Bill Text: IL HB3848 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Emergency Telephone System Act, the School Code, the Public Utilities Act, the Smoke Detector Act, and other Acts by replacing all references to "hearing impaired" with "deaf, hard of hearing, and DeafBlind." Amends the Statutes in Statutes. Defines "DeafBlind." Provides that except where the context indicates otherwise, in any rule, contract, or other document a reference to the term "hearing impaired" shall be considered a reference to the term "deaf" or "hard of hearing". Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-05-30 - Referred to Rules Committee [HB3848 Detail]

Download: Illinois-2019-HB3848-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3848 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED:
5 ILCS 70/1.43 new
5 ILCS 70/1.44 new
50 ILCS 750/2 from Ch. 134, par. 32
50 ILCS 750/6.1 from Ch. 134, par. 36.1
105 ILCS 5/2-3.83 from Ch. 122, par. 2-3.83
105 ILCS 5/14-11.02 from Ch. 122, par. 14-11.02
220 ILCS 5/13-213 from Ch. 111 2/3, par. 13-213
425 ILCS 60/3 from Ch. 127 1/2, par. 803
510 ILCS 5/15 from Ch. 8, par. 365
510 ILCS 5/15.1
510 ILCS 70/7.15
775 ILCS 5/8-102 from Ch. 68, par. 8-102
775 ILCS 30/3 from Ch. 23, par. 3363
Amends the Emergency Telephone System Act, the School Code, the Public Utilities Act, the Smoke Detector Act, and other Acts by replacing all references to "hearing impaired" with "deaf, hard of hearing, and DeafBlind." Amends the Statutes in Statutes. Defines "DeafBlind." Provides that except where the context indicates otherwise, in any rule, contract, or other document a reference to the term "hearing impaired" shall be considered a reference to the term "deaf" or "hard of hearing". Effective immediately.
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A BILL FOR
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AN ACT concerning persons who are deaf, hard of hearing, or
DeafBlind.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Statute on Statutes is amended by adding
Sections 1.43 and 1.44 as follows:
(5 ILCS 70/1.43 new)
Sec. 1.43. Hearing impaired. Except where the context
indicates otherwise, in any rule, contract, or other document a
reference to the term "hearing impaired" shall be considered a
reference to the term "deaf" or "hard of hearing". The use of
either "hearing impaired", "deaf", or "hard of hearing" shall
not invalidate any rule, contract, or other document.
(5 ILCS 70/1.44 new)
Sec. 1.44. DeafBlind. "DeafBlind" means a person who may be
born without significant use of visual and auditory senses or
may experience progressive loss of both senses over a period of
a lifetime. A DeafBlind person may use touch as his or her
primary sense in order to engage with his or her physical and
social environment. A DeafBlind person's touch senses may be
enhanced through the use of low-tech and high-tech solutions
such as white canes, braille and electronics, also known as

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adaptive technologies. Communication may involve spoken,
written, signed, and touch languages. Services may include
intervenors for educational development, support service
providers for access to non-touch-accessible interactions, and
tactile interpreting, as well as transitional services for
those experiencing progressive loss.
Section 10. The Emergency Telephone System Act is amended
by changing Sections 2 and 6.1 as follows:
(50 ILCS 750/2) (from Ch. 134, par. 32)
(Section scheduled to be repealed on December 31, 2020)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"9-1-1 network" means the network used for the delivery of
9-1-1 calls and messages over dedicated and redundant
facilities to a primary or backup 9-1-1 PSAP that meets P.01
grade of service standards for basic 9-1-1 and enhanced 9-1-1
services or meets national I3 industry call delivery standards
for Next Generation 9-1-1 services.
"9-1-1 system" means the geographic area that has been
granted an order of authority by the Commission or the
Statewide 9-1-1 Administrator to use "9-1-1" as the primary
emergency telephone number.
"9-1-1 Authority" includes an Emergency Telephone System
Board, Joint Emergency Telephone System Board, and a qualified

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governmental entity. "9-1-1 Authority" includes the Department
of State Police only to the extent it provides 9-1-1 services
under this Act.
"Administrator" means the Statewide 9-1-1 Administrator.
"Advanced service" means any telecommunications service
with or without dynamic bandwidth allocation, including, but
not limited to, ISDN Primary Rate Interface (PRI), that,
through the use of a DS-1, T-1, or other un-channelized or
multi-channel transmission facility, is capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency.
"ALI" or "automatic location identification" means, in an
E9-1-1 system, the automatic display at the public safety
answering point of the caller's telephone number, the address
or location of the telephone, and supplementary emergency
services information.
"ANI" or "automatic number identification" means the
automatic display of the 9-1-1 calling party's number on the
PSAP monitor.
"Automatic alarm" and "automatic alerting device" mean any
device that will access the 9-1-1 system for emergency services
upon activation.
"Backup PSAP" means a public safety answering point that
serves as an alternate to the PSAP for enhanced systems and is
at a different location and operates independently from the

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PSAP. A backup PSAP may accept overflow calls from the PSAP or
be activated if the primary PSAP is disabled.
"Board" means an Emergency Telephone System Board or a
Joint Emergency Telephone System Board created pursuant to
Section 15.4.
"Carrier" includes a telecommunications carrier and a
wireless carrier.
"Commission" means the Illinois Commerce Commission.
"Computer aided dispatch" or "CAD" means a computer-based
system that aids PSAP telecommunicators by automating selected
dispatching and recordkeeping activities.
"Direct dispatch method" means a 9-1-1 service that
provides for the direct dispatch by a PSAP telecommunicator of
the appropriate unit upon receipt of an emergency call and the
decision as to the proper action to be taken.
"Department" means the Department of State Police.
"DS-1, T-1, or similar un-channelized or multi-channel
transmission facility" means a facility that can transmit and
receive a bit rate of at least 1.544 megabits per second
(Mbps).
"Dynamic bandwidth allocation" means the ability of the
facility or customer to drop and add channels, or adjust
bandwidth, when needed in real time for voice or data purposes.
"Enhanced 9-1-1" or "E9-1-1" means a telephone system that
includes network switching, database and PSAP premise elements
capable of providing automatic location identification data,

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selective routing, selective transfer, fixed transfer, and a
call back number, including any enhanced 9-1-1 service so
designated by the Federal Communications Commission in its
report and order in WC Dockets Nos. 04-36 and 05-196, or any
successor proceeding.
"ETSB" means an emergency telephone system board appointed
by the corporate authorities of any county or municipality that
provides for the management and operation of a 9-1-1 system.
"Deaf, hard of hearing, or DeafBlind Hearing-impaired
individual" means a person with a permanent hearing loss who
can regularly and routinely communicate by telephone only
through the aid of devices which can send and receive written
messages over the telephone network.
"Hosted supplemental 9-1-1 service" means a database
service that:
(1) electronically provides information to 9-1-1 call
takers when a call is placed to 9-1-1;
(2) allows telephone subscribers to provide
information to 9-1-1 to be used in emergency scenarios;
(3) collects a variety of formatted data relevant to
9-1-1 and first responder needs, which may include, but is
not limited to, photographs of the telephone subscribers,
physical descriptions, medical information, household
data, and emergency contacts;
(4) allows for information to be entered by telephone
subscribers through a secure website where they can elect

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to provide as little or as much information as they choose;
(5) automatically displays data provided by telephone
subscribers to 9-1-1 call takers for all types of
telephones when a call is placed to 9-1-1 from a registered
and confirmed phone number;
(6) supports the delivery of telephone subscriber
information through a secure internet connection to all
emergency telephone system boards;
(7) works across all 9-1-1 call taking equipment and
allows for the easy transfer of information into a computer
aided dispatch system; and
(8) may be used to collect information pursuant to an
Illinois Premise Alert Program as defined in the Illinois
Premise Alert Program (PAP) Act.
"Interconnected voice over Internet protocol provider" or
"Interconnected VoIP provider" has the meaning given to that
term under Section 13-235 of the Public Utilities Act.
"Joint ETSB" means a Joint Emergency Telephone System Board
established by intergovernmental agreement of two or more
municipalities or counties, or a combination thereof, to
provide for the management and operation of a 9-1-1 system.
"Local public agency" means any unit of local government or
special purpose district located in whole or in part within
this State that provides or has authority to provide
firefighting, police, ambulance, medical, or other emergency
services.

