201 b
1 of Section 12-14.1 of the Criminal Code of 1961 or the
2 Criminal Code of 2012.
3 (5) When a defendant is convicted of a felony
4 violation of Section 24-1 of the Criminal Code of 1961 or
5 the Criminal Code of 2012 and there is a finding that the
6 defendant is a member of an organized gang.
7 (6) When a defendant was convicted of unlawful
8 possession of weapons under Section 24-1 of the Criminal
9 Code of 1961 or the Criminal Code of 2012 for possessing a
10 weapon that is not readily distinguishable as one of the
11 weapons enumerated in Section 24-1 of the Criminal Code of
12 1961 or the Criminal Code of 2012.
13 (7) When a defendant is convicted of an offense
14 involving the illegal manufacture of a controlled
15 substance under Section 401 of the Illinois Controlled
16 Substances Act, the illegal manufacture of methamphetamine
17 under Section 25 of the Methamphetamine Control and
18 Community Protection Act, or the illegal possession of
19 explosives and an emergency response officer in the
20 performance of his or her duties is killed or injured at
21 the scene of the offense while responding to the emergency
22 caused by the commission of the offense. In this
23 paragraph, "emergency" means a situation in which a
24 person's life, health, or safety is in jeopardy; and
25 "emergency response officer" means a peace officer,
26 community policing volunteer, fireman, emergency medical
HB3595 Enrolled - 1118 - LRB104 08153 BAB 18201 b
1 technician-ambulance, emergency medical
2 technician-intermediate, emergency medical
3 technician-paramedic, ambulance driver, other medical
4 assistance or first aid personnel, or hospital emergency
5 room personnel.
6 (8) When the defendant is convicted of attempted mob
7 action, solicitation to commit mob action, or conspiracy
8 to commit mob action under Section 8-1, 8-2, or 8-4 of the
9 Criminal Code of 2012, where the criminal object is a
10 violation of Section 25-1 of the Criminal Code of 2012,
11 and an electronic communication is used in the commission
12 of the offense. For the purposes of this paragraph (8),
13 "electronic communication" shall have the meaning provided
14 in Section 26.5-0.1 of the Criminal Code of 2012.
15 (d) For the purposes of this Section, "organized gang" has
16 the meaning ascribed to it in Section 10 of the Illinois
17 Streetgang Terrorism Omnibus Prevention Act.
18 (e) The court may impose an extended term sentence under
19 Article 4.5 of Chapter V upon an offender who has been
20 convicted of a felony violation of Section 11-1.20, 11-1.30,
21 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
22 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
23 when the victim of the offense is under 18 years of age at the
24 time of the commission of the offense and, during the
25 commission of the offense, the victim was under the influence
26 of alcohol, regardless of whether or not the alcohol was
HB3595 Enrolled - 1119 - LRB104 08153 BAB 18201 b
1 supplied by the offender; and the offender, at the time of the
2 commission of the offense, knew or should have known that the
3 victim had consumed alcohol.
4 (Source: P.A. 103-822, eff. 1-1-25; 103-825, eff. 1-1-25;
5 103-1071, eff. 7-1-25; 104-245, eff. 1-1-26; 104-417, eff.
6 8-15-25; revised 9-17-25.)
7 Section 310. The Stalking No Contact Order Act is amended
8 by changing Sections 80 and 115 as follows:
9 (740 ILCS 21/80)
10 Sec. 80. Stalking no contact orders; remedies.
11 (a) If the court finds that the petitioner has been a
12 victim of stalking, a stalking no contact order shall issue;
13 provided that the petitioner must also satisfy the
14 requirements of Section 95 on emergency orders or Section 100
15 on plenary orders. The petitioner shall not be denied a
16 stalking no contact order because the petitioner or the
17 respondent is a minor. The court, when determining whether or
18 not to issue a stalking no contact order, may not require
19 physical injury on the person of the petitioner. Modification
20 and extension of prior stalking no contact orders shall be in
21 accordance with this Act.
22 (b) A stalking no contact order shall order one or more of
23 the following:
24 (1) prohibit the respondent from threatening to commit
HB3595 Enrolled - 1120 - LRB104 08153 BAB 18201 b
1 or committing stalking;
2 (2) order the respondent not to have any contact with
3 the petitioner or a third person specifically named by the
4 court;
5 (3) prohibit the respondent from knowingly coming
6 within, or knowingly remaining within a specified distance
7 of the petitioner or the petitioner's residence, school,
8 early care and education daycare, or place of employment,
9 or any specified place frequented by the petitioner;
10 however, the court may order the respondent to stay away
11 from the respondent's own residence, school, or place of
12 employment only if the respondent has been provided actual
13 notice of the opportunity to appear and be heard on the
14 petition;
15 (4) prohibit the respondent from possessing a Firearm
16 Owners Identification Card, or possessing or buying
17 firearms;
18 (5) prohibit the respondent from using any electronic
19 tracking system or acquiring tracking information to
20 determine the petitioner's location, movement, or travel
21 pattern; and
22 (6) order other injunctive relief the court determines
23 to be necessary to protect the petitioner or third party
24 specifically named by the court.
