Bill Text: IL SB1797 | 2023-2024 | 103rd General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1797 Detail]

Download: Illinois-2023-SB1797-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1797 Introduced 2/9/2023, by Sen. Cristina H. Pacione-Zayas SYNOPSIS AS INTRODUCED:
See Index
Amends various Acts by replacing the terms "day care", "daycare", and "day-care", in relation to the care of a child, with the term "child care".
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Labor Relations Act is
amended by changing Sections 3 and 7 as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" means the Illinois Labor Relations Board or,
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and
other conditions of employment, as detailed in Section 7 and
which are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in the
regular course of his or her duties, assists and acts in a
confidential capacity to persons who formulate, determine, and
effectuate management policies with regard to labor relations
or who, in the regular course of his or her duties, has
authorized access to information relating to the effectuation
or review of the employer's collective bargaining policies.

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Determinations of confidential employee status shall be based
on actual employee job duties and not solely on written job
descriptions.
(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Illinois State Police,
means the labor organization that has been (i) designated by
the Board as the representative of a majority of public
employees in an appropriate bargaining unit in accordance with
the procedures contained in this Act; (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before July 1, 1984 (the effective
date of this Act) as the exclusive representative of the
employees in an appropriate bargaining unit; (iii) after July
1, 1984 (the effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the
labor organization has been designated as the exclusive
representative by a majority of the employees in an

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appropriate bargaining unit; (iv) recognized as the exclusive
representative of personal assistants under Executive Order
2003-8 prior to July 16, 2003 (the effective date of Public Act
93-204), and the organization shall be considered to be the
exclusive representative of the personal assistants as defined
in this Section; or (v) recognized as the exclusive
representative of child and day care home providers, including
licensed and license exempt providers, pursuant to an election
held under Executive Order 2005-1 prior to January 1, 2006
(the effective date of Public Act 94-320), and the
organization shall be considered to be the exclusive
representative of the child and day care home providers as
defined in this Section.
With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Illinois
State Police, "exclusive representative" means the labor
organization that has been (i) designated by the Board as the
representative of a majority of peace officers or fire
fighters in an appropriate bargaining unit in accordance with
the procedures contained in this Act, (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before January 1, 1986 (the effective
date of this amendatory Act of 1985) as the exclusive
representative by a majority of the peace officers or fire
fighters in an appropriate bargaining unit, or (iii) after

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January 1, 1986 (the effective date of this amendatory Act of
1985) recognized by an employer upon evidence, acceptable to
the Board, that the labor organization has been designated as
the exclusive representative by a majority of the peace
officers or fire fighters in an appropriate bargaining unit.
Where a historical pattern of representation exists for
the workers of a water system that was owned by a public
utility, as defined in Section 3-105 of the Public Utilities
Act, prior to becoming certified employees of a municipality
or municipalities once the municipality or municipalities have
acquired the water system as authorized in Section 11-124-5 of
the Illinois Municipal Code, the Board shall find the labor
organization that has historically represented the workers to
be the exclusive representative under this Act, and shall find
the unit represented by the exclusive representative to be the
appropriate unit.
(g) "Fair share agreement" means an agreement between the
employer and an employee organization under which all or any
of the employees in a collective bargaining unit are required
to pay their proportionate share of the costs of the
collective bargaining process, contract administration, and
pursuing matters affecting wages, hours, and other conditions
of employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for

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political office. Nothing in this subsection (g) shall
preclude an employee from making voluntary political
contributions in conjunction with his or her fair share
payment.
(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, including paramedics
employed by a unit of local government, except that the
following persons are not included: part-time fire fighters,
auxiliary, reserve or voluntary fire fighters, including paid
on-call fire fighters, clerks and dispatchers or other
civilian employees of a fire department or fire protection
district who are not routinely expected to perform fire
fighter duties, or elected officials.
(g-2) "General Assembly of the State of Illinois" means
the legislative branch of the government of the State of
Illinois, as provided for under Article IV of the Constitution
of the State of Illinois, and includes, but is not limited to,
the House of Representatives, the Senate, the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, the Joint Committee on Legislative
Support Services, and any legislative support services agency
listed in the Legislative Commission Reorganization Act of

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1984.
(h) "Governing body" means, in the case of the State, the
State Panel of the Illinois Labor Relations Board, the
Director of the Department of Central Management Services, and
the Director of the Department of Labor; the county board in
the case of a county; the corporate authorities in the case of
a municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit of
government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(i-5) "Legislative liaison" means a person who is an
employee of a State agency, the Attorney General, the
Secretary of State, the Comptroller, or the Treasurer, as the
case may be, and whose job duties require the person to
regularly communicate in the course of his or her employment
with any official or staff of the General Assembly of the State
of Illinois for the purpose of influencing any legislative
action.
(j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices.

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Determination of managerial employee status shall be based on
actual employee job duties and not solely on written job
descriptions. With respect only to State employees in
positions under the jurisdiction of the Attorney General,
Secretary of State, Comptroller, or Treasurer (i) that were
certified in a bargaining unit on or after December 2, 2008,
(ii) for which a petition is filed with the Illinois Public
Labor Relations Board on or after April 5, 2013 (the effective
date of Public Act 97-1172), or (iii) for which a petition is
pending before the Illinois Public Labor Relations Board on
that date, "managerial employee" means an individual who is
engaged in executive and management functions or who is
charged with the effectuation of management policies and
practices or who represents management interests by taking or
recommending discretionary actions that effectively control or
implement policy. Nothing in this definition prohibits an
individual from also meeting the definition of "supervisor"
under subsection (r) of this Section.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to a
police force, department, or agency and sworn or commissioned
to perform police duties, except that the following persons
are not included: part-time police officers, special police
officers, auxiliary police as defined by Section 3.1-30-20 of
the Illinois Municipal Code, night watchmen, "merchant
police", court security officers as defined by Section

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3-6012.1 of the Counties Code, temporary employees, traffic
guards or wardens, civilian parking meter and parking
facilities personnel or other individuals specially appointed
to aid or direct traffic at or near schools or public functions
or to aid in civil defense or disaster, parking enforcement
employees who are not commissioned as peace officers and who
are not armed and who are not routinely expected to effect
arrests, parking lot attendants, clerks and dispatchers or
other civilian employees of a police department who are not
routinely expected to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not
include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
(m) "Professional employee" means any employee engaged in
work predominantly intellectual and varied in character rather
than routine mental, manual, mechanical or physical work;
involving the consistent exercise of discretion and adjustment
in its performance; of such a character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and requiring advanced
knowledge in a field of science or learning customarily

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acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or
a hospital, as distinguished from a general academic education
or from apprenticeship or from training in the performance of
routine mental, manual, or physical processes; or any employee
who has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and is
performing related work under the supervision of a
professional person to qualify to become a professional
employee as defined in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including (i) interns and residents at public hospitals, (ii)
as of July 16, 2003 (the effective date of Public Act 93-204),
but not before, personal assistants working under the Home
Services Program under Section 3 of the Rehabilitation of
Persons with Disabilities Act, subject to the limitations set
forth in this Act and in the Rehabilitation of Persons with
Disabilities Act, (iii) as of January 1, 2006 (the effective
date of Public Act 94-320), but not before, child and day care
home providers participating in the child care assistance
program under Section 9A-11 of the Illinois Public Aid Code,
subject to the limitations set forth in this Act and in Section
9A-11 of the Illinois Public Aid Code, (iv) as of January 29,
2013 (the effective date of Public Act 97-1158), but not
before except as otherwise provided in this subsection (n),

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home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act, no
matter whether the State provides those services through
direct fee-for-service arrangements, with the assistance of a
managed care organization or other intermediary, or otherwise,
(v) beginning on July 19, 2013 (the effective date of Public
Act 98-100) and notwithstanding any other provision of this
Act, any person employed by a public employer and who is
classified as or who holds the employment title of Chief
Stationary Engineer, Assistant Chief Stationary Engineer,
Sewage Plant Operator, Water Plant Operator, Stationary
Engineer, Plant Operating Engineer, and any other employee who
holds the position of: Civil Engineer V, Civil Engineer VI,
Civil Engineer VII, Technical Manager I, Technical Manager II,
Technical Manager III, Technical Manager IV, Technical Manager
V, Technical Manager VI, Realty Specialist III, Realty
Specialist IV, Realty Specialist V, Technical Advisor I,
Technical Advisor II, Technical Advisor III, Technical Advisor
IV, or Technical Advisor V employed by the Department of
Transportation who is in a position which is certified in a
bargaining unit on or before July 19, 2013 (the effective date
of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
effective date of Public Act 98-100) and notwithstanding any
other provision of this Act, any mental health administrator

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in the Department of Corrections who is classified as or who
holds the position of Public Service Administrator (Option
8K), any employee of the Office of the Inspector General in the
Department of Human Services who is classified as or who holds
the position of Public Service Administrator (Option 7), any
Deputy of Intelligence in the Department of Corrections who is
classified as or who holds the position of Public Service
Administrator (Option 7), and any employee of the Illinois
State Police who handles issues concerning the Illinois State
Police Sex Offender Registry and who is classified as or holds
the position of Public Service Administrator (Option 7), but
excluding all of the following: employees of the General
Assembly of the State of Illinois; elected officials;
executive heads of a department; members of boards or
commissions; the Executive Inspectors General; any special
Executive Inspectors General; employees of each Office of an
Executive Inspector General; commissioners and employees of
the Executive Ethics Commission; the Auditor General's
Inspector General; employees of the Office of the Auditor
General's Inspector General; the Legislative Inspector
General; any special Legislative Inspectors General; employees
of the Office of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics
Commission; employees of any agency, board or commission
created by this Act; employees appointed to State positions of
a temporary or emergency nature; all employees of school

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districts and higher education institutions except
firefighters and peace officers employed by a state university
and except peace officers employed by a school district in its
own police department in existence on July 23, 2010 (the
effective date of Public Act 96-1257); managerial employees;
short-term employees; legislative liaisons; a person who is a
State employee under the jurisdiction of the Office of the
Attorney General who is licensed to practice law or whose
position authorizes, either directly or indirectly, meaningful
input into government decision-making on issues where there is
room for principled disagreement on goals or their
implementation; a person who is a State employee under the
jurisdiction of the Office of the Comptroller who holds the
position of Public Service Administrator or whose position is
otherwise exempt under the Comptroller Merit Employment Code;
a person who is a State employee under the jurisdiction of the
Secretary of State who holds the position classification of
Executive I or higher, whose position authorizes, either
directly or indirectly, meaningful input into government
decision-making on issues where there is room for principled
disagreement on goals or their implementation, or who is
otherwise exempt under the Secretary of State Merit Employment
Code; employees in the Office of the Secretary of State who are
completely exempt from jurisdiction B of the Secretary of
State Merit Employment Code and who are in Rutan-exempt
positions on or after April 5, 2013 (the effective date of

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Public Act 97-1172); a person who is a State employee under the
jurisdiction of the Treasurer who holds a position that is
exempt from the State Treasurer Employment Code; any employee
of a State agency who (i) holds the title or position of, or
exercises substantially similar duties as a legislative
liaison, Agency General Counsel, Agency Chief of Staff, Agency
Executive Director, Agency Deputy Director, Agency Chief
Fiscal Officer, Agency Human Resources Director, Public
Information Officer, or Chief Information Officer and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any employee
of a State agency who (i) is in a position that is
Rutan-exempt, as designated by the employer, and completely
exempt from jurisdiction B of the Personnel Code and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any term
appointed employee of a State agency pursuant to Section 8b.18
or 8b.19 of the Personnel Code who was neither included in a
bargaining unit nor subject to an active petition for
certification in a bargaining unit; any employment position
properly designated pursuant to Section 6.1 of this Act;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
Home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3

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of the Rehabilitation of Persons with Disabilities Act shall
not be considered public employees for any purposes not
specifically provided for in Public Act 93-204 or Public Act
97-1158, including, but not limited to, purposes of vicarious
liability in tort and purposes of statutory retirement or
health insurance benefits. Home care and home health workers
who function as personal assistants and individual maintenance
home health workers and who also work under the Home Services
Program under Section 3 of the Rehabilitation of Persons with
Disabilities Act shall not be covered by the State Employees
Group Insurance Act of 1971.
Child and day care home providers shall not be considered
public employees for any purposes not specifically provided
for in Public Act 94-320, including, but not limited to,
purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Child and
day care home providers shall not be covered by the State
Employees Group Insurance Act of 1971.
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000 inhabitants
shall be excluded from this Act.
(o) Except as otherwise in subsection (o-5), "public
employer" or "employer" means the State of Illinois; any
political subdivision of the State, unit of local government
or school district; authorities including departments,

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divisions, bureaus, boards, commissions, or other agencies of
the foregoing entities; and any person acting within the scope
of his or her authority, express or implied, on behalf of those
entities in dealing with its employees. As of July 16, 2003
(the effective date of Public Act 93-204), but not before, the
State of Illinois shall be considered the employer of the
personal assistants working under the Home Services Program
under Section 3 of the Rehabilitation of Persons with
Disabilities Act, subject to the limitations set forth in this
Act and in the Rehabilitation of Persons with Disabilities
Act. As of January 29, 2013 (the effective date of Public Act
97-1158), but not before except as otherwise provided in this
subsection (o), the State shall be considered the employer of
home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act, no
matter whether the State provides those services through
direct fee-for-service arrangements, with the assistance of a
managed care organization or other intermediary, or otherwise,
but subject to the limitations set forth in this Act and the
Rehabilitation of Persons with Disabilities Act. The State
shall not be considered to be the employer of home care and
home health workers who function as personal assistants and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the

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Rehabilitation of Persons with Disabilities Act, for any
purposes not specifically provided for in Public Act 93-204 or
Public Act 97-1158, including but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Home care and home
health workers who function as personal assistants and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act shall not be
covered by the State Employees Group Insurance Act of 1971. As
of January 1, 2006 (the effective date of Public Act 94-320),
but not before, the State of Illinois shall be considered the
employer of the day and child care home providers
participating in the child care assistance program under
Section 9A-11 of the Illinois Public Aid Code, subject to the
limitations set forth in this Act and in Section 9A-11 of the
Illinois Public Aid Code. The State shall not be considered to
be the employer of child and day care home providers for any
purposes not specifically provided for in Public Act 94-320,
including, but not limited to, purposes of vicarious liability
in tort and purposes of statutory retirement or health
insurance benefits. Child and day care home providers shall
not be covered by the State Employees Group Insurance Act of
1971.
"Public employer" or "employer" as used in this Act,
however, does not mean and shall not include the General

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Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Inspector General, the Office of the Auditor
General's Inspector General, the Office of the Governor, the
Governor's Office of Management and Budget, the Illinois
Finance Authority, the Office of the Lieutenant Governor, the
State Board of Elections, and educational employers or
employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in
its employment of firefighters and peace officers and except
with respect to a school district in the employment of peace
officers in its own police department in existence on July 23,
2010 (the effective date of Public Act 96-1257). County boards
and county sheriffs shall be designated as joint or
co-employers of county peace officers appointed under the
authority of a county sheriff. Nothing in this subsection (o)
shall be construed to prevent the State Panel or the Local
Panel from determining that employers are joint or
co-employers.
(o-5) With respect to wages, fringe benefits, hours,
holidays, vacations, proficiency examinations, sick leave, and
other conditions of employment, the public employer of public
employees who are court reporters, as defined in the Court
Reporters Act, shall be determined as follows:
(1) For court reporters employed by the Cook County