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"Mechanical dialer" means any device that either manually
or remotely triggers a dialing device to access the 9-1-1
system.
"Master Street Address Guide" or "MSAG" is a database of
street names and house ranges within their associated
communities defining emergency service zones (ESZs) and their
associated emergency service numbers (ESNs) to enable proper
routing of 9-1-1 calls.
"Mobile telephone number" or "MTN" means the telephone
number assigned to a wireless telephone at the time of initial
activation.
"Network connections" means the number of voice grade
communications channels directly between a subscriber and a
telecommunications carrier's public switched network, without
the intervention of any other telecommunications carrier's
switched network, which would be required to carry the
subscriber's inter-premises traffic and which connection
either (1) is capable of providing access through the public
switched network to a 9-1-1 Emergency Telephone System, if one
exists, or (2) if no system exists at the time a surcharge is
imposed under Section 15.3, that would be capable of providing
access through the public switched network to the local 9-1-1
Emergency Telephone System if one existed. Where multiple voice
grade communications channels are connected to a
telecommunications carrier's public switched network through a
private branch exchange (PBX) service, there shall be

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determined to be one network connection for each trunk line
capable of transporting either the subscriber's inter-premises
traffic to the public switched network or the subscriber's
9-1-1 calls to the public agency. Where multiple voice grade
communications channels are connected to a telecommunications
carrier's public switched network through centrex type
service, the number of network connections shall be equal to
the number of PBX trunk equivalents for the subscriber's
service or other multiple voice grade communication channels
facility, as determined by reference to any generally
applicable exchange access service tariff filed by the
subscriber's telecommunications carrier with the Commission.
"Network costs" means those recurring costs that directly
relate to the operation of the 9-1-1 network as determined by
the Statewide 9-1-1 Administrator with the advice of the
Statewide 9-1-1 Advisory Board, which may include, but need not
be limited to, some or all of the following: costs for
interoffice trunks, selective routing charges, transfer lines
and toll charges for 9-1-1 services, Automatic Location
Information (ALI) database charges, independent local exchange
carrier charges and non-system provider charges, carrier
charges for third party database for on-site customer premises
equipment, back-up PSAP trunks for non-system providers,
periodic database updates as provided by carrier (also known as
"ALI data dump"), regional ALI storage charges, circuits for
call delivery (fiber or circuit connection), NG9-1-1 costs, and

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all associated fees, taxes, and surcharges on each invoice.
"Network costs" shall not include radio circuits or toll
charges that are other than for 9-1-1 services.
"Next generation 9-1-1" or "NG9-1-1" means an Internet
Protocol-based (IP-based) system comprised of managed ESInets,
functional elements and applications, and databases that
replicate traditional E9-1-1 features and functions and
provide additional capabilities. "NG9-1-1" systems are
designed to provide access to emergency services from all
connected communications sources, and provide multimedia data
capabilities for PSAPs and other emergency services
organizations.
"NG9-1-1 costs" means those recurring costs that directly
relate to the Next Generation 9-1-1 service as determined by
the Statewide 9-1-1 Advisory Board, including, but not limited
to, costs for Emergency System Routing Proxy (ESRP), Emergency
Call Routing Function/Location Validation Function (ECRF/LVF),
Spatial Information Function (SIF), the Border Control
Function (BCF), and the Emergency Services Internet Protocol
networks (ESInets), legacy network gateways, and all
associated fees, taxes, and surcharges on each invoice.
"Private branch exchange" or "PBX" means a private
telephone system and associated equipment located on the user's
property that provides communications between internal
stations and external networks.
"Private business switch service" means network and

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premises based systems including a VoIP, Centrex type service,
or PBX service, even though key telephone systems or equivalent
telephone systems registered with the Federal Communications
Commission under 47 C.F.R. Part 68 are directly connected to
Centrex type and PBX systems. "Private business switch service"
does not include key telephone systems or equivalent telephone
systems registered with the Federal Communications Commission
under 47 C.F.R. Part 68 when not used in conjunction with a
VoIP, Centrex type, or PBX systems. "Private business switch
service" typically includes, but is not limited to, private
businesses, corporations, and industries where the
telecommunications service is primarily for conducting
business.
"Private residential switch service" means network and
premise based systems including a VoIP, Centrex type service,
or PBX service or key telephone systems or equivalent telephone
systems registered with the Federal Communications Commission
under 47 C.F.R. Part 68 that are directly connected to a VoIP,
Centrex type service, or PBX systems equipped for switched
local network connections or 9-1-1 system access to residential
end users through a private telephone switch. "Private
residential switch service" does not include key telephone
systems or equivalent telephone systems registered with the
Federal Communications Commission under 47 C.F.R. Part 68 when
not used in conjunction with a VoIP, Centrex type, or PBX
systems. "Private residential switch service" typically

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includes, but is not limited to, apartment complexes,
condominiums, and campus or university environments where
shared tenant service is provided and where the usage of the
telecommunications service is primarily residential.
"Public agency" means the State, and any unit of local
government or special purpose district located in whole or in
part within this State, that provides or has authority to
provide firefighting, police, ambulance, medical, or other
emergency services.
"Public safety agency" means a functional division of a
public agency that provides firefighting, police, medical, or
other emergency services to respond to and manage emergency
incidents. For the purpose of providing wireless service to
users of 9-1-1 emergency services, as expressly provided for in
this Act, the Department of State Police may be considered a
public safety agency.
"Public safety answering point" or "PSAP" is a set of
call-takers authorized by a governing body and operating under
common management that receive 9-1-1 calls and asynchronous
event notifications for a defined geographic area and processes
those calls and events according to a specified operational
policy.
"Qualified governmental entity" means a unit of local
government authorized to provide 9-1-1 services pursuant to
this Act where no emergency telephone system board exists.
"Referral method" means a 9-1-1 service in which the PSAP