25 (b-5) When the petitioner and the respondent attend the
26 same public, private, or non-public elementary, middle, or
HB3595 Enrolled - 1121 - LRB104 08153 BAB 18201 b
1 high school, the court when issuing a stalking no contact
2 order and providing relief shall consider the severity of the
3 act, any continuing physical danger or emotional distress to
4 the petitioner, the educational rights guaranteed to the
5 petitioner and respondent under federal and State law, the
6 availability of a transfer of the respondent to another
7 school, a change of placement or a change of program of the
8 respondent, the expense, difficulty, and educational
9 disruption that would be caused by a transfer of the
10 respondent to another school, and any other relevant facts of
11 the case. The court may order that the respondent not attend
12 the public, private, or non-public elementary, middle, or high
13 school attended by the petitioner, order that the respondent
14 accept a change of placement or program, as determined by the
15 school district or private or non-public school, or place
16 restrictions on the respondent's movements within the school
17 attended by the petitioner. The respondent bears the burden of
18 proving by a preponderance of the evidence that a transfer,
19 change of placement, or change of program of the respondent is
20 not available. The respondent also bears the burden of
21 production with respect to the expense, difficulty, and
22 educational disruption that would be caused by a transfer of
23 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
HB3595 Enrolled - 1122 - LRB104 08153 BAB 18201 b
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 In the event 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 (b-6) 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. In the event the court
22 orders a transfer of the respondent to another school, the
23 parents, guardian, or legal custodian of the respondent are
24 responsible for transportation and other costs associated with
25 the change of school by the respondent.
26 (b-7) The court shall not hold a school district or
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1 private or non-public school or any of its employees in civil
2 or criminal contempt unless the school district or private or
3 non-public school has been allowed to intervene.
4 (b-8) The court may hold the parents, guardian, or legal
5 custodian of a minor respondent in civil or criminal contempt
6 for a violation of any provision of any order entered under
7 this Act for conduct of the minor respondent in violation of
8 this Act if the parents, guardian, or legal custodian
9 directed, encouraged, or assisted the respondent minor in such
10 conduct.
11 (c) The court may award the petitioner costs and attorneys
12 fees if a stalking no contact order is granted.
13 (d) Monetary damages are not recoverable as a remedy.
14 (e) If the stalking no contact order prohibits the
15 respondent from possessing a Firearm Owner's Identification
16 Card, or possessing or buying firearms; the court shall
17 confiscate the respondent's Firearm Owner's Identification
18 Card and immediately return the card to the Illinois State
19 Police Firearm Owner's Identification Card Office.
20 (Source: P.A. 102-538, eff. 8-20-21; 103-760, eff. 1-1-25.)
21 (740 ILCS 21/115)
22 Sec. 115. Notice of orders.
23 (a) Upon issuance of any stalking no contact order, the
24 clerk shall immediately:
25 (1) enter the order on the record and file it in
HB3595 Enrolled - 1124 - LRB104 08153 BAB 18201 b
1 accordance with the circuit court procedures; and
2 (2) provide a file stamped copy of the order to the
3 respondent, if present, and to the petitioner.
4 (b) The clerk of the issuing judge shall, or the
5 petitioner may, on the same day that a stalking no contact
6 order is issued, file a certified copy of that order with the
7 sheriff or other law enforcement officials charged with
8 maintaining Illinois State Police records or charged with
9 serving the order upon the respondent. If the respondent, at
10 the time of the issuance of the order, is committed to the
11 custody of the Illinois Department of Corrections or Illinois
12 Department of Juvenile Justice or is on parole, aftercare
13 release, or mandatory supervised release, the sheriff or other
14 law enforcement officials charged with maintaining Illinois
15 State Police records shall notify the Department of
16 Corrections or Department of Juvenile Justice within 48 hours
17 of receipt of a copy of the stalking no contact order from the
18 clerk of the issuing judge or the petitioner. Such notice
19 shall include the name of the respondent, the respondent's
20 IDOC inmate number or IDJJ youth identification number, the
21 respondent's date of birth, and the LEADS Record Index Number.
22 (c) Unless the respondent was present in court when the
23 order was issued, the sheriff, other law enforcement official,
24 or special process server shall promptly serve that order upon
25 the respondent and file proof of such service in the manner
26 provided for service of process in civil proceedings. Instead
HB3595 Enrolled - 1125 - LRB104 08153 BAB 18201 b
1 of serving the order upon the respondent, however, the
2 sheriff, other law enforcement official, special process
3 server, or other persons defined in Section 117 may serve the
4 respondent with a short form notification as provided in
5 Section 117. If process has not yet been served upon the
6 respondent, it shall be served with the order or short form
7 notification if such service is made by the sheriff, other law
8 enforcement official, or special process server.