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Judicial Circuit, the chief judge of the Cook County
Circuit Court is the public employer and employer
representative.
(2) For court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd
judicial circuits, a group consisting of the chief judges
of those circuits, acting jointly by majority vote, is the
public employer and employer representative.
(3) For court reporters employed by all other judicial
circuits, a group consisting of the chief judges of those
circuits, acting jointly by majority vote, is the public
employer and employer representative.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the majority
of employees being responsible for the supervision and control
of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is
employed for less than 2 consecutive calendar quarters during
a calendar year and who does not have a reasonable assurance
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year.
(q-5) "State agency" means an agency directly responsible
to the Governor, as defined in Section 3.1 of the Executive
Reorganization Implementation Act, and the Illinois Commerce

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Commission, the Illinois Workers' Compensation Commission, the
Civil Service Commission, the Pollution Control Board, the
Illinois Racing Board, and the Illinois State Police Merit
Board.
(r) "Supervisor" is:
(1) An employee whose principal work is substantially
different from that of his or her subordinates and who has
authority, in the interest of the employer, to hire,
transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those
actions, if the exercise of that authority is not of a
merely routine or clerical nature, but requires the
consistent use of independent judgment. Except with
respect to police employment, the term "supervisor"
includes only those individuals who devote a preponderance
of their employment time to exercising that authority,
State supervisors notwithstanding. Determinations of
supervisor status shall be based on actual employee job
duties and not solely on written job descriptions. Nothing
in this definition prohibits an individual from also
meeting the definition of "managerial employee" under
subsection (j) of this Section. In addition, in
determining supervisory status in police employment, rank
shall not be determinative. The Board shall consider, as
evidence of bargaining unit inclusion or exclusion, the

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common law enforcement policies and relationships between
police officer ranks and certification under applicable
civil service law, ordinances, personnel codes, or
Division 2.1 of Article 10 of the Illinois Municipal Code,
but these factors shall not be the sole or predominant
factors considered by the Board in determining police
supervisory status.
Notwithstanding the provisions of the preceding
paragraph, in determining supervisory status in fire
fighter employment, no fire fighter shall be excluded as a
supervisor who has established representation rights under
Section 9 of this Act. Further, in fire fighter units,
employees shall consist of fire fighters of the highest
rank of company officer and below. A company officer may
be responsible for multiple companies or apparatus on a
shift, multiple stations, or an entire shift. There may be
more than one company officer per shift. If a company
officer otherwise qualifies as a supervisor under the
preceding paragraph, however, he or she shall not be
included in the fire fighter unit. If there is no rank
between that of chief and the highest company officer, the
employer may designate a position on each shift as a Shift
Commander, and the persons occupying those positions shall
be supervisors. All other ranks above that of the highest
company officer shall be supervisors.
(2) With respect only to State employees in positions

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under the jurisdiction of the Attorney General, Secretary
of State, Comptroller, or Treasurer (i) that were
certified in a bargaining unit on or after December 2,
2008, (ii) for which a petition is filed with the Illinois
Public Labor Relations Board on or after April 5, 2013
(the effective date of Public Act 97-1172), or (iii) for
which a petition is pending before the Illinois Public
Labor Relations Board on that date, an employee who
qualifies as a supervisor under (A) Section 152 of the
National Labor Relations Act and (B) orders of the
National Labor Relations Board interpreting that provision
or decisions of courts reviewing decisions of the National
Labor Relations Board.
(s)(1) "Unit" means a class of jobs or positions that are
held by employees whose collective interests may suitably be
represented by a labor organization for collective bargaining.
Except with respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Illinois
State Police, a bargaining unit determined by the Board shall
not include both employees and supervisors, or supervisors
only, except as provided in paragraph (2) of this subsection
(s) and except for bargaining units in existence on July 1,
1984 (the effective date of this Act). With respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace

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officers, and peace officers in the Illinois State Police, a
bargaining unit determined by the Board shall not include both
supervisors and nonsupervisors, or supervisors only, except as
provided in paragraph (2) of this subsection (s) and except
for bargaining units in existence on January 1, 1986 (the
effective date of this amendatory Act of 1985). A bargaining
unit determined by the Board to contain peace officers shall
contain no employees other than peace officers unless
otherwise agreed to by the employer and the labor organization
or labor organizations involved. Notwithstanding any other
provision of this Act, a bargaining unit, including a
historical bargaining unit, containing sworn peace officers of
the Department of Natural Resources (formerly designated the
Department of Conservation) shall contain no employees other
than such sworn peace officers upon the effective date of this
amendatory Act of 1990 or upon the expiration date of any
collective bargaining agreement in effect upon the effective
date of this amendatory Act of 1990 covering both such sworn
peace officers and other employees.
(2) Notwithstanding the exclusion of supervisors from
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may bargain
with those units. This Act shall apply if the public employer
chooses to bargain under this subsection.
(3) Public employees who are court reporters, as defined

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in the Court Reporters Act, shall be divided into 3 units for
collective bargaining purposes. One unit shall be court
reporters employed by the Cook County Judicial Circuit; one
unit shall be court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd judicial
circuits; and one unit shall be court reporters employed by
all other judicial circuits.
(t) "Active petition for certification in a bargaining
unit" means a petition for certification filed with the Board
under one of the following case numbers: S-RC-11-110;
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
S-RC-07-100.
(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
102-686, eff. 6-1-22; 102-813, eff. 5-13-22; revised 6-13-22.)

SB1797 - 24 - LRB103 03433 AMQ 48439 b
(5 ILCS 315/7) (from Ch. 48, par. 1607)
Sec. 7. Duty to bargain. A public employer and the
exclusive representative have the authority and the duty to
bargain collectively set forth in this Section.
For the purposes of this Act, "to bargain collectively"
means the performance of the mutual obligation of the public
employer or his designated representative and the
representative of the public employees to meet at reasonable
times, including meetings in advance of the budget-making
process, and to negotiate in good faith with respect to wages,
hours, and other conditions of employment, not excluded by
Section 4 of this Act, or the negotiation of an agreement, or
any question arising thereunder and the execution of a written
contract incorporating any agreement reached if requested by
either party, but such obligation does not compel either party
to agree to a proposal or require the making of a concession.
The duty "to bargain collectively" shall also include an
obligation to negotiate over any matter with respect to wages,
hours and other conditions of employment, not specifically
provided for in any other law or not specifically in violation
of the provisions of any law. If any other law pertains, in
part, to a matter affecting the wages, hours and other
conditions of employment, such other law shall not be
construed as limiting the duty "to bargain collectively" and
to enter into collective bargaining agreements containing

SB1797 - 25 - LRB103 03433 AMQ 48439 b
clauses which either supplement, implement, or relate to the
effect of such provisions in other laws.
The duty "to bargain collectively" shall also include
negotiations as to the terms of a collective bargaining
agreement. The parties may, by mutual agreement, provide for
arbitration of impasses resulting from their inability to
agree upon wages, hours and terms and conditions of employment
to be included in a collective bargaining agreement. Such
arbitration provisions shall be subject to the Illinois
"Uniform Arbitration Act" unless agreed by the parties.
The duty "to bargain collectively" shall also mean that no
party to a collective bargaining contract shall terminate or
modify such contract, unless the party desiring such
termination or modification:
(1) serves a written notice upon the other party to
the contract of the proposed termination or modification
60 days prior to the expiration date thereof, or in the
event such contract contains no expiration date, 60 days
prior to the time it is proposed to make such termination
or modification;
(2) offers to meet and confer with the other party for
the purpose of negotiating a new contract or a contract
containing the proposed modifications;
(3) notifies the Board within 30 days after such
notice of the existence of a dispute, provided no
agreement has been reached by that time; and

SB1797 - 26 - LRB103 03433 AMQ 48439 b
(4) continues in full force and effect, without
resorting to strike or lockout, all the terms and
conditions of the existing contract for a period of 60
days after such notice is given to the other party or until
the expiration date of such contract, whichever occurs
later.
The duties imposed upon employers, employees and labor
organizations by paragraphs (2), (3) and (4) shall become
inapplicable upon an intervening certification of the Board,
under which the labor organization, which is a party to the
contract, has been superseded as or ceased to be the exclusive
representative of the employees pursuant to the provisions of
subsection (a) of Section 9, and the duties so imposed shall
not be construed as requiring either party to discuss or agree
to any modification of the terms and conditions contained in a
contract for a fixed period, if such modification is to become
effective before such terms and conditions can be reopened
under the provisions of the contract.
Collective bargaining for home care and home health
workers who function as personal assistants and individual
maintenance home health workers under the Home Services
Program shall be limited to the terms and conditions of
employment under the State's control, as defined in Public Act
93-204 or this amendatory Act of the 97th General Assembly, as
applicable.
Collective bargaining for child and day care home

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providers under the child care assistance program shall be
limited to the terms and conditions of employment under the
State's control, as defined in this amendatory Act of the 94th
General Assembly.
Notwithstanding any other provision of this Section,
whenever collective bargaining is for the purpose of
establishing an initial agreement following original
certification of units with fewer than 35 employees, with
respect to public employees other than peace officers, fire
fighters, and security employees, the following apply:
(1) Not later than 10 days after receiving a written
request for collective bargaining from a labor
organization that has been newly certified as a
representative as defined in Section 6(c), or within such
further period as the parties agree upon, the parties
shall meet and commence to bargain collectively and shall
make every reasonable effort to conclude and sign a
collective bargaining agreement.
(2) If anytime after the expiration of the 90-day
period beginning on the date on which bargaining is
commenced the parties have failed to reach an agreement,
either party may notify the Illinois Public Labor
Relations Board of the existence of a dispute and request
mediation in accordance with the provisions of Section 14
of this Act.
(3) If after the expiration of the 30-day period

SB1797 - 28 - LRB103 03433 AMQ 48439 b
beginning on the date on which mediation commenced, or
such additional period as the parties may agree upon, the
mediator is not able to bring the parties to agreement by
conciliation, either the exclusive representative of the
employees or the employer may request of the other, in
writing, arbitration and shall submit a copy of the
request to the board. Upon submission of the request for
arbitration, the parties shall be required to participate
in the impasse arbitration procedures set forth in Section
14 of this Act, except the right to strike shall not be
considered waived pursuant to Section 17 of this Act,
until the actual convening of the arbitration hearing.
(Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
Section 10. The Personnel Code is amended by changing
Section 9 as follows:
(20 ILCS 415/9) (from Ch. 127, par. 63b109)
Sec. 9. Director, powers and duties. The Director, as
executive head of the Department, shall direct and supervise
all its administrative and technical activities. In addition
to the duties imposed upon him elsewhere in this law, it shall
be his duty:
(1) To apply and carry out this law and the rules
adopted thereunder.
(2) To attend meetings of the Commission.

SB1797 - 29 - LRB103 03433 AMQ 48439 b
(3) To establish and maintain a roster of all
employees subject to this Act, in which there shall be set
forth, as to each employee, the class, title, pay, status,
and other pertinent data.
(4) To appoint, subject to the provisions of this Act,
such employees of the Department and such experts and
special assistants as may be necessary to carry out
effectively this law.
(5) Subject to such exemptions or modifications as may
be necessary to assure the continuity of federal
contributions in those agencies supported in whole or in
part by federal funds, to make appointments to vacancies;
to approve all written charges seeking discharge,
demotion, or other disciplinary measures provided in this
Act and to approve transfers of employees from one
geographical area to another in the State, in offices,
positions or places of employment covered by this Act,
after consultation with the operating unit.
(6) To formulate and administer service wide policies
and programs for the improvement of employee
effectiveness, including training, safety, health,
incentive recognition, counseling, welfare and employee
relations. The Department shall formulate and administer
recruitment plans and testing of potential employees for
agencies having direct contact with significant numbers of
non-English speaking or otherwise culturally distinct

SB1797 - 30 - LRB103 03433 AMQ 48439 b
persons. The Department shall require each State agency to
annually assess the need for employees with appropriate
bilingual capabilities to serve the significant numbers of
non-English speaking or culturally distinct persons. The
Department shall develop a uniform procedure for assessing
an agency's need for employees with appropriate bilingual
capabilities. Agencies shall establish occupational titles
or designate positions as "bilingual option" for persons
having sufficient linguistic ability or cultural knowledge
to be able to render effective service to such persons.
The Department shall ensure that any such option is
exercised according to the agency's needs assessment and
the requirements of this Code. The Department shall make
annual reports of the needs assessment of each agency and
the number of positions calling for non-English linguistic
ability to whom vacancy postings were sent, and the number
filled by each agency. Such policies and programs shall be
subject to approval by the Governor, provided that for
needs that require a certain linguistic ability that: (i)
have not been met for a posted position for a period of at
least one year; or (ii) arise when an individual's health
or safety would be placed in immediate risk, the
Department shall accept certifications of linguistic
competence from pre-approved third parties. To facilitate
expanding the scope of sources to demonstrate linguistic
competence, the Department shall issue standards for

SB1797 - 31 - LRB103 03433 AMQ 48439 b
demonstrating linguistic competence. No later than January
2024, the Department shall authorize at least one if not
more community colleges in the regions involving the
counties of Cook, Lake, McHenry, Kane, DuPage, Kendall,
Will, Sangamon, and 5 other geographically distributed
counties within the State to pre-test and certify
linguistic ability, and such certifications by candidates
shall be presumed to satisfy the linguistic ability
requirements for the job position. Such policies, program
reports and needs assessment reports, as well as
linguistic certification standards, shall be filed with
the General Assembly by January 1 of each year and shall be
available to the public.
The Department shall include within the report
required above the number of persons receiving the
bilingual pay supplement established by Section 8a.2 of
this Code. The report shall provide the number of persons
receiving the bilingual pay supplement for languages other
than English and for signing. The report shall also
indicate the number of persons, by the categories of
Hispanic and non-Hispanic, who are receiving the bilingual
pay supplement for language skills other than signing, in
a language other than English.
(7) To conduct negotiations affecting pay, hours of
work, or other working conditions of employees subject to
this Act.

SB1797 - 32 - LRB103 03433 AMQ 48439 b
(8) To make continuing studies to improve the
efficiency of State services to the residents of Illinois,
including but not limited to those who are non-English
speaking or culturally distinct, and to report his
findings and recommendations to the Commission and the
Governor.
(9) To investigate from time to time the operation and
effect of this law and the rules made thereunder and to
report his findings and recommendations to the Commission
and to the Governor.
(10) To make an annual report regarding the work of
the Department, and such special reports as he may
consider desirable, to the Commission and to the Governor,
or as the Governor or Commission may request.
(11) (Blank).
(12) To prepare and publish a semi-annual statement
showing the number of employees exempt and non-exempt from
merit selection in each department. This report shall be
in addition to other information on merit selection
maintained for public information under existing law.
(13) To authorize in every department or agency
subject to Jurisdiction C the use of flexible hours
positions. A flexible hours position is one that does not
require an ordinary work schedule as determined by the
Department and includes but is not limited to: 1) a part
time job of 20 hours or more per week, 2) a job which is

SB1797 - 33 - LRB103 03433 AMQ 48439 b
shared by 2 employees or a compressed work week consisting
of an ordinary number of working hours performed on fewer
than the number of days ordinarily required to perform
that job. The Department may define flexible time to
include other types of jobs that are defined above.
The Director and the director of each department or
agency shall together establish goals for flexible hours
positions to be available in every department or agency.
The Department shall give technical assistance to
departments and agencies in achieving their goals, and
shall report to the Governor and the General Assembly each
year on the progress of each department and agency.
When a goal of 10% of the positions in a department or
agency being available on a flexible hours basis has been
reached, the Department shall evaluate the effectiveness
and efficiency of the program and determine whether to
expand the number of positions available for flexible
hours to 20%.
When a goal of 20% of the positions in a department or
agency being available on a flexible hours basis has been
reached, the Department shall evaluate the effectiveness
and efficiency of the program and determine whether to
expand the number of positions available for flexible
hours.
Each department shall develop a plan for
implementation of flexible work requirements designed to

SB1797 - 34 - LRB103 03433 AMQ 48439 b
reduce the need for child day care of employees' children
outside the home. Each department shall submit a report of
its plan to the Department of Central Management Services
and the General Assembly. This report shall be submitted
biennially by March 1, with the first report due March 1,
1993.
(14) To perform any other lawful acts which he may
consider necessary or desirable to carry out the purposes
and provisions of this law.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 102-952, eff. 1-1-23.)
Section 15. The Children and Family Services Act is
amended by changing Sections 5, 5a, 5.15, 21, 22.1, and 22.4 as
follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.