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telecommunicator provides the calling party with the telephone
number of the appropriate public safety agency or other
provider of emergency services.
"Regular service" means any telecommunications service,
other than advanced service, that is capable of transporting
either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency.
"Relay method" means a 9-1-1 service in which the PSAP
telecommunicator takes the pertinent information from a caller
and relays that information to the appropriate public safety
agency or other provider of emergency services.
"Remit period" means the billing period, one month in
duration, for which a wireless carrier remits a surcharge and
provides subscriber information by zip code to the Department,
in accordance with Section 20 of this Act.
"Secondary Answering Point" or "SAP" means a location,
other than a PSAP, that is able to receive the voice, data, and
call back number of E9-1-1 or NG9-1-1 emergency calls
transferred from a PSAP and completes the call taking process
by dispatching police, medical, fire, or other emergency
responders.
"Statewide wireless emergency 9-1-1 system" means all
areas of the State where an emergency telephone system board
or, in the absence of an emergency telephone system board, a
qualified governmental entity, has not declared its intention

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for one or more of its public safety answering points to serve
as a primary wireless 9-1-1 public safety answering point for
its jurisdiction. The operator of the statewide wireless
emergency 9-1-1 system shall be the Department of State Police.
"System" means the communications equipment and related
software applications required to produce a response by the
appropriate emergency public safety agency or other provider of
emergency services as a result of an emergency call being
placed to 9-1-1.
"System provider" means the contracted entity providing
9-1-1 network and database services.
"Telecommunications carrier" means those entities included
within the definition specified in Section 13-202 of the Public
Utilities Act, and includes those carriers acting as resellers
of telecommunications services. "Telecommunications carrier"
includes telephone systems operating as mutual concerns.
"Telecommunications carrier" does not include a wireless
carrier.
"Telecommunications technology" means equipment that can
send and receive written messages over the telephone network.
"Transfer method" means a 9-1-1 service in which the PSAP
telecommunicator receiving a call transfers that call to the
appropriate public safety agency or other provider of emergency
services.
"Transmitting messages" shall have the meaning given to
that term under Section 8-11-2 of the Illinois Municipal Code.

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"Trunk line" means a transmission path, or group of
transmission paths, connecting a subscriber's PBX to a
telecommunications carrier's public switched network. In the
case of regular service, each voice grade communications
channel or equivalent amount of bandwidth capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency shall be
considered a trunk line, even if it is bundled with other
channels or additional bandwidth. In the case of advanced
service, each DS-1, T-1, or other un-channelized or
multi-channel transmission facility that is capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency shall be
considered a single trunk line, even if it contains multiple
voice grade communications channels or otherwise supports 2 or
more voice grade calls at a time; provided, however, that each
additional increment of up to 24 voice grade channels of
transmission capacity that is capable of transporting either
the subscriber's inter-premises voice telecommunications
services to the public switched network or the subscriber's
9-1-1 calls to the public agency shall be considered an
additional trunk line.
"Unmanned backup PSAP" means a public safety answering
point that serves as an alternate to the PSAP at an alternate

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location and is typically unmanned but can be activated if the
primary PSAP is disabled.
"Virtual answering point" or "VAP" means a temporary or
nonpermanent location that is capable of receiving an emergency
call, contains a fully functional worksite that is not bound to
a specific location, but rather is portable and scalable,
connecting emergency call takers or dispatchers to the work
process, and is capable of completing the call dispatching
process.
"Voice-impaired individual" means a person with a
permanent speech disability which precludes oral
communication, who can regularly and routinely communicate by
telephone only through the aid of devices which can send and
receive written messages over the telephone network.
"Wireless carrier" means a provider of two-way cellular,
broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
Mobile Radio Service (CMRS), Wireless Communications Service
(WCS), or other Commercial Mobile Radio Service (CMRS), as
defined by the Federal Communications Commission, offering
radio communications that may provide fixed, mobile, radio
location, or satellite communication services to individuals
or businesses within its assigned spectrum block and
geographical area or that offers real-time, two-way voice
service that is interconnected with the public switched
network, including a reseller of such service.
"Wireless enhanced 9-1-1" means the ability to relay the

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telephone number of the originator of a 9-1-1 call and location
information from any mobile handset or text telephone device
accessing the wireless system to the designated wireless public
safety answering point as set forth in the order of the Federal
Communications Commission, FCC Docket No. 94-102, adopted June
12, 1996, with an effective date of October 1, 1996, and any
subsequent amendment thereto.
"Wireless public safety answering point" means the
functional division of a 9-1-1 authority accepting wireless
9-1-1 calls.
"Wireless subscriber" means an individual or entity to whom
a wireless service account or number has been assigned by a
wireless carrier, other than an account or number associated
with prepaid wireless telecommunication service.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/6.1) (from Ch. 134, par. 36.1)
(Section scheduled to be repealed on December 31, 2020)
Sec. 6.1. Every 9-1-1 system shall be readily accessible to
deaf, hard of hearing, DeafBlind, hearing-impaired and
voice-impaired individuals through the use of
telecommunications technology for deaf, hard of hearing,
DeafBlind, hearing-impaired and speech-impaired individuals.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
Section 15. The School Code is amended by changing Sections

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2-3.83 and 14-11.02 as follows:
(105 ILCS 5/2-3.83) (from Ch. 122, par. 2-3.83)
Sec. 2-3.83. Individual transition plan model pilot
program.
(a) The General Assembly finds that transition services for
special education students in secondary schools are needed for
the increasing numbers of students exiting school programs.
Therefore, to ensure coordinated and timely delivery of
services, the State shall establish a model pilot program to
provide such services. Local school districts, using joint
agreements and regional service delivery systems for special
and vocational education selected by the Governor's Planning
Council on Developmental Disabilities, shall have the primary
responsibility to convene transition planning meetings for
these students who will require post-school adult services.
(b) For purposes of this Section:
(1) "Post-secondary Service Provider" means a provider
of services for adults who have any developmental
disability as defined in Section 1-106 of the Mental Health
and Developmental Disabilities Code or who are persons with
one or more disabilities as defined in the Rehabilitation
of Persons with Disabilities Act.
(2) "Individual Education Plan" means a written
statement for an exceptional child that provides at least a
statement of: the child's present levels of educational

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performance, annual goals and short-term instructional
objectives; specific special education and related
services; the extent of participation in the regular
education program; the projected dates for initiation of
services; anticipated duration of services; appropriate
objective criteria and evaluation procedures; and a
schedule for annual determination of short-term
objectives.
(3) "Individual Transition Plan" (ITP) means a
multi-agency informal assessment of a student's needs for
post-secondary adult services including but not limited to
employment, post-secondary education or training and
residential independent living.
(4) "Developmental Disability" means a disability
which is attributable to: (a) an intellectual disability,
cerebral palsy, epilepsy or autism; or to (b) any other
condition which results in impairment similar to that
caused by an intellectual disability and which requires
services similar to those required by persons with an
intellectual disability. Such disability must originate
before the age of 18 years, be expected to continue
indefinitely, and constitute a substantial disability.
(5) "Exceptional Characteristic" means any disabling
or exceptional characteristic which interferes with a
student's education including, but not limited to, a
determination that the student has a severe or profound