9 (d) If the person against whom the stalking no contact
10 order is issued is arrested and the written order is issued in
11 accordance with subsection (c) of Section 95 and received by
12 the custodial law enforcement agency before the respondent or
13 arrestee is released from custody, the custodial law
14 enforcement agent shall promptly serve the order upon the
15 respondent or arrestee before the respondent or arrestee is
16 released from custody. In no event shall detention of the
17 respondent or arrestee be extended for hearing on the petition
18 for stalking no contact order or receipt of the order issued
19 under Section 95 of this Act.
20 (e) Any order extending, modifying, or revoking any
21 stalking no contact order shall be promptly recorded, issued,
22 and served as provided in this Section.
23 (f) Upon the request of the petitioner, within 24 hours of
24 the issuance of a stalking no contact order, the clerk of the
25 issuing judge shall send written notice of the order along
26 with a certified copy of the order to any school, early care
HB3595 Enrolled - 1126 - LRB104 08153 BAB 18201 b
1 and education daycare, college, or university at which the
2 petitioner is enrolled.
3 (Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)
4 Section 315. The Civil No Contact Order Act is amended by
5 changing Section 213 as follows:
6 (740 ILCS 22/213)
7 Sec. 213. Civil no contact order; remedies.
8 (a) If the court finds that the petitioner has been a
9 victim of non-consensual sexual conduct or non-consensual
10 sexual penetration, a civil no contact order shall issue;
11 provided that the petitioner must also satisfy the
12 requirements of Section 214 on emergency orders or Section 215
13 on plenary orders. The petitioner shall not be denied a civil
14 no contact order because the petitioner or the respondent is a
15 minor. The court, when determining whether or not to issue a
16 civil no contact order, may not require physical injury on the
17 person of the victim. Modification and extension of prior
18 civil no contact orders shall be in accordance with this Act.
19 (a-5) (Blank).
20 (b) (Blank).
21 (b-5) The court may provide relief as follows:
22 (1) prohibit the respondent from knowingly coming
23 within, or knowingly remaining within, a specified
24 distance from the petitioner;
HB3595 Enrolled - 1127 - LRB104 08153 BAB 18201 b
1 (2) restrain the respondent from having any contact,
2 including nonphysical contact and electronic communication
3 as defined in Section 26.5-0.1 of the Criminal Code of
4 2012, with the petitioner directly, indirectly, or through
5 third parties, regardless of whether those third parties
6 know of the order;
7 (3) prohibit the respondent from knowingly coming
8 within, or knowingly remaining within, a specified
9 distance from the petitioner's residence, school, early
10 care and education day care or other specified location;
11 (4) order the respondent to stay away from any
12 property or animal owned, possessed, leased, kept, or held
13 by the petitioner and forbid the respondent from taking,
14 transferring, encumbering, concealing, harming, or
15 otherwise disposing of the property or animal; and
16 (5) order any other injunctive relief as necessary or
17 appropriate for the protection of the petitioner.
18 (b-6) When the petitioner and the respondent attend the
19 same public or private elementary, middle, or high school, the
20 court when issuing a civil no contact order and providing
21 relief shall consider the severity of the act, any continuing
22 physical danger or emotional distress to the petitioner, the
23 educational rights guaranteed to the petitioner and respondent
24 under federal and State law, the availability of a transfer of
25 the respondent to another school, a change of placement or a
26 change of program of the respondent, the expense, difficulty,
HB3595 Enrolled - 1128 - LRB104 08153 BAB 18201 b
1 and educational disruption that would be caused by a transfer
2 of the respondent to another school, and any other relevant
3 facts of the case. The court may order that the respondent not
4 attend the public, private, or non-public elementary, middle,
5 or high school attended by the petitioner, order that the
6 respondent accept a change of placement or program, as
7 determined by the school district or private or non-public
8 school, or place restrictions on the respondent's movements
9 within the school attended by the petitioner. The respondent
10 bears the burden of proving by a preponderance of the evidence
11 that a transfer, change of placement, or change of program of
12 the respondent is not available. The respondent also bears the
13 burden of production with respect to the expense, difficulty,
14 and educational disruption that would be caused by a transfer
15 of the respondent to another school. A transfer, change of
16 placement, or change of program is not unavailable to the
17 respondent solely on the ground that the respondent does not
18 agree with the school district's or private or non-public
19 school's transfer, change of placement, or change of program
20 or solely on the ground that the respondent fails or refuses to
21 consent to or otherwise does not take an action required to
22 effectuate a transfer, change of placement, or change of
23 program. When a court orders a respondent to stay away from the
24 public, private, or non-public school attended by the
25 petitioner and the respondent requests a transfer to another
26 attendance center within the respondent's school district or
HB3595 Enrolled - 1129 - LRB104 08153 BAB 18201 b
1 private or non-public school, the school district or private
2 or non-public school shall have sole discretion to determine
3 the attendance center to which the respondent is transferred.