SB1797 - 35 - LRB103 03433 AMQ 48439 b
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also includes
persons under age 21 who:
(A) were committed to the Department pursuant to
the Juvenile Court Act or the Juvenile Court Act of
1987 and who continue under the jurisdiction of the
court; or
(B) were accepted for care, service and training
by the Department prior to the age of 18 and whose best
interest in the discretion of the Department would be
served by continuing that care, service and training
because of severe emotional disturbances, physical
disability, social adjustment or any combination
thereof, or because of the need to complete an
educational or vocational training program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health, safety
and welfare of children, including homeless,
dependent, or neglected children;

SB1797 - 36 - LRB103 03433 AMQ 48439 b
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation, or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable and
possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who have
been removed, by the provision of services to the
child and the families when the child can be cared for
at home without endangering the child's health and
safety;
(E) placing children in suitable adoptive homes,
in cases where restoration to the biological family is
not safe, possible, or appropriate;
(F) assuring safe and adequate care of children
away from their homes, in cases where the child cannot
be returned home or cannot be placed for adoption. At
the time of placement, the Department shall consider
concurrent planning, as described in subsection (l-1)
of this Section so that permanency may occur at the
earliest opportunity. Consideration should be given so
that if reunification fails or is delayed, the

SB1797 - 37 - LRB103 03433 AMQ 48439 b
placement made is the best available placement to
provide permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in facilities
that provide separate living quarters for children
under the age of 18 and for children 18 years of age
and older, unless a child 18 years of age is in the
last year of high school education or vocational
training, in an approved individual or group treatment
program, in a licensed shelter facility, or secure
child care facility. The Department is not required to
place or maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting, or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18
years of age and older and for children under 18
years of age.
(b) (Blank).
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to

SB1797 - 38 - LRB103 03433 AMQ 48439 b
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract
or the remaining months of the fiscal year, whichever is less,
and the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies
for child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child safety and protection, family preservation,

SB1797 - 39 - LRB103 03433 AMQ 48439 b
family reunification, and adoption, including, but not limited
to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
Court Act of 1987 in accordance with the federal Adoption
Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in screening techniques to identify substance
use disorders, as defined in the Substance Use Disorder Act,
approved by the Department of Human Services, as a successor
to the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred for an assessment at an organization appropriately
licensed by the Department of Human Services for substance use
disorder treatment.

SB1797 - 40 - LRB103 03433 AMQ 48439 b
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for
a youth in care and that no licensed private facility has an
adequate and appropriate program or none agrees to accept the
youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care.
The plan may be developed within the Department or through
purchase of services by the Department to the extent that it is
within its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) child day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of the
services it makes available to children or families or for

SB1797 - 41 - LRB103 03433 AMQ 48439 b
which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were
youth in care or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have
been terminated or because the child's adoptive parents have
died. The Department may continue to provide financial
assistance and education assistance grants for a child who was
determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the
child's adoptive parents died and ending with the finalization
of the new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25, or 5-740 of the Juvenile Court Act of 1987 for children
who were youth in care for 12 months immediately prior to the
appointment of the guardian.

SB1797 - 42 - LRB103 03433 AMQ 48439 b
The amount of assistance may vary, depending upon the
needs of the child and the adoptive parents, as set forth in
the annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such
costs may not exceed the amounts which similar services would
cost the Department if it were to provide or secure them as
guardian of the child.
Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
(j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or
outside of the State of Illinois.
(k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act
or the Juvenile Court Act of 1987.
(l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and
Neglected Child Reporting Act, to help families, including
adoptive and extended families. Family preservation services
shall be offered (i) to prevent the placement of children in
substitute care when the children can be cared for at home or
in the custody of the person responsible for the children's

SB1797 - 43 - LRB103 03433 AMQ 48439 b
welfare, (ii) to reunite children with their families, or
(iii) to maintain an adoptive placement. Family preservation
services shall only be offered when doing so will not endanger
the children's health or safety. With respect to children who
are in substitute care pursuant to the Juvenile Court Act of
1987, family preservation services shall not be offered if a
goal other than those of subdivisions (A), (B), or (B-1) of
subsection (2) of Section 2-28 of that Act has been set, except
that reunification services may be offered as provided in
paragraph (F) of subsection (2) of Section 2-28 of that Act.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
The Department shall notify the child and his family of
the Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon as
the report is determined to be "indicated". The Department may
offer services to any child or family with respect to whom a

SB1797 - 44 - LRB103 03433 AMQ 48439 b
report of suspected child abuse or neglect has been filed,
prior to concluding its investigation under Section 7.12 of
the Abused and Neglected Child Reporting Act. However, the
child's or family's willingness to accept services shall not
be considered in the investigation. The Department may also
provide services to any child or family who is the subject of
any report of suspected child abuse or neglect or may refer
such child or family to services available from other agencies
in the community, even if the report is determined to be
unfounded, if the conditions in the child's or family's home
are reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of
such services shall be voluntary. The Department may also
provide services to any child or family after completion of a
family assessment, as an alternative to an investigation, as
provided under the "differential response program" provided
for in subsection (a-5) of Section 7.4 of the Abused and
Neglected Child Reporting Act.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. On and after January 1, 2015 (the

SB1797 - 45 - LRB103 03433 AMQ 48439 b
effective date of Public Act 98-803) and before January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except (i) a minor
less than 16 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition
to reinstate wardship pursuant to subsection (2) of Section
2-33 of the Juvenile Court Act of 1987. On and after January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except (i) a minor
less than 15 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition
to reinstate wardship pursuant to subsection (2) of Section
2-33 of the Juvenile Court Act of 1987. An independent basis
exists when the allegations or adjudication of abuse, neglect,
or dependency do not arise from the same facts, incident, or
circumstances which give rise to a charge or adjudication of

SB1797 - 46 - LRB103 03433 AMQ 48439 b
delinquency. The Department shall assign a caseworker to
attend any hearing involving a youth in the care and custody of
the Department who is placed on aftercare release, including
hearings involving sanctions for violation of aftercare
release conditions and aftercare release revocation hearings.
As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to
support intact, foster, and adoptive families who are
experiencing extreme hardships due to the difficulty and
stress of caring for a child who has been diagnosed with a
pervasive developmental disorder if the Department determines
that those services are necessary to ensure the health and
safety of the child. The Department may offer services to any
family whether or not a report has been filed under the Abused
and Neglected Child Reporting Act. The Department may refer
the child or family to services available from other agencies
in the community if the conditions in the child's or family's
home are reasonably likely to subject the child or family to
future reports of suspected child abuse or neglect. Acceptance
of these services shall be voluntary. The Department shall
develop and implement a public information campaign to alert
health and social service providers and the general public
about these special family preservation services. The nature
and scope of the services offered and the number of families
served under the special program implemented under this

SB1797 - 47 - LRB103 03433 AMQ 48439 b
paragraph shall be determined by the level of funding that the
Department annually allocates for this purpose. The term
"pervasive developmental disorder" under this paragraph means
a neurological condition, including, but not limited to,
Asperger's Syndrome and autism, as defined in the most recent
edition of the Diagnostic and Statistical Manual of Mental
Disorders of the American Psychiatric Association.
(l-1) The legislature recognizes that the best interests
of the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with
respect to a child, as described in this subsection, and in
making such reasonable efforts, the child's health and safety
shall be the paramount concern.
When a child is placed in foster care, the Department
shall ensure and document that reasonable efforts were made to

SB1797 - 48 - LRB103 03433 AMQ 48439 b
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child
occurs unless otherwise required, pursuant to the Juvenile
Court Act of 1987. At any time after the dispositional hearing
where the Department believes that further reunification
services would be ineffective, it may request a finding from
the court that reasonable efforts are no longer appropriate.
The Department is not required to provide further
reunification services after such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by
the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the

SB1797 - 49 - LRB103 03433 AMQ 48439 b
family to reunite;
(6) the willingness and ability of the foster family
to provide an adoptive home or long-term placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such
temporary custody signed by the parents of the child or by
the parent having custody of the child if the parents are
not living together or by the guardian or custodian of the
child if the child is not in the custody of either parent,
or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be
located.
If the child is found in his or her residence without a parent,
guardian, custodian, or responsible caretaker, the Department
may, instead of removing the child and assuming temporary
custody, place an authorized representative of the Department
in that residence until such time as a parent, guardian, or
custodian enters the home and expresses a willingness and
apparent ability to ensure the child's health and safety and
resume permanent charge of the child, or until a relative
enters the home and is willing and able to ensure the child's
health and safety and assume charge of the child until a

SB1797 - 50 - LRB103 03433 AMQ 48439 b
parent, guardian, or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile
Court Act of 1987. Whenever a child is taken into temporary
custody pursuant to an investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral and
acceptance under the Juvenile Court Act of 1987 of a minor in
limited custody, the Department, during the period of
temporary custody and before the child is brought before a
judicial officer as required by Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987, shall have the
authority, responsibilities and duties that a legal custodian
of the child would have under subsection (9) of Section 1-3 of
the Juvenile Court Act of 1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian, or custodian of a child in the
temporary custody of the Department who would have custody of
the child if he were not in the temporary custody of the

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Department may deliver to the Department a signed request that
the Department surrender the temporary custody of the child.
The Department may retain temporary custody of the child for
10 days after the receipt of the request, during which period
the Department may cause to be filed a petition pursuant to the
Juvenile Court Act of 1987. If a petition is so filed, the
Department shall retain temporary custody of the child until
the court orders otherwise. If a petition is not filed within
the 10-day period, the child shall be surrendered to the
custody of the requesting parent, guardian, or custodian not
later than the expiration of the 10-day period, at which time
the authority and duties of the Department with respect to the
temporary custody of the child shall terminate.
(m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the
Director or the Director's designate prior to admission to the
facility subject to Section 2-27.1 of the Juvenile Court Act
of 1987. This subsection (m-1) does not apply to a child who is
subject to placement in a correctional facility operated
pursuant to Section 3-15-2 of the Unified Code of Corrections,
unless the child is a youth in care who was placed in the care
of the Department before being subject to placement in a
correctional facility and a court of competent jurisdiction

SB1797 - 52 - LRB103 03433 AMQ 48439 b
has ordered placement of the child in a secure care facility.
(n) The Department may place children under 18 years of
age in licensed child care facilities when in the opinion of
the Department, appropriate services aimed at family
preservation have been unsuccessful and cannot ensure the
child's health and safety or are unavailable and such
placement would be for their best interest. Payment for board,
clothing, care, training and supervision of any child placed
in a licensed child care facility may be made by the
Department, by the parents or guardians of the estates of
those children, or by both the Department and the parents or
guardians, except that no payments shall be made by the
Department for any child placed in a licensed child care
facility for board, clothing, care, training and supervision
of such a child that exceed the average per capita cost of
maintaining and of caring for a child in institutions for
dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases
where children require specialized care and treatment for
problems of severe emotional disturbance, physical disability,
social adjustment, or any combination thereof and suitable
facilities for the placement of such children are not
available at payment rates within the limitations set forth in
this Section. All reimbursements for services delivered shall
be absolutely inalienable by assignment, sale, attachment, or
garnishment or otherwise.

SB1797 - 53 - LRB103 03433 AMQ 48439 b
(n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services
under this Section through the Department of Children and
Family Services or by referral from the Department of Human
Services. Youth participating in services under this Section
shall cooperate with the assigned case manager in developing
an agreement identifying the services to be provided and how
the youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan.
The Department of Children and Family Services shall create
clear, readable notice of the rights of former foster youth to
child welfare services under this Section and how such
services may be obtained. The Department of Children and

SB1797 - 54 - LRB103 03433 AMQ 48439 b
Family Services and the Department of Human Services shall
disseminate this information statewide. The Department shall
adopt regulations describing services intended to assist
minors in achieving sustainable self-sufficiency as
independent adults.
(o) The Department shall establish an administrative
review and appeal process for children and families who
request or receive child welfare services from the Department.
Youth in care who are placed by private child welfare
agencies, and foster families with whom those youth are
placed, shall be afforded the same procedural and appeal
rights as children and families in the case of placement by the
Department, including the right to an initial review of a
private agency decision by that agency. The Department shall
ensure that any private child welfare agency, which accepts
youth in care for placement, affords those rights to children
and foster families. The Department shall accept for
administrative review and an appeal hearing a complaint made
by (i) a child or foster family concerning a decision
following an initial review by a private child welfare agency
or (ii) a prospective adoptive parent who alleges a violation
of subsection (j-5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be
conducted in an expedited manner. A court determination that a
current foster home placement is necessary and appropriate
under Section 2-28 of the Juvenile Court Act of 1987 does not

SB1797 - 55 - LRB103 03433 AMQ 48439 b
constitute a judicial determination on the merits of an
administrative appeal, filed by a former foster parent,
involving a change of placement decision.
(p) (Blank).
(q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation, or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department, except that the benefits described in Section
5.46 must be used and conserved consistent with the provisions
under Section 5.46.
The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for
Veterans' Benefits, Social Security benefits, assistance
allotments from the armed forces, court ordered payments,
parental voluntary payments, Supplemental Security Income,
Railroad Retirement payments, Black Lung benefits, or other
miscellaneous payments. Interest earned by each account shall
be credited to the account, unless disbursed in accordance
with this subsection.
In disbursing funds from children's accounts, the
Department shall:
(1) Establish standards in accordance with State and

SB1797 - 56 - LRB103 03433 AMQ 48439 b
federal laws for disbursing money from children's
accounts. In all circumstances, the Department's
"Guardianship Administrator" or his or her designee must
approve disbursements from children's accounts. The
Department shall be responsible for keeping complete
records of all disbursements for each account for any
purpose.
(2) Calculate on a monthly basis the amounts paid from
State funds for the child's board and care, medical care
not covered under Medicaid, and social services; and
utilize funds from the child's account, as covered by
regulation, to reimburse those costs. Monthly,
disbursements from all children's accounts, up to 1/12 of
$13,000,000, shall be deposited by the Department into the
General Revenue Fund and the balance over 1/12 of
$13,000,000 into the DCFS Children's Services Fund.
(3) Maintain any balance remaining after reimbursing
for the child's costs of care, as specified in item (2).
The balance shall accumulate in accordance with relevant
State and federal laws and shall be disbursed to the child
or his or her guardian, or to the issuing agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to
the Department or its agent names and addresses of all persons
who have applied for and have been approved for adoption of a
hard-to-place child or child with a disability and the names