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mental disability, has mental disability but is trainable,
is DeafBlind deaf-blind, or has some other health
impairment.
(c) The model pilot program required by this Section shall
be established and administered by the Governor's Planning
Council on Developmental Disabilities in conjunction with the
case coordination pilot projects established by the Department
of Human Services pursuant to Section 4.1 of the Community
Services Act, as amended.
(d) The model pilot program shall include the following
features:
(1) Written notice shall be sent to the student and,
when appropriate, his or her parent or guardian giving the
opportunity to consent to having the student's name and
relevant information shared with the local case
coordination unit and other appropriate State or local
agencies for purposes of inviting participants to the
individual transition plan meeting.
(2) Meetings to develop and modify, as needed, an
Individual Transition Plan shall be conducted annually for
all students with a developmental disability in the pilot
program area who are age 16 or older and who are receiving
special education services for 50% or more of their public
school program. These meetings shall be convened by the
local school district and conducted in conjunction with any
other regularly scheduled meetings such as the student's

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annual individual educational plan meeting. The Governor's
Planning Council on Developmental Disabilities shall
cooperate with and may enter into any necessary written
agreements with the Department of Human Services and the
State Board of Education to identify the target group of
students for transition planning and the appropriate case
coordination unit to serve these individuals.
(3) The ITP meetings shall be co-chaired by the
individual education plan coordinator and the case
coordinator. The ITP meeting shall include but not be
limited to discussion of the following: the student's
projected date of exit from the public schools; his
projected post-school goals in the areas of employment,
residential living arrangement and post-secondary
education or training; specific school or post-school
services needed during the following year to achieve the
student's goals, including but not limited to vocational
evaluation, vocational education, work experience or
vocational training, placement assistance, independent
living skills training, recreational or leisure training,
income support, medical needs and transportation; and
referrals and linkage to needed services, including a
proposed time frame for services and the responsible agency
or provider. The individual transition plan shall be signed
by participants in the ITP discussion, including but not
limited to the student's parents or guardian, the student

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(where appropriate), multi-disciplinary team
representatives from the public schools, the case
coordinator and any other individuals who have
participated in the ITP meeting at the discretion of the
individual education plan coordinator, the developmental
disability case coordinator or the parents or guardian.
(4) At least 10 days prior to the ITP meeting, the
parents or guardian of the student shall be notified in
writing of the time and place of the meeting by the local
school district. The ITP discussion shall be documented by
the assigned case coordinator, and an individual student
file shall be maintained by each case coordination unit.
One year following a student's exit from public school the
case coordinator shall conduct a follow up interview with
the student.
(5) Determinations with respect to individual
transition plans made under this Section shall not be
subject to any due process requirements prescribed in
Section 14-8.02 of this Code.
(e) (Blank).
(Source: P.A. 99-143, eff. 7-27-15.)
(105 ILCS 5/14-11.02) (from Ch. 122, par. 14-11.02)
Sec. 14-11.02. Notwithstanding any other Sections of this
Article, the State Board of Education shall develop and operate
or contract for the operation of a service center for persons

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who are DeafBlind deaf-blind. For the purpose of this Section,
persons with DeafBlindness deaf-blindness are persons who have
both auditory and visual impairments, the combination of which
causes such severe communication and other developmental,
educational, vocational and rehabilitation problems that such
persons cannot be properly accommodated in special education or
vocational rehabilitation programs solely for persons with
both hearing and visual disabilities.
To be eligible for DeafBlind deaf-blind services, a person
must have (i) a visual impairment and an auditory impairment,
or (ii) a condition in which there is a progressive loss of
hearing or vision or both that results in concomitant vision
and hearing impairments and that adversely affects educational
performance as determined by the multidisciplinary conference.
For purposes of this paragraph and Section:
(A) A visual impairment is defined to mean one or more
of the following: (i) corrected visual acuity poorer than
20/70 in the better eye; (ii) restricted visual field of 20
degrees or less in the better eye; (iii) cortical
blindness; (iv) does not appear to respond to visual
stimulation, which adversely affects educational
performance as determined by the multidisciplinary
conference.
(B) An auditory impairment is defined to mean one or
more of the following: (i) a sensorineural or ongoing or
chronic conductive hearing loss with aided sensitivity of

HB3848 - 23 - LRB101 12710 KTG 61425 b
30dB HL or poorer; (ii) functional auditory behavior that
is significantly discrepant from the person's present
cognitive and/or developmental levels, which adversely
affects educational performance as determined by the
multidisciplinary conference.
The State Board of Education is empowered to establish,
maintain and operate or contract for the operation of a
permanent state-wide service center known as the Philip J. Rock
Center and School. The School serves eligible children between
the ages of 3 and 21; the Center serves eligible persons of all
ages. Services provided by the Center include, but are not
limited to:
(1) Identifying and case management of persons who are
auditorily and visually impaired;
(2) Providing families with appropriate counseling;
(3) Referring persons who are DeafBlind deaf-blind to
appropriate agencies for medical and diagnostic services;
(4) Referring persons who are DeafBlind deaf-blind to
appropriate agencies for educational, training and care
services;
(5) Developing and expanding services throughout the
State to persons who are DeafBlind deaf-blind. This will
include ancillary services, such as transportation so that
the individuals can take advantage of the expanded
services;
(6) Maintaining a residential-educational training

HB3848 - 24 - LRB101 12710 KTG 61425 b
facility in the Chicago metropolitan area located in an
area accessible to public transportation;
(7) Receiving, dispensing, and monitoring State and
Federal funds to the School and Center designated for
services to persons who are DeafBlind deaf-blind;
(8) Coordinating services to persons who are DeafBlind
deaf-blind through all appropriate agencies, including the
Department of Children and Family Services and the
Department of Human Services;
(9) Entering into contracts with other agencies to
provide services to persons who are DeafBlind deaf-blind;
(10) Operating on a no-reject basis. Any individual
referred to the Center for service and diagnosed as
DeafBlind deaf-blind, as defined in this Act, shall qualify
for available services;
(11) Serving as the referral clearinghouse for all
persons who are DeafBlind deaf-blind, age 21 and older; and
(12) Providing transition services for students of
Philip J. Rock School who are DeafBlind deaf-blind and
between the ages of 14 1/2 and 21.
The Advisory Board for Services for Persons who are
DeafBlind Deaf-Blind shall provide advice to the State
Superintendent of Education, the Governor, and the General
Assembly on all matters pertaining to policy concerning persons
who are DeafBlind deaf-blind, including the implementation of
legislation enacted on their behalf.

HB3848 - 25 - LRB101 12710 KTG 61425 b
Regarding the maintenance, operation and education
functions of the Philip J. Rock Center and School, the Advisory
Board shall also make recommendations pertaining to but not
limited to the following matters:
(1) Existing and proposed programs of all State
agencies that provide services for persons who are
DeafBlind deaf-blind;
(2) The State program and financial plan for DeafBlind
deaf-blind services and the system of priorities to be
developed by the State Board of Education;
(3) Standards for services in facilities serving
persons who are DeafBlind deaf-blind;
(4) Standards and rates for State payments for any
services purchased for persons who are DeafBlind
deaf-blind;
(5) Services and research activities in the field of
DeafBlindness deaf-blindness, including evaluation of
services; and
(6) Planning for personnel/preparation, both
preservice and inservice.
The Advisory Board shall consist of 3 persons appointed by
the Governor; 2 persons appointed by the State Superintendent
of Education; 4 persons appointed by the Secretary of Human
Services; and 2 persons appointed by the Director of Children
and Family Services. The 3 appointments of the Governor shall
consist of a senior citizen 60 years of age or older, a