4 In the event the court order results in a transfer of the minor
5 respondent to another attendance center, a change in the
6 respondent's placement, or a change of the respondent's
7 program, the parents, guardian, or legal custodian of the
8 respondent is responsible for transportation and other costs
9 associated with the transfer or change.
10 (b-7) The court may order the parents, guardian, or legal
11 custodian of a minor respondent to take certain actions or to
12 refrain from taking certain actions to ensure that the
13 respondent complies with the order. In the event the court
14 orders a transfer of the respondent to another school, the
15 parents or legal guardians of the respondent are responsible
16 for transportation and other costs associated with the change
17 of school by the respondent.
18 (c) Denial of a remedy may not be based, in whole or in
19 part, on evidence that:
20 (1) the respondent has cause for any use of force,
21 unless that cause satisfies the standards for justifiable
22 use of force provided by Article 7 of the Criminal Code of
23 2012;
24 (2) the respondent was voluntarily intoxicated;
25 (3) the petitioner acted in self-defense or defense of
26 another, provided that, if the petitioner utilized force,
HB3595 Enrolled - 1130 - LRB104 08153 BAB 18201 b
1 such force was justifiable under Article 7 of the Criminal
2 Code of 2012;
3 (4) the petitioner did not act in self-defense or
4 defense of another;
5 (5) the petitioner left the residence or household to
6 avoid further non-consensual sexual conduct or
7 non-consensual sexual penetration by the respondent; or
8 (6) the petitioner did not leave the residence or
9 household to avoid further non-consensual sexual conduct
10 or non-consensual sexual penetration by the respondent.
11 (d) Monetary damages are not recoverable as a remedy.
12 (Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22;
13 102-831, eff. 5-13-22.)
14 Section 320. The Illinois Parentage Act of 2015 is amended
15 by changing Section 106 as follows:
16 (750 ILCS 46/106)
17 Sec. 106. Protection of participants. Proceedings under
18 this Act are subject to other law of this State governing the
19 health, safety, privacy, and liberty of a child or other
20 individual who could be jeopardized by disclosure of
21 identifying information, including address, telephone number,
22 place of employment, social security number, and the child's
23 early care and education provider day-care facility and
24 school.
HB3595 Enrolled - 1131 - LRB104 08153 BAB 18201 b
1 (Source: P.A. 99-85, eff. 1-1-16.)
2 Section 325. The Illinois Domestic Violence Act of 1986 is
3 amended by changing Sections 203 and 222 as follows:
4 (750 ILCS 60/203) (from Ch. 40, par. 2312-3)
5 Sec. 203. Pleading; non-disclosure of address;
6 non-disclosure of schools.
7 (a) A petition for an order of protection shall be in
8 writing and verified or accompanied by affidavit and shall
9 allege that petitioner has been abused by respondent, who is a
10 family or household member. The petition shall further set
11 forth whether there is any other pending action between the
12 parties. During the pendency of this proceeding, each party
13 has a continuing duty to inform the court of any subsequent
14 proceeding for an order of protection in this or any other
15 state.
16 (b) If the petition states that disclosure of petitioner's
17 address would risk abuse of petitioner or any member of
18 petitioner's family or household or reveal the confidential
19 address of a shelter for domestic violence victims, that
20 address may be omitted from all documents filed with the
21 court. If disclosure is necessary to determine jurisdiction or
22 consider any venue issue, it shall be made orally and in
23 camera. If petitioner has not disclosed an address under this
24 subsection, petitioner shall designate an alternative address
HB3595 Enrolled - 1132 - LRB104 08153 BAB 18201 b
1 at which respondent may serve notice of any motions.
2 (c) If the petitioner is seeking to have a child protected
3 by the order of protection, and if that child is enrolled in
4 any early care and education day-care facility, pre-school,
5 pre-kindergarten, private school, public school district,
6 college, or university, the petitioner may provide the name
7 and address of the early care and education day-care facility,
8 pre-school, pre-kindergarten, private school, public school
9 district, college, or university to the court. However, if the
10 petition states that disclosure of this information would risk
11 abuse to petitioner or to the child protected under the order,
12 this information may be omitted from all documents filed with
13 the court.
14 (Source: P.A. 92-90, eff. 7-18-01.)
15 (750 ILCS 60/222) (from Ch. 40, par. 2312-22)
16 Sec. 222. Notice of orders.
17 (a) Entry and issuance. Upon issuance of any order of
18 protection, the clerk shall immediately (i) enter the order on
19 the record and file it in accordance with the circuit court
20 procedures and (ii) provide a file stamped copy of the order to
21 respondent, if present, and to petitioner.