SB1797 - 57 - LRB103 03433 AMQ 48439 b
of such children who have not been placed for adoption. A list
of such names and addresses shall be maintained by the
Department or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and
of the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing
such children for adoption. The Department may delegate to an
agent its duty to maintain and make available such lists. The
Department shall ensure that such agent maintains the
confidentiality of the person seeking to adopt the child and
of the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for
such purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and

SB1797 - 58 - LRB103 03433 AMQ 48439 b
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court specifically
directs the Department to perform such services; and
(2) the court has ordered one or both of the parties to
the proceeding to reimburse the Department for its
reasonable costs for providing such services in accordance
with Department rules, or has determined that neither
party is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
(u) In addition to other information that must be
provided, whenever the Department places a child with a
prospective adoptive parent or parents, in a licensed foster
home, group home, or child care institution, or in a relative
home, the Department shall provide to the prospective adoptive
parent or parents or other caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical card
information), a history of the child's previous
placements, if any, and reasons for placement changes

SB1797 - 59 - LRB103 03433 AMQ 48439 b
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client
service plan, including any visitation arrangement, and
all amendments or revisions to it as related to the child;
and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
The information described in this subsection shall be
provided in writing. In the case of emergency placements when

SB1797 - 60 - LRB103 03433 AMQ 48439 b
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker
shall be reviewed and approved regarding accuracy at the
supervisory level.
(u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction

SB1797 - 61 - LRB103 03433 AMQ 48439 b
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Illinois State Police Law if the Department determines
the information is necessary to perform its duties under the
Abused and Neglected Child Reporting Act, the Child Care Act
of 1969, and the Children and Family Services Act. The
Department shall provide for interactive computerized
communication and processing equipment that permits direct
on-line communication with the Illinois State Police's central
criminal history data repository. The Department shall comply
with all certification requirements and provide certified
operators who have been trained by personnel from the Illinois
State Police. In addition, one Office of the Inspector General
investigator shall have training in the use of the criminal
history information access system and have access to the
terminal. The Department of Children and Family Services and
its employees shall abide by rules and regulations established
by the Illinois State Police relating to the access and
dissemination of this information.
(v-1) Prior to final approval for placement of a child,
the Department shall conduct a criminal records background
check of the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted
if the record check reveals a felony conviction for child
abuse or neglect, for spousal abuse, for a crime against

SB1797 - 62 - LRB103 03433 AMQ 48439 b
children, or for a crime involving violence, including rape,
sexual assault, or homicide, but not including other physical
assault or battery, or if there is a felony conviction for
physical assault, battery, or a drug-related offense committed
within the past 5 years.
(v-2) Prior to final approval for placement of a child,
the Department shall check its child abuse and neglect
registry for information concerning prospective foster and
adoptive parents, and any adult living in the home. If any
prospective foster or adoptive parent or other adult living in
the home has resided in another state in the preceding 5 years,
the Department shall request a check of that other state's
child abuse and neglect registry.
(w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean a facility that is designed and operated to ensure that
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the
freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall

SB1797 - 63 - LRB103 03433 AMQ 48439 b
include descriptions of the types of facilities that are
needed in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
(x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a youth in care turns 12 years old and each year
thereafter for the duration of the guardianship as terminated
pursuant to the Juvenile Court Act of 1987. The Department
shall determine if financial exploitation of the child's
personal information has occurred. If financial exploitation
appears to have taken place or is presently ongoing, the
Department shall notify the proper law enforcement agency, the
proper State's Attorney, or the Attorney General.
(y) Beginning on July 22, 2010 (the effective date of
Public Act 96-1189), a child with a disability who receives
residential and educational services from the Department shall
be eligible to receive transition services in accordance with
Article 14 of the School Code from the age of 14.5 through age
21, inclusive, notwithstanding the child's residential

SB1797 - 64 - LRB103 03433 AMQ 48439 b
services arrangement. For purposes of this subsection, "child
with a disability" means a child with a disability as defined
by the federal Individuals with Disabilities Education
Improvement Act of 2004.
(z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined
in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit his or her
fingerprints to the Illinois State Police in the form and
manner prescribed by the Illinois State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Illinois State Police and the
Federal Bureau of Investigation criminal history records
databases. The Illinois State Police shall charge a fee for
conducting the criminal history record check, which shall be
deposited into the State Police Services Fund and shall not
exceed the actual cost of the record check. The Illinois State
Police shall furnish, pursuant to positive identification, all
Illinois conviction information to the Department of Children
and Family Services.
For purposes of this subsection:
"Background information" means all of the following:
(i) Upon the request of the Department of Children and
Family Services, conviction information obtained from the

SB1797 - 65 - LRB103 03433 AMQ 48439 b
Illinois State Police as a result of a fingerprint-based
criminal history records check of the Illinois criminal
history records database and the Federal Bureau of
Investigation criminal history records database concerning
a Department employee or Department applicant.
(ii) Information obtained by the Department of
Children and Family Services after performing a check of
the Illinois State Police's Sex Offender Database, as
authorized by Section 120 of the Sex Offender Community
Notification Law, concerning a Department employee or
Department applicant.
(iii) Information obtained by the Department of
Children and Family Services after performing a check of
the Child Abuse and Neglect Tracking System (CANTS)
operated and maintained by the Department.
"Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
"Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into

SB1797 - 66 - LRB103 03433 AMQ 48439 b
contact with Department clients or client records.
(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
8-20-21; 102-1014, eff. 5-27-22.)
(20 ILCS 505/5a) (from Ch. 23, par. 5005a)
(Text of Section before amendment by P.A. 102-926)
Sec. 5a. Reimbursable services for which the Department of
Children and Family Services shall pay 100% of the reasonable
cost pursuant to a written contract negotiated between the
Department and the agency furnishing the services (which shall
include but not be limited to the determination of reasonable
cost, the services being purchased and the duration of the
agreement) include, but are not limited to:
SERVICE ACTIVITIES
Adjunctive Therapy;
Child Care Service, including day care;
Clinical Therapy;
Custodial Service;
Field Work Students;
Food Service;
Normal Education;
In-Service Training;
Intake or Evaluation, or both;
Medical Services;

SB1797 - 67 - LRB103 03433 AMQ 48439 b
Recreation;
Social Work or Counselling, or both;
Supportive Staff;
Volunteers.
OBJECT EXPENSES
Professional Fees and Contract Service Payments;
Supplies;
Telephone and Telegram;
Occupancy;
Local Transportation;
Equipment and Other Fixed Assets, including amortization
of same;
Miscellaneous.
ADMINISTRATIVE COSTS
Program Administration;
Supervision and Consultation;
Inspection and Monitoring for purposes of issuing
licenses;
Determination of Children who are eligible
for federal or other reimbursement;
Postage and Shipping;
Outside Printing, Artwork, etc.;
Subscriptions and Reference Publications;
Management and General Expense.

SB1797 - 68 - LRB103 03433 AMQ 48439 b
Reimbursement of administrative costs other than inspection
and monitoring for purposes of issuing licenses may not exceed
20% of the costs for other services.
The Department may offer services to any child or family
with respect to whom a report of suspected child abuse or
neglect has been called in to the hotline after completion of a
family assessment as provided under subsection (a-5) of
Section 7.4 of the Abused and Neglected Child Reporting Act
and the Department has determined that services are needed to
address the safety of the child and other family members and
the risk of subsequent maltreatment. Acceptance of such
services shall be voluntary.
All Object Expenses, Service Activities and Administrative
Costs are allowable.
If a survey instrument is used in the rate setting
process:
(a) with respect to any child day care centers, it
shall be limited to those agencies which receive
reimbursement from the State;
(b) the cost survey instrument shall be promulgated by
rule;
(c) any requirements of the respondents shall be
promulgated by rule;
(d) all screens, limits or other tests of
reasonableness, allowability and reimbursability shall be
promulgated by rule;

SB1797 - 69 - LRB103 03433 AMQ 48439 b
(e) adjustments may be made by the Department to rates
when it determines that reported wage and salary levels
are insufficient to attract capable caregivers in
sufficient numbers.
The Department of Children and Family Services may pay
100% of the reasonable costs of research and valuation focused
exclusively on services to youth in care. Such research
projects must be approved, in advance, by the Director of the
Department.
In addition to reimbursements otherwise provided for in
this Section, the Department of Human Services shall, in
accordance with annual written agreements, make advance
quarterly disbursements to local public agencies for child day
care services with funds appropriated from the Local Effort
Day Care Fund.
Neither the Department of Children and Family Services nor
the Department of Human Services shall pay or approve
reimbursement for child day care in a facility which is
operating without a valid license or permit, except in the
case of child day care homes or child day care centers which
are exempt from the licensing requirements of the "Child Care
Act of 1969".
(Source: P.A. 100-159, eff. 8-18-17.)
(Text of Section after amendment by P.A. 102-926)
Sec. 5a. Reimbursable services for which the Department of

SB1797 - 70 - LRB103 03433 AMQ 48439 b
Children and Family Services shall pay 100% of the reasonable
cost pursuant to a written contract negotiated between the
Department and the agency furnishing the services (which shall
include but not be limited to the determination of reasonable
cost, the services being purchased and the duration of the
agreement) include, but are not limited to:
SERVICE ACTIVITIES
Adjunctive Therapy;
Child Care Service, including day care;
Clinical Therapy;
Custodial Service;
Field Work Students;
Food Service;
Normal Education;
In-Service Training;
Intake or Evaluation, or both;
Medical Services;
Recreation;
Social Work or Counselling, or both;
Supportive Staff;
Volunteers.
OBJECT EXPENSES
Professional Fees and Contract Service Payments;
Supplies;

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Telephone and Telegram;
Occupancy;
Local Transportation;
Equipment and Other Fixed Assets, including amortization
of same;
Miscellaneous.
ADMINISTRATIVE COSTS
Program Administration;
Supervision and Consultation;
Inspection and Monitoring for purposes of issuing
licenses;
Determination of Children who are eligible
for federal or other reimbursement;
Postage and Shipping;
Outside Printing, Artwork, etc.;
Subscriptions and Reference Publications;
Management and General Expense.
Reimbursement of administrative costs other than inspection
and monitoring for purposes of issuing licenses may not exceed
20% of the costs for other services.
The Department may offer services to any child or family
with respect to whom a report of suspected child abuse or
neglect has been called in to the hotline after completion of a
family assessment as provided under subsection (a-5) of
Section 7.4 of the Abused and Neglected Child Reporting Act

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and the Department has determined that services are needed to
address the safety of the child and other family members and
the risk of subsequent maltreatment. Acceptance of such
services shall be voluntary.
All Object Expenses, Service Activities and Administrative
Costs are allowable.
If a survey instrument is used in the rate setting
process:
(a) with respect to any child day care centers, it
shall be limited to those agencies which receive
reimbursement from the State;
(b) the cost survey instrument shall be promulgated by
rule;
(c) any requirements of the respondents shall be
promulgated by rule;
(d) all screens, limits or other tests of
reasonableness, allowability and reimbursability shall be
promulgated by rule;
(e) adjustments may be made by the Department to rates
when it determines that reported wage and salary levels
are insufficient to attract capable caregivers in
sufficient numbers.
The Department of Children and Family Services may pay
100% of the reasonable costs of research and valuation focused
exclusively on services to youth in care. Such research
projects must be approved, in advance, by the Director of the

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Department.
In addition to reimbursements otherwise provided for in
this Section, the Department of Human Services shall, in
accordance with annual written agreements, make advance
quarterly disbursements to local public agencies for child day
care services with funds appropriated from the Local Effort
Day Care Fund.
Neither the Department of Children and Family Services nor
the Department of Human Services shall pay or approve
reimbursement for child day care in a facility which is
operating without a valid license or permit, except in the
case of child day care homes or child day care centers which
are exempt from the licensing requirements of the "Child Care
Act of 1969".
The rates paid to child day care providers by the
Department of Children and Family Services shall match the
rates paid to child care providers by the Department of Human
Services under the child care assistance program, including
base rates and any relevant rate enhancements.
(Source: P.A. 102-926, eff. 7-1-23.)
(20 ILCS 505/5.15)
Sec. 5.15. Child care Daycare; Department of Human
Services.
(a) For the purpose of ensuring effective statewide
planning, development, and utilization of resources for the

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child day care of children, operated under various auspices,
the Department of Human Services is designated to coordinate
all child day care activities for children of the State and
shall develop or continue, and shall update every year, a
State comprehensive child care day-care plan for submission to
the Governor that identifies high-priority areas and groups,
relating them to available resources and identifying the most
effective approaches to the use of existing child day care
services. The State comprehensive child care day-care plan
shall be made available to the General Assembly following the
Governor's approval of the plan.
The plan shall include methods and procedures for the
development of additional child day care resources for
children to meet the goal of reducing short-run and long-run
dependency and to provide necessary enrichment and stimulation
to the education of young children. Recommendations shall be
made for State policy on optimum use of private and public,
local, State and federal resources, including an estimate of
the resources needed for the licensing and regulation of child
day care facilities.
A written report shall be submitted to the Governor and
the General Assembly annually on April 15. The report shall
include an evaluation of developments over the preceding
fiscal year, including cost-benefit analyses of various
arrangements. Beginning with the report in 1990 submitted by
the Department's predecessor agency and every 2 years

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thereafter, the report shall also include the following:
(1) An assessment of the child care services, needs
and available resources throughout the State and an
assessment of the adequacy of existing child care
services, including, but not limited to, services assisted
under this Act and under any other program administered by
other State agencies.
(2) A survey of child day care facilities to determine
the number of qualified caregivers, as defined by rule,
attracted to vacant positions and any problems encountered
by facilities in attracting and retaining capable
caregivers. The report shall include an assessment, based
on the survey, of improvements in employee benefits that
may attract capable caregivers.
(3) The average wages and salaries and fringe benefit
packages paid to caregivers throughout the State, computed
on a regional basis, compared to similarly qualified
employees in other but related fields.
(4) The qualifications of new caregivers hired at
licensed child day care facilities during the previous
2-year period.
(5) Recommendations for increasing caregiver wages and
salaries to ensure quality care for children.
(6) Evaluation of the fee structure and income
eligibility for child care subsidized by the State.
The requirement for reporting to the General Assembly

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shall be satisfied by filing copies of the report as required
by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(b) The Department of Human Services shall establish
policies and procedures for developing and implementing
interagency agreements with other agencies of the State
providing child care services or reimbursement for such
services. The plans shall be annually reviewed and modified
for the purpose of addressing issues of applicability and
service system barriers.
(c) In cooperation with other State agencies, the
Department of Human Services shall develop and implement, or
shall continue, a resource and referral system for the State
of Illinois either within the Department or by contract with
local or regional agencies. Funding for implementation of this
system may be provided through Department appropriations or
other inter-agency funding arrangements. The resource and
referral system shall provide at least the following services:
(1) Assembling and maintaining a data base on the
supply of child care services.
(2) Providing information and referrals for parents.
(3) Coordinating the development of new child care
resources.
(4) Providing technical assistance and training to

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child care service providers.
(5) Recording and analyzing the demand for child care
services.
(d) The Department of Human Services shall conduct child
day care planning activities with the following priorities:
(1) Development of voluntary child day care resources
wherever possible, with the provision for grants-in-aid
only where demonstrated to be useful and necessary as
incentives or supports. By January 1, 2002, the Department
shall design a plan to create more child care slots as well
as goals and timetables to improve quality and
accessibility of child care.
(2) Emphasis on service to children of recipients of
public assistance when such service will allow training or
employment of the parent toward achieving the goal of
independence.
(3) (Blank).
(4) Care of children from families in stress and
crises whose members potentially may become, or are in
danger of becoming, non-productive and dependent.
(5) Expansion of family child day care facilities
wherever possible.
(6) Location of centers in economically depressed
neighborhoods, preferably in multi-service centers with
cooperation of other agencies. The Department shall
coordinate the provision of grants, but only to the extent

