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Illinois General Assembly· HB 3595Governor Approved

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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
    HB3595 Enrolled  -2-               LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled          -3-  LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled   -4-  LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  -5-                  LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  -6-  LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  -7-                  LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  -8-  LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  -9-  LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 13 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled  - 17 - LRB104 08153 BAB 18201 b

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:
    HB3595 Enrolled  - 18 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled       - 19 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled       - 66 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled              - 68 - LRB104 08153 BAB 18201 b

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.
   HB3595 Enrolled  - 69 - LRB104 08153 BAB 18201 b

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
   HB3595 Enrolled  - 70 - LRB104 08153 BAB 18201 b

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
   HB3595 Enrolled  - 71 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 72 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 73 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 74 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled  - 75 - LRB104 08153 BAB 18201 b

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;
    HB3595 Enrolled     - 76 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled  - 77 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 78 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 82 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 84 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 85 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 87 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled             - 94 - LRB104 08153 BAB 18201 b

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
HB3595 Enrolled  - 110 - LRB104 08153 BAB 18201 b

 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
    HB3595 Enrolled  - 111 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 112 - LRB104 08153 BAB 18201 b

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;
    HB3595 Enrolled  - 113 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled     - 114 - LRB104 08153 BAB 18201 b

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;
    HB3595 Enrolled  - 115 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 116 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 117 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled           - 118 - LRB104 08153 BAB 18201 b

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
HB3595 Enrolled  - 119 - LRB104 08153 BAB 18201 b

 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
   HB3595 Enrolled     - 120 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled     - 121 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled      - 122 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 123 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 124 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 125 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 126 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled       - 127 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled     - 128 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled            - 129 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled   - 130 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 131 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled          - 132 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled             - 133 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled         - 134 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled          - 135 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 136 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled        - 137 - LRB104 08153 BAB 18201 b

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)
    HB3595 Enrolled       - 138 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled          - 139 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled       - 140 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled             - 141 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled     - 142 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled  - 143 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled          - 144 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled          - 145 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled       - 146 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled  - 148 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled         - 149 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled       - 150 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled         - 151 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 152 - LRB104 08153 BAB 18201 b

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,
HB3595 Enrolled  - 153 - LRB104 08153 BAB 18201 b

 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
    HB3595 Enrolled        - 154 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 157 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled          - 158 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 160 - LRB104 08153 BAB 18201 b

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;
    HB3595 Enrolled  - 161 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled        - 162 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled      - 164 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 165 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled       - 179 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 180 - LRB104 08153 BAB 18201 b

 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.
    HB3595 Enrolled        - 182 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled  - 185 - LRB104 08153 BAB 18201 b

 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
    HB3595 Enrolled        - 186 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 187 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled      - 188 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled      - 189 - LRB104 08153 BAB 18201 b

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
   HB3595 Enrolled           - 192 - LRB104 08153 BAB 18201 b

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:
    HB3595 Enrolled       - 194 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled  - 195 - LRB104 08153 BAB 18201 b

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
   HB3595 Enrolled  - 197 - LRB104 08153 BAB 18201 b

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
   HB3595 Enrolled            - 199 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled         - 200 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled           - 201 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled           - 202 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 203 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled     - 204 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled           - 205 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled  - 206 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 207 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 208 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 209 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 210 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled      - 211 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 212 - LRB104 08153 BAB 18201 b

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
   HB3595 Enrolled  - 213 - LRB104 08153 BAB 18201 b

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
   HB3595 Enrolled  - 214 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled          - 215 - LRB104 08153 BAB 18201 b

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
         HB3595 Enrolled      - 216 - LRB104 08153 BAB 18201 b
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
         HB3595 Enrolled    - 217 - LRB104 08153 BAB 18201 b
                                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
    HB3595 Enrolled           - 218 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled           - 219 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 220 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 222 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 223 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 226 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled  - 227 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 228 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 229 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled         - 230 - LRB104 08153 BAB 18201 b

 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
    HB3595 Enrolled  - 231 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled       - 232 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 233 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 234 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled     - 235 - LRB104 08153 BAB 18201 b

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
         HB3595 Enrolled     - 236 - LRB104 08153 BAB 18201 b
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
    HB3595 Enrolled  - 237 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 238 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 239 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled      - 240 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled             - 241 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled             - 242 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 243 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled      - 244 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 245 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled           - 246 - LRB104 08153 BAB 18201 b

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:
    HB3595 Enrolled     - 247 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled     - 248 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled            - 249 - LRB104 08153 BAB 18201 b

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
   HB3595 Enrolled  - 272 - LRB104 08153 BAB 18201 b