22 (b) Filing with sheriff or other law enforcement
23 officials. The clerk of the issuing judge shall, or the
24 petitioner may, on the same day that an order of protection is
25 issued, file a certified copy of that order with the sheriff or
HB3595 Enrolled - 1133 - LRB104 08153 BAB 18201 b
1 other law enforcement officials charged with maintaining
2 Illinois State Police records or charged with serving the
3 order upon respondent or executing any search warrant issued
4 under paragraph (14.5) of subsection (b) of Section 214 of
5 this Act. If a search warrant is issued under paragraph (14.5)
6 of subsection (b) of Section 214 of this Act, the clerk of the
7 issuing judge shall, or the petitioner may, on the same day
8 that the warrant is issued, transmit the warrant to the law
9 enforcement agency to which the warrant is directed. If the
10 respondent, at the time of the issuance of the order, is
11 committed to the custody of the Illinois Department of
12 Corrections or Illinois Department of Juvenile Justice or is
13 on parole, aftercare release, or mandatory supervised release,
14 the sheriff or other law enforcement officials charged with
15 maintaining Illinois State Police records shall notify the
16 Department of Corrections or Department of Juvenile Justice
17 within 48 hours of receipt of a copy of the order of protection
18 from the clerk of the issuing judge or the petitioner. Such
19 notice shall include the name of the respondent, the
20 respondent's IDOC inmate number or IDJJ youth identification
21 number, the respondent's date of birth, and the LEADS Record
22 Index Number.
23 (c) Service by sheriff. Unless respondent was present in
24 court when the order was issued, the sheriff, other law
25 enforcement official or special process server shall promptly
26 serve that order upon respondent and file proof of such
HB3595 Enrolled - 1134 - LRB104 08153 BAB 18201 b
1 service, in the manner provided for service of process in
2 civil proceedings. Instead of serving the order upon the
3 respondent, however, the sheriff, other law enforcement
4 official, special process server, or other persons defined in
5 Section 222.10 may serve the respondent with a short form
6 notification as provided in Section 222.10. If process has not
7 yet been served upon the respondent, it shall be served with
8 the order or short form notification if such service is made by
9 the sheriff, other law enforcement official, or special
10 process server. A single fee may be charged for service of an
11 order obtained in civil court, or for service of such an order
12 together with process, unless waived or deferred under Section
13 210.
14 (c-5) If the person against whom the order of protection
15 is issued is arrested and the written order is issued in
16 accordance with subsection (c) of Section 217 and received by
17 the custodial law enforcement agency before the respondent or
18 arrestee is released from custody, the custodial law
19 enforcement agent shall promptly serve the order upon the
20 respondent or arrestee before the respondent or arrestee is
21 released from custody. In no event shall detention of the
22 respondent or arrestee be extended for hearing on the petition
23 for order of protection or receipt of the order issued under
24 Section 217 of this Act.
25 (d) Extensions, modifications and revocations. Any order
26 extending, modifying or revoking any order of protection shall
HB3595 Enrolled - 1135 - LRB104 08153 BAB 18201 b
1 be promptly recorded, issued and served as provided in this
2 Section.
3 (e) Notice to schools. Upon the request of the petitioner,
4 within 24 hours of the issuance of an order of protection, the
5 clerk of the issuing judge shall send a certified copy of the
6 order of protection to the early care and education day-care
7 facility, pre-school or pre-kindergarten, or private school or
8 the principal office of the public school district or any
9 college or university in which any child who is a protected
10 person under the order of protection or any child of the
11 petitioner is enrolled as requested by the petitioner at the
12 mailing address provided by the petitioner. If the child
13 transfers enrollment to another early care and education
14 day-care facility, pre-school, pre-kindergarten, private
15 school, public school, college, or university, the petitioner
16 may, within 24 hours of the transfer, send to the clerk written
17 notice of the transfer, including the name and address of the
18 institution to which the child is transferring. Within 24
19 hours of receipt of notice from the petitioner that a child is
20 transferring to another early care and education day-care
21 facility, pre-school, pre-kindergarten, private school, public
22 school, college, or university, the clerk shall send a
23 certified copy of the order to the institution to which the
24 child is transferring.
25 (f) Disclosure by schools. After receiving a certified
26 copy of an order of protection that prohibits a respondent's
HB3595 Enrolled - 1136 - LRB104 08153 BAB 18201 b
1 access to records, neither an early care and education a
2 day-care facility, pre-school, pre-kindergarten, public or
3 private school, college, or university nor its employees shall
4 allow a respondent access to a protected child's records or
5 release information in those records to the respondent. The
6 school shall file the copy of the order of protection in the
7 records of a child who is a protected person under the order of
8 protection. When a child who is a protected person under the
9 order of protection transfers to another early care and
10 education day-care facility, pre-school, pre-kindergarten,
11 public or private school, college, or university, the
12 institution from which the child is transferring may, at the
13 request of the petitioner, provide, within 24 hours of the
14 transfer, written notice of the order of protection, along
15 with a certified copy of the order, to the institution to which
16 the child is transferring.