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funds are specifically appropriated for this purpose, to
encourage the creation and expansion of child care centers
in high need communities to be issued by the State,
business, and local governments.
(7) Use of existing facilities free of charge or for
reasonable rental whenever possible in lieu of
construction.
(8) Development of strategies for assuring a more
complete range of child day care options, including
provision of child day care services in homes, in schools,
or in centers, which will enable a parent or parents to
complete a course of education or obtain or maintain
employment and the creation of more child care options for
swing shift, evening, and weekend workers and for working
women with sick children. The Department shall encourage
companies to provide child care in their own offices or in
the building in which the corporation is located so that
employees of all the building's tenants can benefit from
the facility.
(9) Development of strategies for subsidizing students
pursuing degrees in the child care field.
(10) Continuation and expansion of service programs
that assist teen parents to continue and complete their
education.
Emphasis shall be given to support services that will help
to ensure such parents' graduation from high school and to

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services for participants in any programs of job training
conducted by the Department.
(e) The Department of Human Services shall actively
stimulate the development of public and private resources at
the local level. It shall also seek the fullest utilization of
federal funds directly or indirectly available to the
Department.
Where appropriate, existing non-governmental agencies or
associations shall be involved in planning by the Department.
(f) To better accommodate the child care needs of low
income working families, especially those who receive
Temporary Assistance for Needy Families (TANF) or who are
transitioning from TANF to work, or who are at risk of
depending on TANF in the absence of child care, the Department
shall complete a study using outcome-based assessment
measurements to analyze the various types of child care needs,
including but not limited to: child care homes; child care
facilities; before and after school care; and evening and
weekend care. Based upon the findings of the study, the
Department shall develop a plan by April 15, 1998, that
identifies the various types of child care needs within
various geographic locations. The plan shall include, but not
be limited to, the special needs of parents and guardians in
need of non-traditional child care services such as early
mornings, evenings, and weekends; the needs of very low income
families and children and how they might be better served; and

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strategies to assist child care providers to meet the needs
and schedules of low income families.
(Source: P.A. 100-1148, eff. 12-10-18.)
(20 ILCS 505/21) (from Ch. 23, par. 5021)
Sec. 21. Investigative powers; training.
(a) To make such investigations as it may deem necessary
to the performance of its duties.
(b) In the course of any such investigation any qualified
person authorized by the Director may administer oaths and
secure by its subpoena both the attendance and testimony of
witnesses and the production of books and papers relevant to
such investigation. Any person who is served with a subpoena
by the Department to appear and testify or to produce books and
papers, in the course of an investigation authorized by law,
and who refuses or neglects to appear, or to testify, or to
produce books and papers relevant to such investigation, as
commanded in such subpoena, shall be guilty of a Class B
misdemeanor. The fees of witnesses for attendance and travel
shall be the same as the fees of witnesses before the circuit
courts of this State. Any circuit court of this State, upon
application of the person requesting the hearing or the
Department, may compel the attendance of witnesses, the
production of books and papers, and giving of testimony before
the Department or before any authorized officer or employee
thereof, by an attachment for contempt or otherwise, in the

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same manner as production of evidence may be compelled before
such court. Every person who, having taken an oath or made
affirmation before the Department or any authorized officer or
employee thereof, shall willfully swear or affirm falsely,
shall be guilty of perjury and upon conviction shall be
punished accordingly.
(c) Investigations initiated under this Section shall
provide individuals due process of law, including the right to
a hearing, to cross-examine witnesses, to obtain relevant
documents, and to present evidence. Administrative findings
shall be subject to the provisions of the Administrative
Review Law.
(d) Beginning July 1, 1988, any child protective
investigator or supervisor or child welfare specialist or
supervisor employed by the Department on the effective date of
this amendatory Act of 1987 shall have completed a training
program which shall be instituted by the Department. The
training program shall include, but not be limited to, the
following: (1) training in the detection of symptoms of child
neglect and drug abuse; (2) specialized training for dealing
with families and children of drug abusers; and (3) specific
training in child development, family dynamics and interview
techniques. Such program shall conform to the criteria and
curriculum developed under Section 4 of the Child Protective
Investigator and Child Welfare Specialist Certification Act of
1987. Failure to complete such training due to lack of

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opportunity provided by the Department shall in no way be
grounds for any disciplinary or other action against an
investigator or a specialist.
The Department shall develop a continuous inservice staff
development program and evaluation system. Each child
protective investigator and supervisor and child welfare
specialist and supervisor shall participate in such program
and evaluation and shall complete a minimum of 20 hours of
inservice education and training every 2 years in order to
maintain certification.
Any child protective investigator or child protective
supervisor, or child welfare specialist or child welfare
specialist supervisor hired by the Department who begins his
actual employment after the effective date of this amendatory
Act of 1987, shall be certified pursuant to the Child
Protective Investigator and Child Welfare Specialist
Certification Act of 1987 before he begins such employment.
Nothing in this Act shall replace or diminish the rights of
employees under the Illinois Public Labor Relations Act, as
amended, or the National Labor Relations Act. In the event of
any conflict between either of those Acts, or any collective
bargaining agreement negotiated thereunder, and the provisions
of subsections (d) and (e), the former shall prevail and
control.
(e) The Department shall develop and implement the
following:

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(1) A standardized child endangerment risk assessment
protocol.
(2) Related training procedures.
(3) A standardized method for demonstration of
proficiency in application of the protocol.
(4) An evaluation of the reliability and validity of
the protocol.
All child protective investigators and supervisors and child
welfare specialists and supervisors employed by the Department
or its contractors shall be required, subsequent to the
availability of training under this Act, to demonstrate
proficiency in application of the protocol previous to being
permitted to make decisions about the degree of risk posed to
children for whom they are responsible. The Department shall
establish a multi-disciplinary advisory committee appointed by
the Director, including but not limited to representatives
from the fields of child development, domestic violence,
family systems, juvenile justice, law enforcement, health
care, mental health, substance abuse, and social service to
advise the Department and its related contractors in the
development and implementation of the child endangerment risk
assessment protocol, related training, method for
demonstration of proficiency in application of the protocol,
and evaluation of the reliability and validity of the
protocol. The Department shall develop the protocol, training
curriculum, method for demonstration of proficiency in

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application of the protocol and method for evaluation of the
reliability and validity of the protocol by July 1, 1995.
Training and demonstration of proficiency in application of
the child endangerment risk assessment protocol for all child
protective investigators and supervisors and child welfare
specialists and supervisors shall be completed as soon as
practicable, but no later than January 1, 1996. The Department
shall submit to the General Assembly on or before May 1, 1996,
and every year thereafter, an annual report on the evaluation
of the reliability and validity of the child endangerment risk
assessment protocol. The Department shall contract with a not
for profit organization with demonstrated expertise in the
field of child endangerment risk assessment to assist in the
development and implementation of the child endangerment risk
assessment protocol, related training, method for
demonstration of proficiency in application of the protocol,
and evaluation of the reliability and validity of the
protocol.
(f) The Department shall provide each parent or guardian
and responsible adult caregiver participating in a safety plan
a copy of the written safety plan as signed by each parent or
guardian and responsible adult caregiver and by a
representative of the Department. The Department shall also
provide each parent or guardian and responsible adult
caregiver safety plan information on their rights and
responsibilities that shall include, but need not be limited

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to, information on how to obtain medical care, emergency phone
numbers, and information on how to notify schools or child day
care providers as appropriate. The Department's representative
shall ensure that the safety plan is reviewed and approved by
the child protection supervisor.
(Source: P.A. 98-830, eff. 1-1-15.)
(20 ILCS 505/22.1) (from Ch. 23, par. 5022.1)
Sec. 22.1. Grants-in-aid for child care services;
Department of Human Services.
(a) Blank.
(b) Blank.
(c) The Department of Human Services shall establish and
operate child day care facilities for the children of migrant
workers in areas of the State where they are needed. The
Department may provide these child day care services by
contracting with private centers if practicable. "Migrant
worker" means any person who moves seasonally from one place
to another, within or without the State, for the purpose of
employment in agricultural activities.
(Source: P.A. 97-516, eff. 8-23-11.)
(20 ILCS 505/22.4) (from Ch. 23, par. 5022.4)
Sec. 22.4. Low-interest loans for child care facilities;
Department of Human Services. The Department of Human Services
may establish, with financing to be provided through the

SB1797 - 86 - LRB103 03433 AMQ 48439 b
issuance of bonds by the Illinois Finance Authority pursuant
to the Illinois Finance Authority Act, a low-interest loan
program to help child care centers and family child day care
homes accomplish the following:
(a) establish a child care program;
(b) meet federal, State and local child care standards
as well as any applicable health and safety standards; or
(c) build facilities or renovate or expand existing
facilities.
Such loans shall be available only to child care centers
and family child day care homes serving children of low income
families.
(Source: P.A. 93-205, eff. 1-1-04.)
Section 20. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois
is amended by changing Section 605-1050 as follows:
(20 ILCS 605/605-1050)
Sec. 605-1050. Coronavirus Back to Business Grant Program
(or Back to Business Program).
(a) Purpose. The Department may receive State funds and,
directly or indirectly, federal funds under the authority of
legislation passed in response to the Coronavirus epidemic
including, but not limited to, the Coronavirus Aid, Relief,
and Economic Security Act, P.L. 116-136 (the "CARES Act") and

SB1797 - 87 - LRB103 03433 AMQ 48439 b
the American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA
Act"); such funds shall be used in accordance with the CARES
Act and ARPA Act legislation and published guidance. Section
5001 of the CARES Act establishes the Coronavirus Relief Fund,
which authorizes the State to expend funds that are necessary
to respond to the COVID-19 public health emergency. The
financial support of Qualifying Businesses is a necessary
expense under federal guidance for implementing Section 5001
of the CARES Act. Upon receipt or availability of such State or
federal funds, and subject to appropriations for their use,
the Department shall administer a program to provide financial
assistance to Qualifying Businesses that have experienced
interruption of business or other adverse conditions
attributable to the COVID-19 public health emergency. Support
may be provided directly by the Department to businesses and
organizations or in cooperation with a Qualified Partner.
Financial assistance may include, but not be limited to
grants, expense reimbursements, or subsidies.
(b) From appropriations for the Back to Business Program,
up to $60,000,000 may be allotted to the repayment or
conversion of Eligible Loans made pursuant to the Department's
Emergency Loan Fund Program. An Eligible Loan may be repaid or
converted through a grant payment, subsidy, or reimbursement
payment to the recipient or, on behalf of the recipient, to the
Qualified Partner, or by any other lawful method.
(c) From appropriations for the Back to Business Program,

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the Department shall provide financial assistance through
grants, expense reimbursements, or subsidies to Qualifying
Businesses or a Qualified Partner to cover expenses or losses
incurred due to the COVID-19 public health emergency or for
start-up costs of a new Qualifying Business. All spending
related to this program from federal funds must be
reimbursable by the Federal Coronavirus Relief Fund in
accordance with Section 5001 of the federal CARES Act, the
ARPA Act, and any related federal guidance, or the provisions
of any other federal source supporting the program.
(d) As more fully described in subsection (c), funds will
be appropriated to the Back to Business Program for
distribution to or on behalf of Qualifying Businesses. Of the
funds appropriated, a minimum of 40% shall be allotted for
Qualifying Businesses with ZIP codes located in the most
disproportionately impacted areas of Illinois, based on
positive COVID-19 cases.
(e) The Department shall coordinate with the Department of
Human Services with respect to making grants, expense
reimbursements or subsidies to any child care or day care
provider providing services under Section 9A-11 of the
Illinois Public Aid Code to determine what resources the
Department of Human Services may be providing to a child care
or day care provider under Section 9A-11 of the Illinois
Public Aid Code.
(f) The Department may establish by rule administrative

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procedures for the grant program, including any application
procedures, grant agreements, certifications, payment
methodologies, and other accountability measures that may be
imposed upon participants in the program. The emergency
rulemaking process may be used to promulgate the initial rules
of the grant program and any amendments to the rules following
the effective date of this amendatory Act of the 102nd General
Assembly.
(g) Definitions. As used in this Section:
(1) "COVID-19" means the novel coronavirus disease
deemed COVID-19 by the World Health Organization on
February 11, 2020.
(2) "Qualifying Business" means a business or
organization that has experienced or is experiencing
business interruption or other adverse conditions due to
the COVID-19 public health emergency, and includes a new
business or organization started after March 1, 2020 in
the midst of adverse conditions due to the COVID-19 public
health emergency.
(3) "Eligible Loan" means a loan of up to $50,000 that
was deemed eligible for funding under the Department's
Emergency Loan Fund Program and for which repayment will
be eligible for reimbursement from Coronavirus Relief Fund
monies pursuant to Section 5001 of the federal CARES Act
or the ARPA Act and any related federal guidance.
(4) "Emergency Loan Fund Program", also referred to as

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the "COVID-19 Emergency Relief Program", is a program
executed by the Department by which the State Small
Business Credit Initiative fund is utilized to guarantee
loans released by a financial intermediary or Qualified
Partner.
(5) "Qualified Partner" means a financial institution
or nonprofit with which the Department has entered into an
agreement or contract to provide or incentivize assistance
to Qualifying Businesses.
(h) Powers of the Department. The Department has the power
to:
(1) provide grants, subsidies and expense
reimbursements to Qualifying Businesses or, on behalf of
Qualifying Businesses, to Qualifying Partners from
appropriations to cover Qualifying Businesses eligible
costs or losses incurred due to the COVID-19 public health
emergency, including losses caused by business
interruption or closure and including start-up costs for
new Qualifying Businesses;
(2) enter into agreements, accept funds, issue grants,
and engage in cooperation with agencies of the federal
government, units of local government, financial
institutions, and nonprofit organizations to carry out the
purposes of this Program, and to use funds appropriated
for the Back to Business Program;
(3) prepare forms for application, notification,

SB1797 - 91 - LRB103 03433 AMQ 48439 b
contract, and other matters, and establish procedures,
rules, or regulations deemed necessary and appropriate to
carry out the provisions of this Section;
(4) provide staff, administration, and related support
required to manage the Back to Business Program and pay
for the staffing, administration, and related support;
(5) using data provided by the Illinois Department of
Public Health and other reputable sources, determine which
geographic regions in Illinois have been most
disproportionately impacted by the COVID-19 public health
emergency, considering factors of positive cases, positive
case rates, and economic impact; and
(6) determine which industries and businesses in
Illinois have been most disproportionately impacted by the
COVID-19 public health emergency and establish procedures
that prioritize greatly impacted industries and
businesses, as well as Qualifying Businesses that did not
receive paycheck protection program assistance.
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
Section 25. The Illinois Enterprise Zone Act is amended by
changing Section 8 as follows:
(20 ILCS 655/8) (from Ch. 67 1/2, par. 612)
Sec. 8. Zone Administration. The administration of an
Enterprise Zone shall be under the jurisdiction of the

SB1797 - 92 - LRB103 03433 AMQ 48439 b
designating municipality or county. Each designating
municipality or county shall, by ordinance, designate a Zone
Administrator for the certified zones within its jurisdiction.
A Zone Administrator must be an officer or employee of the
municipality or county. The Zone Administrator shall be the
liaison between the designating municipality or county, the
Department, and any designated zone organizations within zones
under his jurisdiction.
A designating municipality or county may designate one or
more organizations qualified under paragraph (d) of Section 3
to be designated zone organizations for purposes of this Act.
The municipality or county, may, by ordinance, delegate
functions within an Enterprise Zone to one or more designated
zone organizations in such zones.
Subject to the necessary governmental authorizations,
designated zone organizations may provide the following
services or perform the following functions in coordination
with the municipality or county:
(a) Provide or contract for provision of public services
including, but not limited to:
(1) establishment of crime watch patrols within zone
neighborhoods;
(2) establishment of volunteer child day care centers;
(3) organization of recreational activities for zone
area youth;
(4) garbage collection;

SB1797 - 93 - LRB103 03433 AMQ 48439 b
(5) street maintenance and improvements;
(6) bridge maintenance and improvements;
(7) maintenance and improvement of water and sewer
lines;
(8) energy conservation projects;
(9) health and clinic services;
(10) drug abuse programs;
(11) senior citizen assistance programs;
(12) park maintenance;
(13) rehabilitation, renovation, and operation and
maintenance of low and moderate income housing; and
(14) other types of public services as provided by law
or regulation.
(b) Exercise authority for the enforcement of any code,
permit, or licensing procedure within an Enterprise Zone.
(c) Provide a forum for business, labor and government
action on zone innovations.
(d) Apply for regulatory relief as provided in Section 8
of this Act.
(e) Receive title to publicly owned land.
(f) Perform such other functions as the responsible
government entity may deem appropriate, including offerings
and contracts for insurance with businesses within the Zone.
(g) Agree with local governments to provide such public
services within the zones by contracting with private firms
and organizations, where feasible and prudent.