HB3848 - 26 - LRB101 12710 KTG 61425 b
consumer who is DeafBlind deaf-blind, and a parent of a person
who is DeafBlind deaf-blind; provided that if any gubernatorial
appointee serving on the Advisory Board on the effective date
of this amendatory Act of 1991 is not either a senior citizen
60 years of age or older or a consumer who is DeafBlind
deaf-blind or a parent of a person who is DeafBlind deaf-blind,
then whenever that appointee's term of office expires or a
vacancy in that appointee's office sooner occurs, the Governor
shall make the appointment to fill that office or vacancy in a
manner that will result, at the earliest possible time, in the
Governor's appointments to the Advisory Board being comprised
of one senior citizen 60 years of age or older, one consumer
who is DeafBlind deaf-blind, and one parent of a person who is
DeafBlind deaf-blind. One person designated by each agency
other than the Department of Human Services may be an employee
of that agency. Two persons appointed by the Secretary of Human
Services may be employees of the Department of Human Services.
The appointments of each appointing authority other than the
Governor shall include at least one parent of an individual who
is DeafBlind deaf-blind or a person who is DeafBlind
deaf-blind.
Vacancies in terms shall be filled by the original
appointing authority. After the original terms, all terms shall
be for 3 years.
Except for those members of the Advisory Board who are
compensated for State service on a full-time basis, members

HB3848 - 27 - LRB101 12710 KTG 61425 b
shall be reimbursed for all actual expenses incurred in the
performance of their duties. Each member who is not compensated
for State service on a full-time basis shall be compensated at
a rate of $50 per day which he spends on Advisory Board duties.
The Advisory Board shall meet at least 4 times per year and not
more than 12 times per year.
The Advisory Board shall provide for its own organization.
Six members of the Advisory Board shall constitute a
quorum. The affirmative vote of a majority of all members of
the Advisory Board shall be necessary for any action taken by
the Advisory Board.
(Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95;
89-507, eff. 7-1-97.)
Section 20. The Public Utilities Act is amended by changing
Section 13-213 as follows:
(220 ILCS 5/13-213) (from Ch. 111 2/3, par. 13-213)
(Section scheduled to be repealed on December 31, 2020)
Sec. 13-213. "Hearing-aid compatible telephone" means a
telephone so equipped that it can activate an inductive
coupling hearing-aid or which will provide an alternative
technology that provides equally effective telephone service
and which will provide equipment necessary for the deaf, hard
of hearing, and DeafBlind hearing impaired to use generally
available telecommunications services effectively or without

HB3848 - 28 - LRB101 12710 KTG 61425 b
assistance.
(Source: P.A. 100-20, eff. 7-1-17.)
Section 25. The Smoke Detector Act is amended by changing
Section 3 as follows:
(425 ILCS 60/3) (from Ch. 127 1/2, par. 803)
(Text of Section before amendment by P.A. 100-200)
Sec. 3. (a) Every dwelling unit or hotel shall be equipped
with at least one approved smoke detector in an operating
condition within 15 feet of every room used for sleeping
purposes. The detector shall be installed on the ceiling and at
least 6 inches from any wall, or on a wall located between 4
and 6 inches from the ceiling.
(b) Every single family residence shall have at least one
approved smoke detector installed on every story of the
dwelling unit, including basements but not including
unoccupied attics. In dwelling units with split levels, a smoke
detector installed on the upper level shall suffice for the
adjacent lower level if the lower level is less than one full
story below the upper level; however, if there is an
intervening door between the adjacent levels, a smoke detector
shall be installed on each level.
(c) Every structure which (1) contains more than one
dwelling unit, or (2) contains at least one dwelling unit and
is a mixed-use structure, shall contain at least one approved

HB3848 - 29 - LRB101 12710 KTG 61425 b
smoke detector at the uppermost ceiling of each interior
stairwell. The detector shall be installed on the ceiling, at
least 6 inches from the wall, or on a wall located between 4
and 6 inches from the ceiling.
(d) It shall be the responsibility of the owner of a
structure to supply and install all required detectors. The
owner shall be responsible for making reasonable efforts to
test and maintain detectors in common stairwells and hallways.
It shall be the responsibility of a tenant to test and to
provide general maintenance for the detectors within the
tenant's dwelling unit or rooming unit, and to notify the owner
or the authorized agent of the owner in writing of any
deficiencies which the tenant cannot correct. The owner shall
be responsible for providing one tenant per dwelling unit with
written information regarding detector testing and
maintenance.
The tenant shall be responsible for replacement of any
required batteries in the smoke detectors in the tenant's
dwelling unit, except that the owner shall ensure that such
batteries are in operating condition at the time the tenant
takes possession of the dwelling unit. The tenant shall provide
the owner or the authorized agent of the owner with access to
the dwelling unit to correct any deficiencies in the smoke
detector which have been reported in writing to the owner or
the authorized agent of the owner.
(e) The requirements of this Section shall apply to any

HB3848 - 30 - LRB101 12710 KTG 61425 b
dwelling unit in existence on July 1, 1988, beginning on that
date. Except as provided in subsections (f) and (g), the smoke
detectors required in such dwelling units may be either battery
powered or wired into the structure's AC power line, and need
not be interconnected.
(f) In the case of any dwelling unit that is newly
constructed, reconstructed, or substantially remodelled after
December 31, 1987, the requirements of this Section shall apply
beginning on the first day of occupancy of the dwelling unit
after such construction, reconstruction or substantial
remodelling. The smoke detectors required in such dwelling unit
shall be permanently wired into the structure's AC power line,
and if more than one detector is required to be installed
within the dwelling unit, the detectors shall be wired so that
the actuation of one detector will actuate all the detectors in
the dwelling unit.
In the case of any dwelling unit that is newly constructed,
reconstructed, or substantially remodeled on or after January
1, 2011, smoke detectors permanently wired into the structure's
AC power line must also maintain an alternative back-up power
source, which may be either a battery or batteries or an
emergency generator.
(g) Every hotel shall be equipped with operational portable
smoke-detecting alarm devices for the deaf, hard of hearing,
and DeafBlind and hearing impaired of audible and visual
design, available for units of occupancy.

HB3848 - 31 - LRB101 12710 KTG 61425 b
Specialized smoke-detectors for the deaf, hard of hearing,
and DeafBlind and hearing impaired shall be available upon
request by guests in such hotels at a rate of at least one such
smoke detector per 75 occupancy units or portions thereof, not
to exceed 5 such smoke detectors per hotel. Incorporation or
connection into an existing interior alarm system, so as to be
capable of being activated by the system, may be utilized in
lieu of the portable alarms.
Operators of any hotel shall post conspicuously at the main
desk a permanent notice, in letters at least 3 inches in
height, stating that smoke detector alarm devices for the deaf,
hard of hearing, and DeafBlind and hearing impaired are
available. The proprietor may require a refundable deposit for
a portable smoke detector not to exceed the cost of the
detector.
(g-5) A hotel, as defined in this Act, shall be responsible
for installing and maintaining smoke detecting equipment.
(h) Compliance with an applicable federal, State or local
law or building code which requires the installation and
maintenance of smoke detectors in a manner different from this
Section, but providing a level of safety for occupants which is
equal to or greater than that provided by this Section, shall
be deemed to be in compliance with this Section, and the
requirements of such more stringent law shall govern over the
requirements of this Section.
(Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12.)