17 (g) Notice to health care facilities and health care
18 practitioners. Upon the request of the petitioner, the clerk
19 of the circuit court shall send a certified copy of the order
20 of protection to any specified health care facility or health
21 care practitioner requested by the petitioner at the mailing
22 address provided by the petitioner.
23 (h) Disclosure by health care facilities and health care
24 practitioners. After receiving a certified copy of an order of
25 protection that prohibits a respondent's access to records, no
26 health care facility or health care practitioner shall allow a
HB3595 Enrolled - 1137 - LRB104 08153 BAB 18201 b
1 respondent access to the records of any child who is a
2 protected person under the order of protection, or release
3 information in those records to the respondent, unless the
4 order has expired or the respondent shows a certified copy of
5 the court order vacating the corresponding order of protection
6 that was sent to the health care facility or practitioner.
7 Nothing in this Section shall be construed to require health
8 care facilities or health care practitioners to alter
9 procedures related to billing and payment. The health care
10 facility or health care practitioner may file the copy of the
11 order of protection in the records of a child who is a
12 protected person under the order of protection, or may employ
13 any other method to identify the records to which a respondent
14 is prohibited access. No health care facility or health care
15 practitioner shall be civilly or professionally liable for
16 reliance on a copy of an order of protection, except for
17 willful and wanton misconduct.
18 (Source: P.A. 102-538, eff. 8-20-21; 103-1065, eff. 5-11-25.)
19 Section 330. The Illinois Human Rights Act is amended by
20 changing Section 5-101 as follows:
21 (775 ILCS 5/5-101) (from Ch. 68, par. 5-101)
22 Sec. 5-101. Definitions. The following definitions are
23 applicable strictly in the context of this Article:
24 (A) Place of Public Accommodation. "Place of public
HB3595 Enrolled - 1138 - LRB104 08153 BAB 18201 b
1 accommodation" includes, but is not limited to:
2 (1) an inn, hotel, motel, or other place of lodging,
3 except for an establishment located within a building that
4 contains not more than 5 units for rent or hire and that is
5 actually occupied by the proprietor of such establishment
6 as the residence of such proprietor;
7 (2) a restaurant, bar, or other establishment serving
8 food or drink;
9 (3) a motion picture house, theater, concert hall,
10 stadium, or other place of exhibition or entertainment;
11 (4) an auditorium, convention center, lecture hall, or
12 other place of public gathering;
13 (5) a bakery, grocery store, clothing store, hardware
14 store, shopping center, or other sales or rental
15 establishment;
16 (6) a laundromat, dry-cleaner, bank, barber shop,
17 beauty shop, travel service, shoe repair service, funeral
18 parlor, gas station, office of an accountant or lawyer,
19 pharmacy, insurance office, professional office of a
20 health care provider, hospital, or other service
21 establishment;
22 (7) public conveyances on air, water, or land;
23 (8) a terminal, depot, or other station used for
24 specified public transportation;
25 (9) a museum, library, gallery, or other place of
26 public display or collection;
HB3595 Enrolled - 1139 - LRB104 08153 BAB 18201 b
1 (10) a park, zoo, amusement park, or other place of
2 recreation;
3 (11) a non-sectarian nursery, early care and education
4 day care center, elementary, secondary, undergraduate, or
5 postgraduate school, or other place of education;
6 (12) a senior citizen center, homeless shelter, food
7 bank, non-sectarian adoption agency, or other social
8 service center establishment; and
9 (13) a gymnasium, health spa, bowling alley, golf
10 course, or other place of exercise or recreation.
11 (B) Operator. "Operator" means any owner, lessee,
12 proprietor, manager, superintendent, agent, or occupant of a
13 place of public accommodation or an employee of any such
14 person or persons.
15 (C) Public Official. "Public official" means any officer
16 or employee of the state or any agency thereof, including
17 state political subdivisions, municipal corporations, park
18 districts, forest preserve districts, educational
19 institutions, and schools.
20 (Source: P.A. 100-863, eff. 8-14-18.)
21 Section 335. The Minimum Wage Law is amended by changing
22 Section 3 as follows:
23 (820 ILCS 105/3) (from Ch. 48, par. 1003)
24 Sec. 3. As used in this Act:
HB3595 Enrolled - 1140 - LRB104 08153 BAB 18201 b
1 (a) "Director" means the Director of the Department of
2 Labor, and "Department" means the Department of Labor.
3 (b) "Wages" means compensation due to an employee by
4 reason of his employment, including allowances determined by
5 the Director in accordance with the provisions of this Act for
6 gratuities and, when furnished by the employer, for meals and
7 lodging actually used by the employee.
8 (c) "Employer" includes any individual, partnership,
9 association, corporation, limited liability company, business
10 trust, governmental or quasi-governmental body, or any person
11 or group of persons acting directly or indirectly in the
12 interest of an employer in relation to an employee, for which
13 one or more persons are gainfully employed on some day within a
14 calendar year. An employer is subject to this Act in a calendar
15 year on and after the first day in such calendar year in which
16 he employs one or more persons, and for the following calendar
17 year.