SB1797 - 94 - LRB103 03433 AMQ 48439 b
(h) Solicit and receive contributions to improve the
quality of life in the Enterprise Zone.
(Source: P.A. 91-357, eff. 7-29-99.)
Section 30. The Department of Human Services Act is
amended by changing Sections 1-75 and 10-22 as follows:
(20 ILCS 1305/1-75)
Sec. 1-75. Off-Hours Child Care Program.
(a) Legislative intent. The General Assembly finds that:
(1) Finding child care can be a challenge for
firefighters, paramedics, police officers, nurses, and
other third shift workers across the State who often work
non-typical work hours. This can impact home life, school,
bedtime routines, job safety, and the mental health of
some of our most critical front line workers and their
families.
(2) There is a need for increased options for
off-hours child care in the State. A majority of the
State's child care facilities do not provide care outside
of normal work hours, with just 3,251 child day care homes
and 435 group child day care homes that provide night
care.
(3) Illinois has a vested interest in ensuring that
our first responders and working families can provide
their children with appropriate care during off hours to

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improve the morale of existing first responders and to
improve recruitment into the future.
(b) As used in this Section, "first responders" means
emergency medical services personnel as defined in the
Emergency Medical Services (EMS) Systems Act, firefighters,
law enforcement officers, and, as determined by the
Department, any other workers who, on account of their work
schedule, need child care outside of the hours when licensed
child care facilities typically operate.
(c) Subject to appropriation, the Department of Human
Services shall establish and administer an Off-Hours Child
Care Program to help first responders and other workers
identify and access off-hours, night, or sleep time child
care. Services funded under the program must address the child
care needs of first responders. Funding provided under the
program may also be used to cover any capital and operating
expenses related to the provision of off-hours, night, or
sleep time child care for first responders. Funding awarded
under this Section shall be funded through appropriations from
the Off-Hours Child Care Program Fund created under subsection
(d). The Department shall implement the program by July 1,
2023. The Department may adopt any rules necessary to
implement the program.
(d) The Off-Hours Child Care Program Fund is created as a
special fund in the State treasury. The Fund shall consist of
any moneys appropriated to the Department of Human Services

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for the Off-Hours Child Care Program. Moneys in the Fund shall
be expended for the Off-Hours Child Care Program and for no
other purpose. All interest earned on moneys in the Fund shall
be deposited into the Fund.
(Source: P.A. 102-912, eff. 5-27-22.)
(20 ILCS 1305/10-22)
Sec. 10-22. Great START program.
(a) The Department of Human Services shall, subject to a
specific appropriation for this purpose, operate a Great START
(Strategy To Attract and Retain Teachers) program. The goal of
the program is to improve children's developmental and
educational outcomes in child care by encouraging increased
professional preparation by staff and staff retention. The
Great START program shall coordinate with the TEACH
professional development program.
The program shall provide wage supplements and may include
other incentives to licensed child care center personnel,
including early childhood teachers, school-age workers, early
childhood assistants, school-age assistants, and directors, as
such positions are defined by administrative rule of the
Department of Children and Family Services. The program shall
provide wage supplements and may include other incentives to
licensed family child day care home personnel and licensed
group child day care home personnel, including caregivers and
assistants as such positions are defined by administrative

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rule of the Department of Children and Family Services.
Individuals will receive supplements commensurate with their
qualifications.
(b) (Blank).
(c) The Department shall, by rule, define the scope and
operation of the program, including a wage supplement scale.
The scale shall pay increasing amounts for higher levels of
educational attainment beyond minimum qualifications and shall
recognize longevity of employment. Subject to the availability
of sufficient appropriation, the wage supplements shall be
paid to child care personnel in the form of bonuses at 6 month
intervals. Six months of continuous service with a single
employer is required to be eligible to receive a wage
supplement bonus. Wage supplements shall be paid directly to
individual child day care personnel, not to their employers.
Eligible individuals must provide to the Department or its
agent all information and documentation, including but not
limited to college transcripts, to demonstrate their
qualifications for a particular wage supplement level.
If appropriations permit, the Department may include
one-time signing bonuses or other incentives to help providers
attract staff, provided that the signing bonuses are less than
the supplement staff would have received if they had remained
employed with another child day care center or family child
day care home.
If appropriations permit, the Department may include

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one-time longevity bonuses or other incentives to recognize
staff who have remained with a single employer.
(d) (Blank).
(Source: P.A. 93-711, eff. 7-12-04.)
Section 35. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
57.5 as follows:
(20 ILCS 1705/57.5)
Sec. 57.5. Autism diagnosis education program.
(a) Subject to appropriations, the Department shall
contract to establish an autism diagnosis education program
for young children. The Department shall establish the program
at 3 different sites in the State. The program shall have the
following goals:
(1) Providing, to medical professionals and others
statewide, a systems development initiative that promotes
best practice standards for the diagnosis and treatment
planning for young children who have autism spectrum
disorders, for the purpose of helping existing systems of
care to build solid circles of expertise within their
ranks.
(2) Educating medical practitioners, school personnel,
child day care providers, parents, and community service
providers (including, but not limited to, early

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intervention and developmental disabilities providers)
throughout the State on appropriate diagnosis and
treatment of autism.
(3) Supporting systems of care for young children with
autism spectrum disorders.
(4) Working together with universities and
developmental disabilities providers to identify unmet
needs and resources.
(5) Encouraging and supporting research on optional
services for young children with autism spectrum
disorders.
In addition to the aforementioned items, on January 1,
2008, The Autism Program shall expand training and direct
services by deploying additional regional centers, outreach
centers, and community planning and network development
initiatives. The expanded Autism Program Service Network shall
consist of a comprehensive program of outreach and center
development utilizing model programs developed by The Autism
Program. This expansion shall span Illinois and support
consensus building, outreach, and service provision for
children with autism spectrums disorders and their families.
(b) Before January 1, 2006, the Department shall report to
the Governor and the General Assembly concerning the progress
of the autism diagnosis education program established under
this Section.
(Source: P.A. 95-707, eff. 1-11-08.)

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Section 40. The Illinois Finance Authority Act is amended
by changing Section 840-5 as follows:
(20 ILCS 3501/840-5)
Sec. 840-5. The Authority shall have the following powers:
(a) To fix and revise from time to time and charge and
collect rates, rents, fees and charges for the use of and for
the services furnished or to be furnished by a project or other
health facilities owned, financed or refinanced by the
Authority or any portion thereof and to contract with any
person, partnership, association or corporation or other body,
public or private, in respect thereto; to coordinate its
policies and procedures and cooperate with recognized health
facility rate setting mechanisms which may now or hereafter be
established.
(b) To establish rules and regulations for the use of a
project or other health facilities owned, financed or
refinanced by the Authority or any portion thereof and to
designate a participating health institution as its agent to
establish rules and regulations for the use of a project or
other health facilities owned by the Authority undertaken for
that participating health institution.
(c) To establish or contract with others to carry out on
its behalf a health facility project cost estimating service
and to make this service available on all projects to provide

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expert cost estimates and guidance to the participating health
institution and to the Authority. In order to implement this
service and, through it, to contribute to cost containment,
the Authority shall have the power to require such reasonable
reports and documents from health facility projects as may be
required for this service and for the development of cost
reports and guidelines. The Authority may appoint a Technical
Committee on Health Facility Project Costs and Cost
Containment.
(d) To make mortgage or other secured or unsecured loans
to or for the benefit of any participating health institution
for the cost of a project in accordance with an agreement
between the Authority and the participating health
institution; provided that no such loan shall exceed the total
cost of the project as determined by the participating health
institution and approved by the Authority; provided further
that such loans may be made to any entity affiliated with a
participating health institution if the proceeds of such loan
are made available to or applied for the benefit of such
participating health institution.
(e) To make mortgage or other secured or unsecured loans
to or for the benefit of a participating health institution in
accordance with an agreement between the Authority and the
participating health institution to refund outstanding
obligations, loans, indebtedness or advances issued, made,
given or incurred by such participating health institution for

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the cost of a project; including the function to issue bonds
and make loans to or for the benefit of a participating health
institution to refinance indebtedness incurred by such
participating health institution in projects undertaken and
completed or for other health facilities acquired prior to or
after the enactment of this Act when the Authority finds that
such refinancing is in the public interest, and either
alleviates a financial hardship of such participating health
institution, or is in connection with other financing by the
Authority for such participating health institution or may be
expected to result in a lessened cost of patient care and a
saving to third parties, including government, and to others
who must pay for care, or any combination thereof; provided
further that such loans may be made to any entity affiliated
with a participating health institution if the proceeds of
such loan are made available to or applied for the benefit of
such participating health institution.
(f) To mortgage all or any portion of a project or other
health facilities and the property on which any such project
or other health facilities are located whether owned or
thereafter acquired, and to assign or pledge mortgages, deeds
of trust, indentures of mortgage or trust or similar
instruments, notes, and other securities of participating
health institutions to which or for the benefit of which the
Authority has made loans or of entities affiliated with such
institutions and the revenues therefrom, including payments or

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income from any thereof owned or held by the Authority, for the
benefit of the holders of bonds issued to finance such project
or health facilities or issued to refund or refinance
outstanding obligations, loans, indebtedness or advances of
participating health institutions as permitted by this Act.
(g) To lease to a participating health institution the
project being financed or refinanced or other health
facilities conveyed to the Authority in connection with such
financing or refinancing, upon such terms and conditions as
the Authority shall deem proper, and to charge and collect
rents therefor and to terminate any such lease upon the
failure of the lessee to comply with any of the obligations
thereof; and to include in any such lease, if desired,
provisions that the lessee thereof shall have options to renew
the lease for such period or periods and at such rent as shall
be determined by the Authority or to purchase any or all of the
health facilities or that upon payment of all of the
indebtedness incurred by the Authority for the financing of
such project or health facilities or for refunding outstanding
obligations, loans, indebtedness or advances of a
participating health institution, then the Authority may
convey any or all of the project or such other health
facilities to the lessee or lessees thereof with or without
consideration.
(h) To make studies of needed health facilities that could
not sustain a loan were it made under this Act and to recommend

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remedial action to the General Assembly; to do the same with
regard to any laws or regulations that prevent health
facilities from benefiting from this Act.
(i) To assist the Department of Commerce and Economic
Opportunity to establish and implement a program to assist
health facilities to identify and arrange financing for energy
conservation projects in buildings and facilities owned or
leased by health facilities.
(j) To assist the Department of Human Services in
establishing a low interest loan program to help child care
centers and family child day care homes serving children of
low income families under Section 22.4 of the Children and
Family Services Act. The Authority, on or after the effective
date of this amendatory Act of the 97th General Assembly, is
authorized to convert existing agreements for financial aid in
accordance with Section 840-5(j) to permanent capital to
leverage additional private capital and establish a revolving
loan fund for nonprofit corporations providing human services
under contract to the State.
(k) To assist the Department of Public Health and nursing
homes in undertaking nursing home conversion projects in
accordance with the Older Adult Services Act.
(Source: P.A. 97-654, eff. 1-13-12.)
Section 45. The Asbestos Abatement Finance Act is amended
by changing Section 2 as follows:

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(20 ILCS 3510/2) (from Ch. 111 1/2, par. 8102)
Sec. 2. Definitions. The following words and terms,
whether or not capitalized, have the following meanings,
unless the context or use clearly requires otherwise:
"Asbestos" means asbestos as defined and used in the
federal Asbestos Hazard Emergency Response Act of 1986, as now
or hereafter amended, including the regulations promulgated
under that Act.
"Asbestos Abatement Project" means asbestos inspection,
planning and response action under and within the meaning of
the federal Asbestos Hazard Emergency Response Act of 1986, as
now or hereafter amended, to abate a health hazard caused
directly or indirectly by the existence of asbestos in any
building or other facility owned, operated, maintained or
occupied in whole or in part by a public corporation or a
private institution.
"Authority" means the Illinois Finance Authority.
"Board" means the Board of the Authority.
"Bond" means any bond, note or other evidence of
indebtedness issued by the Authority under this Act.
"Chairman" means the Chairman of the Authority.
"Cost" as applied to an asbestos abatement project means
the costs incurred or to be incurred by a public corporation or
a private institution in the removal, encapsulation,
enclosure, repair, or maintenance of asbestos in any building

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or other facility owned, operated, maintained or occupied in
whole or in part by a public corporation or a private
institution, including all incidental costs such as
engineering, architectural, consulting and legal expenses
incurred in connection with an asbestos abatement project,
plans, specifications, surveys, estimates of costs and
revenues, finance charges, interest before and during
construction of an asbestos abatement project and, for up to
18 months after completion of construction, other expenses
necessary or incident to determining the need, feasibility or
practicability of an asbestos abatement project,
administrative expenses, and such other costs, charges and
expenses as may be necessary or incident to the construction
or financing of any asbestos abatement project. As used in
this Act, "cost" means not only costs of an asbestos abatement
project expected to be incurred in the future, but costs
already incurred and paid by a public corporation or a private
institution so that a public corporation or a private
institution shall be permitted to reimburse itself for those
costs previously incurred and paid.
"Person" means any individual, firm, partnership,
association, or corporation, separately or in any combination.
"Private institution" means any not-for-profit
organization within the meaning of Section 501(c)(3) of the
Internal Revenue Code of 1986, as now or hereafter amended,
including any private or nonpublic pre-school, child day care

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center, day or residential educational institution that
provides elementary or secondary education for grades 12 or
under, any private or nonpublic college or university, or any
hospital, health care or long term care institution.
"Private institution security" means any bond, note, loan
agreement, or other evidence of indebtedness which a private
institution is legally authorized to issue or enter into for
the purpose of financing or refinancing the costs of an
asbestos abatement project.
"Public corporation" means any body corporate organized by
or under the laws of this State to carry out a public
governmental or proprietary function, including the State, any
State agency, any school district, park district, city,
village, incorporated town, county, township, drainage or any
other type of district, board, commission, authority,
university, public community college or any combination
(including any combination under Section 10 of Article VII of
the Illinois Constitution or under the Intergovernmental
Cooperation Act of 1973, as now or hereafter amended), acting
through their corporate authorities, and any other unit of
local government within the meaning of Section 1 of Article
VII of the Illinois Constitution.
"Public corporation security" means any bond, note, loan
agreement, or other evidence of indebtedness which a public
corporation is legally authorized to issue or enter into for
the purpose of financing or refinancing the costs of an