HB3848 - 32 - LRB101 12710 KTG 61425 b
(Text of Section after amendment by P.A. 100-200)
Sec. 3. (a) Every dwelling unit or hotel shall be equipped
with at least one approved smoke detector in an operating
condition within 15 feet of every room used for sleeping
purposes. The detector shall be installed on the ceiling and at
least 6 inches from any wall, or on a wall located between 4
and 6 inches from the ceiling.
(b) Every single family residence shall have at least one
approved smoke detector installed on every story of the
dwelling unit, including basements but not including
unoccupied attics. In dwelling units with split levels, a smoke
detector installed on the upper level shall suffice for the
adjacent lower level if the lower level is less than one full
story below the upper level; however, if there is an
intervening door between the adjacent levels, a smoke detector
shall be installed on each level.
(c) Every structure which (1) contains more than one
dwelling unit, or (2) contains at least one dwelling unit and
is a mixed-use structure, shall contain at least one approved
smoke detector at the uppermost ceiling of each interior
stairwell. The detector shall be installed on the ceiling, at
least 6 inches from the wall, or on a wall located between 4
and 6 inches from the ceiling.
(d) It shall be the responsibility of the owner of a
structure to supply and install all required detectors. The

HB3848 - 33 - LRB101 12710 KTG 61425 b
owner shall be responsible for making reasonable efforts to
test and maintain detectors in common stairwells and hallways.
It shall be the responsibility of a tenant to test and to
provide general maintenance for the detectors within the
tenant's dwelling unit or rooming unit, and to notify the owner
or the authorized agent of the owner in writing of any
deficiencies which the tenant cannot correct. The owner shall
be responsible for providing one tenant per dwelling unit with
written information regarding detector testing and
maintenance.
The tenant shall be responsible for replacement of any
required batteries in the smoke detectors in the tenant's
dwelling unit, except that the owner shall ensure that such
batteries are in operating condition at the time the tenant
takes possession of the dwelling unit. The tenant shall provide
the owner or the authorized agent of the owner with access to
the dwelling unit to correct any deficiencies in the smoke
detector which have been reported in writing to the owner or
the authorized agent of the owner.
(e) The requirements of this Section shall apply to any
dwelling unit in existence on July 1, 1988, beginning on that
date. Except as provided in subsections (f) and (g), the smoke
detectors required in such dwelling units may be either:
battery powered provided the battery is a self-contained,
non-removable, long term battery, or wired into the structure's
AC power line, and need not be interconnected.

HB3848 - 34 - LRB101 12710 KTG 61425 b
(1) The battery requirements of this Section shall
apply to battery powered smoke detectors that: (A) are in
existence and exceed 10 years from the date of their being
manufactured; (B) fails to respond to operability tests or
otherwise malfunctions; or (C) are newly installed.
(2) The battery requirements of this Section do not
apply to: (A) a fire alarm, smoke detector, smoke alarm, or
ancillary component that is electronically connected as a
part of a centrally monitored or supervised alarm system;
(B) a fire alarm, smoke detector, smoke alarm, or ancillary
component that uses: (i) a low-power radio frequency
wireless communication signal, or (ii) Wi-Fi or other
wireless Local Area Networking capability to send and
receive notifications to and from the Internet, such as
early low battery warnings before the device reaches a
critical low power level; or (C) such other devices as the
State Fire Marshal shall designate through its regulatory
process.
(f) In the case of any dwelling unit that is newly
constructed, reconstructed, or substantially remodelled after
December 31, 1987, the requirements of this Section shall apply
beginning on the first day of occupancy of the dwelling unit
after such construction, reconstruction or substantial
remodelling. The smoke detectors required in such dwelling unit
shall be permanently wired into the structure's AC power line,
and if more than one detector is required to be installed

HB3848 - 35 - LRB101 12710 KTG 61425 b
within the dwelling unit, the detectors shall be wired so that
the actuation of one detector will actuate all the detectors in
the dwelling unit.
In the case of any dwelling unit that is newly constructed,
reconstructed, or substantially remodeled on or after January
1, 2011, smoke detectors permanently wired into the structure's
AC power line must also maintain an alternative back-up power
source, which may be either a battery or batteries or an
emergency generator.
(g) Every hotel shall be equipped with operational portable
smoke-detecting alarm devices for the deaf, hard of hearing,
and DeafBlind and hearing impaired of audible and visual
design, available for units of occupancy.
Specialized smoke-detectors for the deaf, hard of hearing,
and DeafBlind and hearing impaired shall be available upon
request by guests in such hotels at a rate of at least one such
smoke detector per 75 occupancy units or portions thereof, not
to exceed 5 such smoke detectors per hotel. Incorporation or
connection into an existing interior alarm system, so as to be
capable of being activated by the system, may be utilized in
lieu of the portable alarms.
Operators of any hotel shall post conspicuously at the main
desk a permanent notice, in letters at least 3 inches in
height, stating that smoke detector alarm devices for the deaf,
hard of hearing, and DeafBlind and hearing impaired are
available. The proprietor may require a refundable deposit for

HB3848 - 36 - LRB101 12710 KTG 61425 b
a portable smoke detector not to exceed the cost of the
detector.
(g-5) A hotel, as defined in this Act, shall be responsible
for installing and maintaining smoke detecting equipment.
(h) Compliance with an applicable federal, State or local
law or building code which requires the installation and
maintenance of smoke detectors in a manner different from this
Section, but providing a level of safety for occupants which is
equal to or greater than that provided by this Section, shall
be deemed to be in compliance with this Section, and the
requirements of such more stringent law shall govern over the
requirements of this Section.
(i) The requirements of this Section shall not apply to
dwelling units and hotels within municipalities with a
population over 1,000,000 inhabitants.
(Source: P.A. 100-200, eff. 1-1-23.)
Section 30. The Animal Control Act is amended by changing
Sections 15 and 15.1 as follows:
(510 ILCS 5/15) (from Ch. 8, par. 365)
Sec. 15. (a) In order to have a dog deemed "vicious", the
Administrator, Deputy Administrator, or law enforcement
officer must give notice of the infraction that is the basis of
the investigation to the owner, conduct a thorough
investigation, interview any witnesses, including the owner,

HB3848 - 37 - LRB101 12710 KTG 61425 b
gather any existing medical records, veterinary medical
records or behavioral evidence, and make a detailed report
recommending a finding that the dog is a vicious dog and give
the report to the State's Attorney's Office and the owner. The
Administrator, State's Attorney, Director or any citizen of the
county in which the dog exists may file a complaint in the
circuit court in the name of the People of the State of
Illinois to deem a dog to be a vicious dog. Testimony of a
certified applied behaviorist, a board certified veterinary
behaviorist, or another recognized expert may be relevant to
the court's determination of whether the dog's behavior was
justified. The petitioner must prove the dog is a vicious dog
by clear and convincing evidence. The Administrator shall
determine where the animal shall be confined during the
pendency of the case.
A dog may not be declared vicious if the court determines
the conduct of the dog was justified because:
(1) the threat, injury, or death was sustained by a
person who at the time was committing a crime or offense
upon the owner or custodian of the dog, or was committing a
willful trespass or other tort upon the premises or
property owned or occupied by the owner of the animal;
(2) the injured, threatened, or killed person was
abusing, assaulting, or physically threatening the dog or
its offspring, or has in the past abused, assaulted, or
physically threatened the dog or its offspring; or