18 (d) "Employee" includes any individual permitted to work
19 by an employer in an occupation, and includes, notwithstanding
20 subdivision (1) of this subsection (d), one or more domestic
21 workers as defined in Section 10 of the Domestic Workers' Bill
22 of Rights Act, but does not include any individual permitted
23 to work:
24 (1) For an employer employing fewer than 4 employees
25 exclusive of the employer's parent, spouse or child or
26 other members of his immediate family.
HB3595 Enrolled - 1141 - LRB104 08153 BAB 18201 b
1 (2) As an employee employed in agriculture or
2 aquaculture (A) if such employee is employed by an
3 employer who did not, during any calendar quarter during
4 the preceding calendar year, use more than 500 man-days of
5 agricultural or aquacultural labor, (B) if such employee
6 is the parent, spouse or child, or other member of the
7 employer's immediate family, (C) if such employee (i) is
8 employed as a hand harvest laborer and is paid on a piece
9 rate basis in an operation which has been, and is
10 customarily and generally recognized as having been, paid
11 on a piece rate basis in the region of employment, (ii)
12 commutes daily from his permanent residence to the farm on
13 which he is so employed, and (iii) has been employed in
14 agriculture less than 13 weeks during the preceding
15 calendar year, (D) if such employee (other than an
16 employee described in clause (C) of this subparagraph):
17 (i) is 16 years of age or under and is employed as a hand
18 harvest laborer, is paid on a piece rate basis in an
19 operation which has been, and is customarily and generally
20 recognized as having been, paid on a piece rate basis in
21 the region of employment, (ii) is employed on the same
22 farm as his parent or person standing in the place of his
23 parent, and (iii) is paid at the same piece rate as
24 employees over 16 are paid on the same farm.
25 (3) (Blank).
26 (4) As an outside salesman.
HB3595 Enrolled - 1142 - LRB104 08153 BAB 18201 b
1 (5) As a member of a religious corporation or
2 organization.
3 (6) At an accredited Illinois college or university
4 employed by the college or university at which he is a
5 student who is covered under the provisions of the Fair
6 Labor Standards Act of 1938, as heretofore or hereafter
7 amended.
8 (7) For a motor carrier and with respect to whom the
9 U.S. Secretary of Transportation has the power to
10 establish qualifications and maximum hours of service
11 under the provisions of Title 49 U.S.C. or the State of
12 Illinois under Section 18b-105 (Title 92 of the Illinois
13 Administrative Code, Part 395 - Hours of Service of
14 Drivers) of the Illinois Vehicle Code.
15 (8) As an employee employed as a player who is 28 years
16 old or younger, a manager, a coach, or an athletic trainer
17 by a minor league professional baseball team not
18 affiliated with a major league baseball club, if (A) the
19 minor league professional baseball team does not operate
20 for more than 7 months in any calendar year or (B) during
21 the preceding calendar year, the minor league professional
22 baseball team's average receipts for any 6-month period of
23 the year were not more than 33 1/3% of its average receipts
24 for the other 6 months of the year.
25 The above exclusions from the term "employee" may be
26 further defined by regulations of the Director.
HB3595 Enrolled - 1143 - LRB104 08153 BAB 18201 b
1 (e) "Occupation" means an industry, trade, business or
2 class of work in which employees are gainfully employed.
3 (f) "Gratuities" means voluntary monetary contributions to
4 an employee from a guest, patron or customer in connection
5 with services rendered.
6 (g) "Outside salesman" means an employee regularly engaged
7 in making sales or obtaining orders or contracts for services
8 where a major portion of such duties are performed away from
9 his employer's place of business.
10 (h) "Day camp" means a seasonal recreation program in
11 operation for no more than 16 weeks intermittently throughout
12 the calendar year, accommodating for profit or under
13 philanthropic or charitable auspices, 5 or more children under
14 18 years of age, not including overnight programs. The term
15 "day camp" does not include a "early care and education day
16 care agency", "early care and education child care facility"
17 or "foster family home" as licensed by the Illinois Department
18 of Children and Family Services.
19 (Source: P.A. 99-758, eff. 1-1-17; 100-192, eff. 8-18-17.)
20 Section 340. The Domestic Workers' Bill of Rights Act is
21 amended by changing Section 10 as follows:
22 (820 ILCS 182/10)
23 Sec. 10. Definitions. As used in this Act:
24 "Domestic work" means:
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1 (1) housekeeping;
2 (2) house cleaning;
3 (3) home management;
4 (4) nanny services including early care and education
5 childcare and child monitoring;
6 (5) caregiving, personal care or home health services
7 for elderly persons or persons with an illness, injury, or
8 disability who require assistance in caring for
9 themselves;
10 (6) laundering;
11 (7) cooking;
12 (8) companion services;
13 (9) chauffeuring; or
14 (10) other household services for members of
15 households or their guests in or about a private home or
16 residence or any other location where the domestic work is
17 performed.