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asbestos abatement project.
"Secretary" means the Secretary of the Authority.
"State" means the State of Illinois.
"Treasurer" means the Treasurer of the Authority.
(Source: P.A. 93-205, eff. 1-1-04.)
Section 50. The State Agency Employees Child Care Services
Act is amended by changing Sections 2, 3, 4, and 5 as follows:
(30 ILCS 590/2) (from Ch. 127, par. 3002)
Sec. 2. In this Act, unless the context otherwise
requires, the following terms shall have the meanings ascribed
to them:
1. "Department" means the Department of Central Management
Services.
2. "State agency" means all departments, officers,
commissions, boards, institutions and bodies politic and
corporate of the State, including the offices of Clerk of the
Supreme Court and Clerks of the Appellate Courts, the several
courts of the State and the legislature, its committees or
commissions.
3. "Child care services" means child day care home or
center services as defined by the Child Care Act of 1969.
(Source: P.A. 84-652.)
(30 ILCS 590/3) (from Ch. 127, par. 3003)

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Sec. 3. The Department may authorize a State agency to
contract for the provision of child care services for its
employees. The Department may, in accordance with established
rules, allow child day care centers to operate in State-owned
or leased facilities. Such facilities shall be primarily for
use by State employees but use by non-employees may be
allowed.
Where a State agency enters into a contract to construct,
acquire or lease all or a substantial portion of a building, in
which more than 50 persons shall be employed, other than a
renewal of an existing lease, after July 1, 1990, and where a
need has been demonstrated, according to Section 4 of this
Act, on-site child care services shall be provided for State
employees.
The Department shall implement this Act and shall
promulgate all rules and regulations necessary for this
purpose. By April 1, 1991, the Department shall propose rules
setting forth the standards and criteria, including need and
feasibility, for determining if on-site child care services
shall be provided. The Department shall consult with the
Department of Children and Family Services in defining
standards for child care service centers established pursuant
to this Act to ensure compliance with the Child Care Act of
1969. The Department shall establish a schedule of fees that
shall be charged to employees of State agencies who may obtain
child care services under this Act. Such schedule shall be

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established so that charges for service are based on the
actual cost of care. Except as otherwise provided by law for
employees who may qualify for public assistance or social
services due to indigency or family circumstance, each
employee obtaining child care services under this Act shall be
responsible for full payment of such charges. The Department
shall report, on or before December 31 of each year, to the
Governor and the members of the General Assembly, on the
feasibility and implementation of a plan for the provision of
comprehensive child care services.
(Source: P.A. 86-1482.)
(30 ILCS 590/4) (from Ch. 127, par. 3004)
Sec. 4. Prior to receiving authorization from the
Department to contract for child care services, a State agency
shall demonstrate a need for such services. Proof of need
submitted to the Department may include a survey of agency
employees as well as a determination of the availability of
child care services under such agency, through other State
agencies, or in the community. The Department may also require
submission of a feasibility, design and implementation plan,
which takes into consideration similar needs and services of
other State agencies.
The Department shall assist any State agency authorized to
procure child care services in the preparation of a request
for proposals, in order to assure that the services provided

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address the specific needs of the agency personnel.
Any State agency authorized by the Department to contract
for child care services shall have the sole responsibility for
choosing the successful bidder and overseeing the operation of
its child care service program within the guidelines
established by the Department. The Department shall promulgate
rules pursuant to the Illinois Administrative Procedure Act
which detail the specific standards to be used by the Director
of any State agency in the selection of a vendor of child care
services.
The State agency's contract shall provide for the
establishment of or arrangement for the use of a licensed
child day care center or a licensed child day care agency, as
defined in the Child Care Act of 1969.
State agencies with similar needs, or those with small
employee populations may group together to establish need and
contract for the provision of child care services.
(Source: P.A. 85-1337; 86-1482.)
(30 ILCS 590/5) (from Ch. 127, par. 3005)
Sec. 5. The General Assembly, through the Joint Committee
on Legislative Support Services, may contract for the
establishment of child care services, which may also serve as
a prototype or model of such services for other state
agencies. Such a center shall use a schedule of fees and
charges established by the Department under Section 3 of this

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Act. Such a center may also be used for the conduct of research
on child development, child day care standards, the effect of
employer-assisted child care on employee morale and
productivity or other subjects as determined by the Joint
Committee on Legislative Support Services, in consultation
with the Department of Children and Family Services.
(Source: P.A. 84-652.)
Section 55. The Use Tax Act is amended by changing Section
2c as follows:
(35 ILCS 105/2c) (from Ch. 120, par. 439.2c)
Sec. 2c. For purposes of this Act, a corporation, limited
liability company, society, association, foundation or
institution organized and operated exclusively for educational
purposes shall include: all tax-supported public schools;
private schools which offer systematic instruction in useful
branches of learning by methods common to public schools and
which compare favorably in their scope and intensity with the
course of study presented in tax-supported schools; licensed
child day care centers as defined in Section 2.09 of the Child
Care Act of 1969 which are operated by a not for profit
corporation, society, association, foundation, institution or
organization; vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to prepare

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individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business or commercial
occupation.
However, a corporation, limited liability company,
society, association, foundation or institution organized and
operated for the purpose of offering professional, trade or
business seminars of short duration, self-improvement or
personality development courses, courses which are avocational
or recreational in nature, courses pursued entirely by open
circuit television or radio, correspondence courses, or
courses which do not provide specialized training within a
specific vocational or technical field shall not be considered
to be organized and operated exclusively for educational
purposes.
(Source: P.A. 88-480.)
Section 60. The Service Occupation Tax Act is amended by
changing Section 2c as follows:
(35 ILCS 115/2c) (from Ch. 120, par. 439.102c)
Sec. 2c. For purposes of this Act, a corporation, limited
liability company, society, association, foundation or
institution organized and operated exclusively for educational
purposes shall include: all tax-supported public schools;
private schools which offer systematic instruction in useful
branches of learning by methods common to public schools and

SB1797 - 114 - LRB103 03433 AMQ 48439 b
which compare favorably in their scope and intensity with the
course of study presented in tax-supported schools; licensed
child day care centers as defined in Section 2.09 of the Child
Care Act of 1969 which are operated by a not-for-profit
corporation, society, association, foundation, institution or
organization; vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to prepare
individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business or commercial
occupation.
However, a corporation, limited liability company,
society, association, foundation or institution organized and
operated for the purpose of offering professional, trade or
business seminars of short duration, self-improvement or
personality development courses, courses which are avocational
or recreational in nature, courses pursued entirely by open
circuit television or radio, correspondence courses, or
courses which do not provide specialized training within a
specific vocational or technical field shall not be considered
to be organized and operated exclusively for educational
purposes.
(Source: P.A. 88-480.)
Section 65. The Retailers' Occupation Tax Act is amended
by changing Section 2h as follows:

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(35 ILCS 120/2h) (from Ch. 120, par. 441h)
Sec. 2h. For purposes of this Act, a corporation, limited
liability company, society, association, foundation or
institution organized and operated exclusively for educational
purposes shall include: all tax-supported public schools;
private schools which offer systematic instruction in useful
branches of learning by methods common to public schools and
which compare favorably in their scope and intensity with the
course of study presented in tax-supported schools; licensed
child day care centers as defined in Section 2.09 of the Child
Care Act of 1969 which are operated by a not for profit
corporation, society, association, foundation, institution or
organization; vocational or technical schools or institutes
organized and operated exclusively to provide a course of
study of not less than 6 weeks duration and designed to prepare
individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business or commercial
occupation.
However, a corporation, limited liability company,
society, association, foundation or institution organized and
operated for the purpose of offering professional, trade or
business seminars of short duration, self-improvement or
personality development courses, courses which are avocational
or recreational in nature, courses pursued entirely by open
circuit television or radio, correspondence courses, or

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courses which do not provide specialized training within a
specific vocational or technical field shall not be considered
to be organized and operated exclusively for educational
purposes.
(Source: P.A. 88-480.)
Section 70. The Community Self-Revitalization Act is
amended by changing Section 15 as follows:
(50 ILCS 350/15)
Sec. 15. Certification; Board of Economic Advisors.
(a) In order to receive the assistance as provided in this
Act, a community shall first, by ordinance passed by its
corporate authorities, request that the Department certify
that it is an economically distressed community. The community
must submit a certified copy of the ordinance to the
Department. After review of the ordinance, if the Department
determines that the community meets the requirements for
certification, the Department may certify the community as an
economically distressed community.
(b) A community that is certified by the Department as an
economically distressed community may appoint a Board of
Economic Advisors to create and implement a revitalization
plan for the community. The Board shall consist of 18 members
of the community, appointed by the mayor or the presiding
officer of the county or jointly by the presiding officers of

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each municipality and county that have joined to form a
community for the purposes of this Act. Up to 18 Board members
may be appointed from the following vital sectors:
(1) A member representing households and families.
(2) A member representing religious organizations.
(3) A member representing educational institutions.
(4) A member representing child care daycare centers,
care centers for persons with disabilities, and care
centers for the disadvantaged.
(5) A member representing community based
organizations such as neighborhood improvement
associations.
(6) A member representing federal and State employment
service systems, skill training centers, and placement
referrals.
(7) A member representing Masonic organizations,
fraternities, sororities, and social clubs.
(8) A member representing hospitals, nursing homes,
senior citizens, public health agencies, and funeral
homes.
(9) A member representing organized sports, parks,
parties, and games of chance.
(10) A member representing political parties, clubs,
and affiliations, and election related matters concerning
voter education and participation.
(11) A member representing the cultural aspects of the

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community, including cultural events, lifestyles,
languages, music, visual and performing arts, and
literature.
(12) A member representing police and fire protection
agencies, prisons, weapons systems, and the military
industrial complex.
(13) A member representing local businesses.
(14) A member representing the retail industry.
(15) A member representing the service industry.
(16) A member representing the industrial, production,
and manufacturing sectors.
(17) A member representing the advertising and
marketing industry.
(18) A member representing the technology services
industry.
The Board shall meet initially within 30 days of its
appointment, shall select one member as chairperson at its
initial meeting, and shall thereafter meet at the call of the
chairperson. Members of the Board shall serve without
compensation.
(c) One third of the initial appointees shall serve for 2
years, one third shall serve for 3 years, and one third shall
serve for 4 years, as determined by lot. Subsequent appointees
shall serve terms of 5 years.
(d) The Board shall create a 3-year to 5-year
revitalization plan for the community. The plan shall contain

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distinct, measurable objectives for revitalization. The
objectives shall be used to guide ongoing implementation of
the plan and to measure progress during the 3-year to 5-year
period. The Board shall work in a dynamic manner defining
goals for the community based on the strengths and weaknesses
of the individual sectors of the community as presented by
each member of the Board. The Board shall meet periodically
and revise the plan in light of the input from each member of
the Board concerning his or her respective sector of
expertise. The process shall be a community driven
revitalization process, with community-specific data
determining the direction and scope of the revitalization.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 75. The Counties Code is amended by changing
Sections 4-11001 and 5-1097.5 as follows:
(55 ILCS 5/4-11001) (from Ch. 34, par. 4-11001)
(Text of Section WITH the changes made by P.A. 98-1132,
which has been held unconstitutional)
Sec. 4-11001. Juror fees. Each county shall pay to grand
and petit jurors for their services in attending courts the
sums of $25 for the first day and thereafter $50 for each day
of necessary attendance, or such higher amount as may be fixed
by the county board.
If a judge so orders, a juror shall also receive

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reimbursement for the actual cost of child day care incurred
by the juror during his or her service on a jury.
The juror fees for service and child day care shall be paid
out of the county treasury.
The clerk of the court shall furnish to each juror without
fee whenever he is discharged a certificate of the number of
days' attendance at court, and upon presentation thereof to
the county treasurer, he shall pay to the juror the sum
provided for his service.
Any juror may elect to waive the fee paid for service,
transportation, or child day care, or any combination thereof.
(Source: P.A. 97-840, eff. 1-1-13; 98-1132, eff. 6-1-15.)
(Text of Section WITHOUT the changes made by P.A. 98-1132,
which has been held unconstitutional)
Sec. 4-11001. Juror fees. Each county shall pay to grand
and petit jurors for their services in attending courts the
sum of $4 for each day of necessary attendance at such courts
as jurors in counties of the first class, the sum of $5 for
each day in counties of the second class, and the sum of $10
for each day in counties of the third class, or such higher
amount as may be fixed by the county board.
In addition, jurors shall receive such travel expense as
may be determined by the county board, provided that jurors in
counties of the first class and second class shall receive at
least 10 cents per mile for their travel expense. Mileage

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shall be allowed for travel during a juror's term as well as
for travel at the opening and closing of his term.
If a judge so orders, a juror shall also receive
reimbursement for the actual cost of child day care incurred
by the juror during his or her service on a jury.
The juror fees for service, transportation, and child day
care shall be paid out of the county treasury.
The clerk of the court shall furnish to each juror without
fee whenever he is discharged a certificate of the number of
days' attendance at court, and upon presentation thereof to
the county treasurer, he shall pay to the juror the sum
provided for his service.
Any juror may elect to waive the fee paid for service,
transportation, or child day care, or any combination thereof.
(Source: P.A. 97-840, eff. 1-1-13.)
(55 ILCS 5/5-1097.5)
Sec. 5-1097.5. Adult entertainment facility. It is
prohibited within an unincorporated area of a county to locate
an adult entertainment facility within 3,000 feet of the
property boundaries of any school, child day care center,
cemetery, public park, forest preserve, public housing, place
of religious worship, or residence, except that in a county
with a population of more than 800,000 and less than 2,000,000
inhabitants, it is prohibited to locate, construct, or operate
a new adult entertainment facility within one mile of the

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property boundaries of any school, child day care center,
cemetery, public park, forest preserve, public housing, or
place of religious worship located anywhere within that
county. Notwithstanding any other requirements of this
Section, it is also prohibited to locate, construct, or
operate a new adult entertainment facility within one mile of
the property boundaries of any school, child day care center,
cemetery, public park, forest preserve, public housing, or
place of religious worship located in that area of Cook County
outside of the City of Chicago.
For the purposes of this Section, "adult entertainment
facility" means (i) a striptease club or pornographic movie
theatre whose business is the commercial sale, dissemination,
or distribution of sexually explicit material, shows, or other
exhibitions or (ii) an adult bookstore or adult video store
whose primary business is the commercial sale, dissemination,
or distribution of sexually explicit material, shows, or other
exhibitions. "Unincorporated area of a county" means any area
not within the boundaries of a municipality.
The State's Attorney of the county where the adult
entertainment facility is located or the Attorney General may
institute a civil action for an injunction to restrain
violations of this Section. In that proceeding, the court
shall determine whether a violation has been committed and
shall enter such orders as it considers necessary to remove
the effect of any violation and to prevent the violation from

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continuing or from being renewed in the future.
(Source: P.A. 94-496, eff. 1-1-06; 95-214, eff. 8-16-07.)
Section 80. The Township Code is amended by changing
Section 85-13 as follows:
(60 ILCS 1/85-13)
Sec. 85-13. Township services, generally.
(a) The township board may either expend funds directly or
may enter into any cooperative agreement or contract with any
other governmental entity, not-for-profit corporation,
non-profit community service association, or any for-profit
business entity as provided in subsection (b) with respect to
the expenditure of township funds, or funds made available to
the township under the federal State and Local Fiscal
Assistance Act of 1972, to provide any of the following
services to the residents of the township:
(1) Ordinary and necessary maintenance and operating
expenses for the following:
(A) Public safety (including law enforcement, fire
protection, and building code enforcement).
(B) Environmental protection (including sewage
disposal, sanitation, and pollution abatement).
(C) Public transportation (including transit
systems, paratransit systems, and streets and roads).
(D) Health.