HB3848 - 38 - LRB101 12710 KTG 61425 b
(3) the dog was responding to pain or injury, or was
protecting itself, its owner, custodian, or member of its
household, kennel, or offspring.
No dog shall be deemed "vicious" if it is a professionally
trained dog for law enforcement or guard duties. Vicious dogs
shall not be classified in a manner that is specific as to
breed.
If the burden of proof has been met, the court shall deem
the dog to be a vicious dog.
If a dog is found to be a vicious dog, the owner shall pay a
$100 public safety fine to be deposited into the county animal
control fund, the dog shall be spayed or neutered within 10
days of the finding at the expense of its owner and
microchipped, if not already, and the dog is subject to
enclosure. If an owner fails to comply with these requirements,
the animal control agency shall impound the dog and the owner
shall pay a $500 fine plus impoundment fees to the animal
control agency impounding the dog. The judge has the discretion
to order a vicious dog be euthanized. A dog found to be a
vicious dog shall not be released to the owner until the
Administrator, an Animal Control Warden, or the Director
approves the enclosure. No owner or keeper of a vicious dog
shall sell or give away the dog without approval from the
Administrator or court. Whenever an owner of a vicious dog
relocates, he or she shall notify both the Administrator of
County Animal Control where he or she has relocated and the

HB3848 - 39 - LRB101 12710 KTG 61425 b
Administrator of County Animal Control where he or she formerly
resided.
(b) It shall be unlawful for any person to keep or maintain
any dog which has been found to be a vicious dog unless the dog
is kept in an enclosure. The only times that a vicious dog may
be allowed out of the enclosure are (1) if it is necessary for
the owner or keeper to obtain veterinary care for the dog, (2)
in the case of an emergency or natural disaster where the dog's
life is threatened, or (3) to comply with the order of a court
of competent jurisdiction, provided that the dog is securely
muzzled and restrained with a leash not exceeding 6 feet in
length, and shall be under the direct control and supervision
of the owner or keeper of the dog or muzzled in its residence.
Any dog which has been found to be a vicious dog and which
is not confined to an enclosure shall be impounded by the
Administrator, an Animal Control Warden, or the law enforcement
authority having jurisdiction in such area.
If the owner of the dog has not appealed the impoundment
order to the circuit court in the county in which the animal
was impounded within 15 working days, the dog may be
euthanized.
Upon filing a notice of appeal, the order of euthanasia
shall be automatically stayed pending the outcome of the
appeal. The owner shall bear the burden of timely notification
to animal control in writing.
Guide dogs for the blind, deaf, hard of hearing, or

HB3848 - 40 - LRB101 12710 KTG 61425 b
DeafBlind or hearing impaired, support dogs for persons with
physical disabilities, accelerant detection dogs, and sentry,
guard, or police-owned dogs are exempt from this Section;
provided, an attack or injury to a person occurs while the dog
is performing duties as expected. To qualify for exemption
under this Section, each such dog shall be currently inoculated
against rabies in accordance with Section 8 of this Act. It
shall be the duty of the owner of such exempted dog to notify
the Administrator of changes of address. In the case of a
sentry or guard dog, the owner shall keep the Administrator
advised of the location where such dog will be stationed. The
Administrator shall provide police and fire departments with a
categorized list of such exempted dogs, and shall promptly
notify such departments of any address changes reported to him.
(c) If the animal control agency has custody of the dog,
the agency may file a petition with the court requesting that
the owner be ordered to post security. The security must be in
an amount sufficient to secure payment of all reasonable
expenses expected to be incurred by the animal control agency
or animal shelter in caring for and providing for the dog
pending the determination. Reasonable expenses include, but
are not limited to, estimated medical care and boarding of the
animal for 30 days. If security has been posted in accordance
with this Section, the animal control agency may draw from the
security the actual costs incurred by the agency in caring for
the dog.

HB3848 - 41 - LRB101 12710 KTG 61425 b
(d) Upon receipt of a petition, the court must set a
hearing on the petition, to be conducted within 5 business days
after the petition is filed. The petitioner must serve a true
copy of the petition upon the defendant.
(e) If the court orders the posting of security, the
security must be posted with the clerk of the court within 5
business days after the hearing. If the person ordered to post
security does not do so, the dog is forfeited by operation of
law and the animal control agency must dispose of the animal
through adoption or humane euthanization.
(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
100-787, eff. 8-10-18.)
(510 ILCS 5/15.1)
Sec. 15.1. Dangerous dog determination.
(a) After a thorough investigation including: sending,
within 10 business days of the Administrator or Director
becoming aware of the alleged infraction, notifications to the
owner of the alleged infractions, the fact of the initiation of
an investigation, and affording the owner an opportunity to
meet with the Administrator or Director prior to the making of
a determination; gathering of any medical or veterinary
evidence; interviewing witnesses; and making a detailed
written report, an animal control warden, deputy
administrator, or law enforcement agent may ask the
Administrator, or his or her designee, or the Director, to deem

HB3848 - 42 - LRB101 12710 KTG 61425 b
a dog to be "dangerous". No dog shall be deemed a "dangerous
dog" unless shown to be a dangerous dog by a preponderance of
evidence. The owner shall be sent immediate notification of the
determination by registered or certified mail that includes a
complete description of the appeal process.
(b) A dog shall not be declared dangerous if the
Administrator, or his or her designee, or the Director
determines the conduct of the dog was justified because:
(1) the threat was sustained by a person who at the
time was committing a crime or offense upon the owner or
custodian of the dog or was committing a willful trespass
or other tort upon the premises or property occupied by the
owner of the animal;
(2) the threatened person was abusing, assaulting, or
physically threatening the dog or its offspring;
(3) the injured, threatened, or killed companion
animal was attacking or threatening to attack the dog or
its offspring; or
(4) the dog was responding to pain or injury or was
protecting itself, its owner, custodian, or a member of its
household, kennel, or offspring.
(c) Testimony of a certified applied behaviorist, a board
certified veterinary behaviorist, or another recognized expert
may be relevant to the determination of whether the dog's
behavior was justified pursuant to the provisions of this
Section.

HB3848 - 43 - LRB101 12710 KTG 61425 b
(d) If deemed dangerous, the Administrator, or his or her
designee, or the Director shall order (i) the dog's owner to
pay a $50 public safety fine to be deposited into the county
animal control fund, (ii) the dog to be spayed or neutered
within 14 days at the owner's expense and microchipped, if not
already, and (iii) one or more of the following as deemed
appropriate under the circumstances and necessary for the
protection of the public:
(1) evaluation of the dog by a certified applied
behaviorist, a board certified veterinary behaviorist, or
another recognized expert in the field and completion of
training or other treatment as deemed appropriate by the
expert. The owner of the dog shall be responsible for all
costs associated with evaluations and training ordered
under this subsection; or
(2) direct supervision by an adult 18 years of age or
older whenever the animal is on public premises.
(e) The Administrator may order a dangerous dog to be
muzzled whenever it is on public premises in a manner that will
prevent it from biting any person or animal, but that shall not
injure the dog or interfere with its vision or respiration.
(f) Guide dogs for the blind, deaf, hard of hearing, or
DeafBlind or hearing impaired, support dogs for persons with a
physical disability, and sentry, guard, or police-owned dogs
are exempt from this Section; provided, an attack or injury to
a person occurs while the dog is performing duties as expected.