18 "Domestic worker" means a person employed to perform
19 domestic work. "Domestic worker" does not include: (i) a
20 person performing domestic work who is the employer's parent,
21 spouse, child, or other member of his or her immediate family,
22 exclusive of individuals whose primary work duties are
23 caregiving, companion services, personal care or home health
24 services for elderly persons or persons with an illness,
25 injury, or disability who require assistance in caring for
26 themselves; (ii) child and early care and education day care
HB3595 Enrolled - 1145 - LRB104 08153 BAB 18201 b
1 home providers participating in the child care assistance
2 program under Section 9A-11 of the Illinois Public Aid Code;
3 (iii) a person who is employed by one or more employers in or
4 about a private home or residence or any other location where
5 the domestic work is performed for 8 hours or less in the
6 aggregate in any workweek on a regular basis, exclusive of
7 individuals whose primary work duties are caregiving,
8 companion services, personal care or home health services for
9 elderly persons or persons with an illness, injury, or
10 disability who require assistance in caring for themselves; or
11 (iv) a person who the employer establishes: (A) has been and
12 will continue to be free from control and direction over the
13 performance of his or her work, both under a contract of
14 service and in fact; (B) is engaged in an independently
15 established trade, occupation, profession or business; or (C)
16 is deemed a legitimate sole proprietor or partnership. A sole
17 proprietor or partnership shall be deemed to be legitimate if
18 the employer establishes that:
19 (1) the sole proprietor or partnership is performing
20 the service free from the direction or control over the
21 means and manner of providing the service, subject only to
22 the right of the employer for whom the service is provided
23 to specify the desired result;
24 (2) the sole proprietor or partnership is not subject
25 to cancellation or destruction upon severance of the
26 relationship with the employer;
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1 (3) the sole proprietor or partnership has a
2 substantial investment of capital in the sole
3 proprietorship or partnership beyond ordinary tools and
4 equipment and a personal vehicle;
5 (4) the sole proprietor or partnership owns the
6 capital goods and gains the profits and bears the losses
7 of the sole proprietorship or partnership;
8 (5) the sole proprietor or partnership makes its
9 services available to the general public on a continuing
10 basis;
11 (6) the sole proprietor or partnership includes
12 services rendered on a Federal Income Tax Schedule as an
13 independent business or profession;
14 (7) the sole proprietor or partnership performs
15 services for the contractor under the sole
16 proprietorship's or partnership's name;
17 (8) when the services being provided require a license
18 or permit, the sole proprietor or partnership obtains and
19 pays for the license or permit in the sole
20 proprietorship's or partnership's name;
21 (9) the sole proprietor or partnership furnishes the
22 tools and equipment necessary to provide the service;
23 (10) if necessary, the sole proprietor or partnership
24 hires its own employees without approval of the employer,
25 pays the employees without reimbursement from the employer
26 and reports the employees' income to the Internal Revenue
HB3595 Enrolled - 1147 - LRB104 08153 BAB 18201 b
1 Service;
2 (11) the employer does not represent the sole
3 proprietorship or partnership as an employee of the
4 employer to the public; and
5 (12) the sole proprietor or partnership has the right
6 to perform similar services for others on whatever basis
7 and whenever it chooses.
8 "Employ" includes to suffer or permit to work.
9 "Employee" means a domestic worker.
10 "Employer" means: any individual; partnership;
11 association; corporation; limited liability company; business
12 trust; employment and labor placement agency where wages are
13 made directly or indirectly by the agency or business for work
14 undertaken by employees under hire to a third party pursuant
15 to a contract between the business or agency with the third
16 party; the State of Illinois and local governments, or any
17 political subdivision of the State or local government, or
18 State or local government agency; for which one or more
19 persons is gainfully employed, express or implied, whether
20 lawfully or unlawfully employed, who employs a domestic worker
21 or who exercises control over the domestic worker's wage,
22 remuneration, or other compensation, hours of employment,
23 place of employment, or working conditions, or whose agent or
24 any other person or group of persons acting directly or
25 indirectly in the interest of an employer in relation to the
26 employee exercises control over the domestic worker's wage,
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1 remuneration or other compensation, hours of employment, place
2 of employment, or working conditions.
3 (Source: P.A. 99-758, eff. 1-1-17.)
4 Section 995. No acceleration or delay. Where this Act
5 makes changes in a statute that is represented in this Act by
6 text that is not yet or no longer in effect (for example, a
7 Section represented by multiple versions), the use of that
8 text does not accelerate or delay the taking effect of (i) the
9 changes made by this Act or (ii) provisions derived from any
10 other Public Act.
11 Section 999. Effective date. This Act takes effect July 1,
12 2026.Every fact on this page links to its source, starting with the official bill record.