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
HB3595 Enrolled  - 273 - LRB104 08153 BAB 18201 b

 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
    HB3595 Enrolled  - 274 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled  - 275 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled  - 276 - LRB104 08153 BAB 18201 b

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
   HB3595 Enrolled  - 277 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled           - 278 - LRB104 08153 BAB 18201 b

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
   HB3595 Enrolled        - 279 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 280 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled       - 282 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 283 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 284 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 285 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled    - 286 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled  - 287 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled             - 288 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 289 - LRB104 08153 BAB 18201 b

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;
    HB3595 Enrolled  - 290 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 291 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 292 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 293 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 294 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 295 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 296 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 297 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled    - 298 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 299 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 300 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled    - 301 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled      - 302 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled  - 303 - LRB104 08153 BAB 18201 b

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
   HB3595 Enrolled             - 305 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 306 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled             - 307 - LRB104 08153 BAB 18201 b

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
   HB3595 Enrolled            - 308 - LRB104 08153 BAB 18201 b

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
HB3595 Enrolled  - 309 - LRB104 08153 BAB 18201 b

 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
    HB3595 Enrolled       - 310 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 311 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled   - 312 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled  - 313 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled  - 314 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled  - 315 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 316 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 317 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 318 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 319 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 320 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled    - 321 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled          - 322 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 323 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 324 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled  - 325 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 326 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled          - 327 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 328 - LRB104 08153 BAB 18201 b

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
HB3595 Enrolled  - 329 - LRB104 08153 BAB 18201 b

 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
    HB3595 Enrolled  - 330 - LRB104 08153 BAB 18201 b

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
   HB3595 Enrolled  - 332 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 333 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled           - 334 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled        - 335 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 336 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled       - 338 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 339 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled  - 340 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 341 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled    - 342 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 343 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled             - 344 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled           - 345 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 346 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled  - 348 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 349 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 350 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 351 - LRB104 08153 BAB 18201 b

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:
    HB3595 Enrolled  - 352 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 353 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 360 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled             - 361 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 362 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 363 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled            - 364 - LRB104 08153 BAB 18201 b

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
HB3595 Enrolled  - 365 - LRB104 08153 BAB 18201 b

 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
    HB3595 Enrolled       - 366 - LRB104 08153 BAB 18201 b

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,
   HB3595 Enrolled      - 367 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled    - 368 - LRB104 08153 BAB 18201 b

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)
    HB3595 Enrolled     - 369 - LRB104 08153 BAB 18201 b

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;
    HB3595 Enrolled  - 371 - LRB104 08153 BAB 18201 b

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.
HB3595 Enrolled  - 372 - LRB104 08153 BAB 18201 b

 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
    HB3595 Enrolled  - 373 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled       - 374 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 375 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled           - 377 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled   - 378 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled       - 379 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 380 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 381 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled   - 382 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 406 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 407 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 408 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 409 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 410 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 411 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 412 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled        - 413 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 414 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 415 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled    - 416 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 417 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled         - 418 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 419 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled          - 420 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled          - 421 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled        - 423 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled       - 424 - LRB104 08153 BAB 18201 b

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;
    HB3595 Enrolled           - 426 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled     - 526 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 590 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled  - 594 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled          - 655 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled           - 657 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled       - 658 - LRB104 08153 BAB 18201 b

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
   HB3595 Enrolled        - 659 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 661 - 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 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
    HB3595 Enrolled  - 662 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 663 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled        - 670 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 671 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled   - 772 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 859 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled     - 867 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled           - 877 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled      - 878 - LRB104 08153 BAB 18201 b

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.
    HB3595 Enrolled     - 879 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled    - 880 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 884 - LRB104 08153 BAB 18201 b

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),
    HB3595 Enrolled  - 1032 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 1033 - LRB104 08153 BAB 18201 b

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),
    HB3595 Enrolled  - 1035 - LRB104 08153 BAB 18201 b

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:
    HB3595 Enrolled  - 1036 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled         - 1037 - LRB104 08153 BAB 18201 b

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:
    HB3595 Enrolled  - 1038 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled       - 1039 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled       - 1040 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled          - 1041 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled  - 1043 - LRB104 08153 BAB 18201 b

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
    HB3595 Enrolled          - 1123 - LRB104 08153 BAB 18201 b

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:
    HB3595 Enrolled      - 1144 - LRB104 08153 BAB 18201 b

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;
    HB3595 Enrolled  - 1146 - LRB104 08153 BAB 18201 b

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,
    HB3595 Enrolled   - 1148 - LRB104 08153 BAB 18201 b

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.
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