HB3848 - 44 - LRB101 12710 KTG 61425 b
To qualify for exemption under this Section, each such dog
shall be currently inoculated against rabies in accordance with
Section 8 of this Act and performing duties as expected. It
shall be the duty of the owner of the exempted dog to notify
the Administrator of changes of address. In the case of a
sentry or guard dog, the owner shall keep the Administrator
advised of the location where such dog will be stationed. The
Administrator shall provide police and fire departments with a
categorized list of the exempted dogs, and shall promptly
notify the departments of any address changes reported to him
or her.
(g) An animal control agency has the right to impound a
dangerous dog if the owner fails to comply with the
requirements of this Act.
(Source: P.A. 99-143, eff. 7-27-15; 100-787, eff. 8-10-18.)
Section 35. The Humane Care for Animals Act is amended by
changing Section 7.15 as follows:
(510 ILCS 70/7.15)
Sec. 7.15. Guide, hearing, and support dogs.
(a) A person may not willfully and maliciously annoy,
taunt, tease, harass, torment, beat, or strike a guide,
hearing, or support dog or otherwise engage in any conduct
directed toward a guide, hearing, or support dog that is likely
to impede or interfere with the dog's performance of its duties

HB3848 - 45 - LRB101 12710 KTG 61425 b
or that places the blind, deaf, hard of hearing, DeafBlind,
hearing impaired, or person with a physical disability being
served or assisted by the dog in danger of injury.
(b) A person may not willfully and maliciously torture,
injure, or kill a guide, hearing, or support dog.
(c) A person may not willfully and maliciously permit a dog
that is owned, harbored, or controlled by the person to cause
injury to or the death of a guide, hearing, or support dog
while the guide, hearing, or support dog is in discharge of its
duties.
(d) A person convicted of violating this Section is guilty
of a Class A misdemeanor. A second or subsequent violation is a
Class 4 felony. A person convicted of violating subsection (b)
or (c) of this Section is guilty of a Class 4 felony if the dog
is killed or totally disabled, and may be ordered by the court
to make restitution to the person with a disability having
custody or ownership of the dog for veterinary bills and
replacement costs of the dog.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 40. The Illinois Human Rights Act is amended by
changing Section 8-102 as follows:
(775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
Sec. 8-102. Powers and duties. In addition to the other
powers and duties prescribed in this Act, the Commission shall

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have the following powers and duties:
(A) Meetings. To meet and function at any place within
the State.
(B) Offices. To establish and maintain offices in
Springfield and Chicago.
(C) Employees. To select and fix the compensation of
such technical advisors and employees as it may deem
necessary pursuant to the provisions of the "The Personnel
Code".
(D) Hearing Officers. To select and fix the
compensation of hearing officers who shall be attorneys
duly licensed to practice law in this State and full-time
full time employees of the Commission.
A formal and unbiased training program for hearing
officers shall be implemented. The training program shall
include the following:
(1) substantive and procedural aspects of the
hearing officer position;
(2) current issues in human rights law and
practice;
(3) lectures by specialists in substantive areas
related to human rights matters;
(4) orientation to each operational unit of the
Department and Commission;
(5) observation of experienced hearing officers
conducting hearings of cases, combined with the

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opportunity to discuss evidence presented and rulings
made;
(6) the use of hypothetical cases requiring the
hearing officer to issue judgments as a means to
evaluating knowledge and writing ability;
(7) writing skills;
(8) computer skills, including, but not limited
to, word processing and document management.
A formal, unbiased and ongoing professional
development program including, but not limited to, the
above-noted areas shall be implemented to keep hearing
officers informed of recent developments and issues and to
assist them in maintaining and enhancing their
professional competence.
(E) Rules and Regulations. To adopt, promulgate,
amend, and rescind rules and regulations not inconsistent
with the provisions of this Act pursuant to the Illinois
Administrative Procedure Act.
(F) Compulsory Process. To issue and authorize
requests for enforcement of subpoenas and other compulsory
process established by this Act.
(G) Decisions. Through a panel of 3 three members
designated by the Chairperson on a random basis, to hear
and decide by majority vote complaints filed in conformity
with this Act and to approve proposed settlements.
Decisions by commissioners must be based strictly on

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neutral interpretations of the law and the facts.
(H) Rehearings. To order, by a vote of 3 members,
rehearing of its decisions by the entire Commission in
conformity with this Act.
(I) Judicial Enforcement. To authorize requests for
judicial enforcement of its orders in conformity with this
Act.
(J) Opinions. To publish each decision within 180 days
of the decision to assure a consistent source of precedent.
Published decisions shall be subject to the Personal
Information Protection Act.
(K) Public Grants; Private Gifts. To accept public
grants and private gifts as may be authorized.
(L) Interpreters. To appoint at the expense of the
Commission a qualified sign language interpreter whenever
a deaf, hard of hearing, or DeafBlind hearing impaired
person is a party or witness at a public hearing.
(M) Automated Processing Plan. To prepare an
electronic data processing and telecommunications plan
jointly with the Department in accordance with Section
7-112.
(N) The provisions of Public Act 89-370 this amendatory Act
of 1995 amending subsection (G) of this Section apply to causes
of action filed on or after January 1, 1996.
(Source: P.A. 100-1066, eff. 8-24-18; revised 10-4-18.)

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Section 45. The White Cane Law is amended by changing
Section 3 as follows:
(775 ILCS 30/3) (from Ch. 23, par. 3363)
Sec. 3. The blind, persons who have a visual disability,
the deaf, hard of hearing, and DeafBlind hearing impaired,
persons who are subject to epilepsy or other seizure disorders,
and persons who have other physical disabilities have the same
right as the able-bodied to the full and free use of the
streets, highways, sidewalks, walkways, public buildings,
public facilities and other public places.
The blind, persons who have a visual disability, the deaf,
hard of hearing, and DeafBlind hearing impaired, persons who
are subject to epilepsy or other seizure disorders, and persons
who have other physical disabilities are entitled to full and
equal accommodations, advantages, facilities and privileges of
all common carriers, airplanes, motor vehicles, railroad
trains, motor buses, street cars, boats or any other public
conveyances or modes of transportation, hotels, lodging
places, places of public accommodation, amusement or resort and
other places to which the general public is invited, subject
only to the conditions and limitations established by law and
applicable alike to all persons.
Every totally or partially blind, deaf, hard of hearing, or
DeafBlind or hearing impaired person, person who is subject to
epilepsy or other seizure disorders, or person who has any

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other physical disability or a trainer of support dogs, guide
dogs, seizure-alert dogs, seizure-response dogs, or hearing
dogs shall have the right to be accompanied by a support dog or
guide dog especially trained for the purpose, or a dog that is
being trained to be a support dog, guide dog, seizure-alert
dog, seizure-response dog, or hearing dog, in any of the places
listed in this Section without being required to pay an extra
charge for the guide, support, seizure-alert,
seizure-response, or hearing dog; provided that he shall be
liable for any damage done to the premises or facilities by
such dog.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.