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(E) Recreation.
(F) Libraries.
(G) Social services for the poor and aged.
(2) Ordinary and necessary capital expenditures
authorized by law.
(3) Development and retention of business, industrial,
manufacturing, and tourist facilities within the township.
(b) To be eligible to receive funds from the township
under this Section, a private not-for-profit corporation or
community service association shall have been in existence at
least one year before receiving the funds. The township board
may, however, for the purpose of providing child day care
services, contract with child day care facilities licensed
under the Child Care Act of 1969, regardless of whether the
facilities are organized on a for-profit or not-for-profit
basis.
(c) Township governments that directly expend or contract
for child day care shall use the standard of need established
by the Department of Children and Family Services in
determining recipients of subsidized child day care and shall
use the rate schedule used by the Department of Children and
Family Services for the purchase of subsidized child day care.
(d) Township governments that directly expend or contract
for senior citizen services may contract with for-profit (or
not-for-profit) and non-sectarian organizations as provided in
Sections 220-15 and 220-35.

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(e) Those township supervisors or other elected township
officials who are also members of a county board shall not vote
on questions before the township board or the county board
that relate to agreements or contracts between the township
and the county under this Section or agreements or contracts
between the township and the county that are otherwise
authorized by law.
(f) The township board may enter into direct agreements
with for-profit corporations or other business entities to
carry out recycling programs in unincorporated areas of the
township.
The township board may by ordinance administer a recycling
program or adopt rules and regulations relating to recycling
programs in unincorporated areas of the township that it from
time to time deems necessary and may provide penalties for
violations of those rules and regulations.
(g) For purposes of alleviating high unemployment,
economically depressed conditions, and lack of moderately
priced housing, the trustees of a township that includes all
or a portion of a city that is a "financially distressed city"
under the Financially Distressed City Law may contract with
one or more not-for-profit or for-profit organizations to
construct and operate within the boundaries of the township a
factory designed to manufacture housing or housing components.
The contract may provide for the private organization or
organizations to manage some or all operations of the factory

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and may provide for (i) payment of employee compensation and
taxes; (ii) discharge of other legal responsibilities; (iii)
sale of products; (iv) disposition of the factory, equipment,
and other property; and (v) any other matters the township
trustees consider reasonable.
(Source: P.A. 95-119, eff. 8-13-07.)
Section 85. The Illinois Municipal Code is amended by
changing Sections 8-3-18, 11-5-1.5, 11-21.5-5, 11-74.4-3, and
11-80-15 as follows:
(65 ILCS 5/8-3-18)
Sec. 8-3-18. A municipality, upon a majority vote of its
governing authority, may abate taxes levied for corporate
purposes under Section 8-3-1 in an amount not to exceed 50% of
the donation by a taxpayer who donates not less than $10,000 to
a qualified program. The abatement shall not exceed the tax
extension on the taxpayer's real property for the levy year in
which the donation is made.
For purposes of this Section, "qualified program" means a
facility or a program in an area designated as a target area by
the governing authority of the municipality for the creation
or expansion of job training and counseling programs, youth
child day care centers, congregate housing programs for senior
adults, youth recreation programs, alcohol and drug abuse
prevention, mental health counseling programs, domestic

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violence shelters, and other programs, facilities or services
approved by the governing authority as qualified programs in a
target area.
(Source: P.A. 88-389.)
(65 ILCS 5/11-5-1.5)
Sec. 11-5-1.5. Adult entertainment facility. It is
prohibited within a municipality to locate an adult
entertainment facility within 1,000 feet of the property
boundaries of any school, child day care center, cemetery,
public park, forest preserve, public housing, and place of
religious worship, except that in a county with a population
of more than 800,000 and less than 2,000,000 inhabitants, it
is prohibited to locate, construct, or operate a new adult
entertainment facility within one mile of the property
boundaries of any school, child day care center, cemetery,
public park, forest preserve, public housing, or place of
religious worship located anywhere within that county.
Notwithstanding any other requirements of this Section, it is
also prohibited to locate, construct, or operate a new adult
entertainment facility within one mile of the property
boundaries of any school, child day care center, cemetery,
public park, forest preserve, public housing, or place of
religious worship located in that area of Cook County outside
of the City of Chicago.
For the purposes of this Section, "adult entertainment

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facility" means (i) a striptease club or pornographic movie
theatre whose business is the commercial sale, dissemination,
or distribution of sexually explicit material, shows, or other
exhibitions or (ii) an adult bookstore or adult video store in
which 25% or more of its stock-in-trade, books, magazines, and
films for sale, exhibition, or viewing on-premises are
sexually explicit material.
(Source: P.A. 95-47, eff. 1-1-08; 95-214, eff. 8-16-07;
95-876, eff. 8-21-08.)
(65 ILCS 5/11-21.5-5)
Sec. 11-21.5-5. Local emergency energy plans.
(a) Any municipality, including a home rule municipality,
may, by ordinance, require any electric utility (i) that
serves more than 1,000,000 customers in Illinois and (ii) that
is operating within the corporate limits of the municipality
to adopt and to provide the municipality with a local
emergency energy plan. For the purposes of this Section, (i)
"local emergency energy plan" or "plan" means a planned course
of action developed by the electric utility that is
implemented when the demand for electricity exceeds, or is at
significant risk of exceeding, the supply of electricity
available to the electric utility and (ii) "local emergency
energy plan ordinance" means an ordinance adopted by the
corporate authorities of the municipality under this Section
that requires local emergency energy plans.

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(b) A local emergency energy plan must include the
following information:
(1) the circumstances that would require the
implementation of the plan;
(2) the levels or stages of the plan;
(3) the approximate geographic limits of each outage
area provided for in the plan;
(4) the approximate number of customers within each
outage area provided for in the plan;
(5) any police facilities, fire stations, hospitals,
nursing homes, schools, child day care centers, senior
citizens centers, community health centers, blood banks,
dialysis centers, community mental health centers,
correctional facilities, stormwater and wastewater
treatment or pumping facilities, water-pumping stations,
buildings in excess of 80 feet in height that have been
identified by the municipality, and persons on life
support systems that are known to the electric utility
that could be affected by controlled rotating
interruptions of electric service under the plan; and
(6) the anticipated sequence and duration of
intentional interruptions of electric service to each
outage area under the plan.
(c) A local emergency energy plan ordinance may require
that, when an electric utility determines it is necessary to
implement a controlled rotating interruption of electric

SB1797 - 130 - LRB103 03433 AMQ 48439 b
service because the demand for electricity exceeds, or is at
significant risk of exceeding, the supply of electricity
available to the electric utility, the electric utility notify
a designated municipal officer that the electric utility will
be implementing its local emergency energy plan. The
notification shall be made pursuant to a procedure approved by
the municipality after consultation with the electric utility.
(d) After providing the notice required in subsection (c),
an electric utility shall reasonably and separately advise
designated municipal officials before it implements each level
or stage of the plan, which shall include (i) a request for
emergency help from neighboring utilities, (ii) a declaration
of a control area emergency, and (iii) a public appeal for
voluntary curtailment of electricity use.
(e) The electric utility must give a separate notice to a
designated municipal official immediately after it determines
that there will be a controlled rotating interruption of
electric service under the local emergency energy plan. The
notification must include (i) the areas in which service will
be interrupted, (ii) the sequence and estimated duration of
the service outage for each area, (iii) the affected feeders,
and (iv) the number of affected customers in each area.
Whenever practical, the notification shall be made at least 2
hours before the time of the outages. If the electric utility
is aware that controlled rotating interruptions may be
required, the notification may not be made less than 30

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minutes before the outages.
(f) A local emergency energy plan ordinance may provide
civil penalties for violations of its provisions. The
penalties must be permitted under the Illinois Municipal Code.
(g) The notifications required by this Section are in
addition to the notification requirements of any applicable
franchise agreement or ordinance and to the notification
requirements of any applicable federal or State law, rule, and
regulation.
(h) Except for any penalties or remedies that may be
provided in a local emergency energy plan ordinance, in this
Act, or in rules adopted by the Illinois Commerce Commission,
nothing in this Section shall be construed to impose liability
for or prevent a utility from taking any actions that are
necessary at any time, in any order, and with or without notice
that are required to preserve the integrity of the electric
utility's electrical system and interconnected network.
(i) Nothing in this Section, a local emergency energy plan
ordinance, or a local emergency energy plan creates any duty
of a municipality to any person or entity. No municipality may
be subject to any claim or cause of action arising, directly or
indirectly, from its decision to adopt or to refrain from
adopting a local emergency energy plan ordinance. No
municipality may be subject to any claim or cause of action
arising, directly or indirectly, from any act or omission
under the terms of or information provided in a local

SB1797 - 132 - LRB103 03433 AMQ 48439 b
emergency energy plan filed under a local emergency energy
plan ordinance.
(Source: P.A. 92-651, eff. 7-11-02; 93-293, eff. 7-22-03.)
(65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)
Sec. 11-74.4-3. Definitions. The following terms, wherever
used or referred to in this Division 74.4 shall have the
following respective meanings, unless in any case a different
meaning clearly appears from the context.
(a) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted
prior to November 1, 1999 (the effective date of Public Act
91-478), "blighted area" shall have the meaning set forth in
this Section prior to that date.
On and after November 1, 1999, "blighted area" means any
improved or vacant area within the boundaries of a
redevelopment project area located within the territorial
limits of the municipality where:
(1) If improved, industrial, commercial, and
residential buildings or improvements are detrimental to
the public safety, health, or welfare because of a
combination of 5 or more of the following factors, each of
which is (i) present, with that presence documented, to a
meaningful extent so that a municipality may reasonably
find that the factor is clearly present within the intent
of the Act and (ii) reasonably distributed throughout the

SB1797 - 133 - LRB103 03433 AMQ 48439 b
improved part of the redevelopment project area:
(A) Dilapidation. An advanced state of disrepair
or neglect of necessary repairs to the primary
structural components of buildings or improvements in
such a combination that a documented building
condition analysis determines that major repair is
required or the defects are so serious and so
extensive that the buildings must be removed.
(B) Obsolescence. The condition or process of
falling into disuse. Structures have become ill-suited
for the original use.
(C) Deterioration. With respect to buildings,
defects including, but not limited to, major defects
in the secondary building components such as doors,
windows, porches, gutters and downspouts, and fascia.
With respect to surface improvements, that the
condition of roadways, alleys, curbs, gutters,
sidewalks, off-street parking, and surface storage
areas evidence deterioration, including, but not
limited to, surface cracking, crumbling, potholes,
depressions, loose paving material, and weeds
protruding through paved surfaces.
(D) Presence of structures below minimum code
standards. All structures that do not meet the
standards of zoning, subdivision, building, fire, and
other governmental codes applicable to property, but

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not including housing and property maintenance codes.
(E) Illegal use of individual structures. The use
of structures in violation of applicable federal,
State, or local laws, exclusive of those applicable to
the presence of structures below minimum code
standards.
(F) Excessive vacancies. The presence of buildings
that are unoccupied or under-utilized and that
represent an adverse influence on the area because of
the frequency, extent, or duration of the vacancies.
(G) Lack of ventilation, light, or sanitary
facilities. The absence of adequate ventilation for
light or air circulation in spaces or rooms without
windows, or that require the removal of dust, odor,
gas, smoke, or other noxious airborne materials.
Inadequate natural light and ventilation means the
absence of skylights or windows for interior spaces or
rooms and improper window sizes and amounts by room
area to window area ratios. Inadequate sanitary
facilities refers to the absence or inadequacy of
garbage storage and enclosure, bathroom facilities,
hot water and kitchens, and structural inadequacies
preventing ingress and egress to and from all rooms
and units within a building.
(H) Inadequate utilities. Underground and overhead
utilities such as storm sewers and storm drainage,

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sanitary sewers, water lines, and gas, telephone, and
electrical services that are shown to be inadequate.
Inadequate utilities are those that are: (i) of
insufficient capacity to serve the uses in the
redevelopment project area, (ii) deteriorated,
antiquated, obsolete, or in disrepair, or (iii)
lacking within the redevelopment project area.
(I) Excessive land coverage and overcrowding of
structures and community facilities. The
over-intensive use of property and the crowding of
buildings and accessory facilities onto a site.
Examples of problem conditions warranting the
designation of an area as one exhibiting excessive
land coverage are: (i) the presence of buildings
either improperly situated on parcels or located on
parcels of inadequate size and shape in relation to
present-day standards of development for health and
safety and (ii) the presence of multiple buildings on
a single parcel. For there to be a finding of excessive
land coverage, these parcels must exhibit one or more
of the following conditions: insufficient provision
for light and air within or around buildings,
increased threat of spread of fire due to the close
proximity of buildings, lack of adequate or proper
access to a public right-of-way, lack of reasonably
required off-street parking, or inadequate provision

SB1797 - 136 - LRB103 03433 AMQ 48439 b
for loading and service.
(J) Deleterious land use or layout. The existence
of incompatible land-use relationships, buildings
occupied by inappropriate mixed-uses, or uses
considered to be noxious, offensive, or unsuitable for
the surrounding area.
(K) Environmental clean-up. The proposed
redevelopment project area has incurred Illinois
Environmental Protection Agency or United States
Environmental Protection Agency remediation costs for,
or a study conducted by an independent consultant
recognized as having expertise in environmental
remediation has determined a need for, the clean-up of
hazardous waste, hazardous substances, or underground
storage tanks required by State or federal law,
provided that the remediation costs constitute a
material impediment to the development or
redevelopment of the redevelopment project area.
(L) Lack of community planning. The proposed
redevelopment project area was developed prior to or
without the benefit or guidance of a community plan.
This means that the development occurred prior to the
adoption by the municipality of a comprehensive or
other community plan or that the plan was not followed
at the time of the area's development. This factor
must be documented by evidence of adverse or

SB1797 - 137 - LRB103 03433 AMQ 48439 b
incompatible land-use relationships, inadequate street
layout, improper subdivision, parcels of inadequate
shape and size to meet contemporary development
standards, or other evidence demonstrating an absence
of effective community planning.
(M) The total equalized assessed value of the
proposed redevelopment project area has declined for 3
of the last 5 calendar years prior to the year in which
the redevelopment project area is designated or is
increasing at an annual rate that is less than the
balance of the municipality for 3 of the last 5
calendar years for which information is available or
is increasing at an annual rate that is less than the
Consumer Price Index for All Urban Consumers published
by the United States Department of Labor or successor
agency for 3 of the last 5 calendar years prior to the
year in which the redevelopment project area is
designated.
(2) If vacant, the sound growth of the redevelopment
project area is impaired by a combination of 2 or more of
the following factors, each of which is (i) present, with
that presence documented, to a meaningful extent so that a
municipality may reasonably find that the factor is
clearly present within the intent of the Act and (ii)
reasonably distributed throughout the vacant part of the
redevelopment project area to which it pertains:

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(A) Obsolete platting of vacant land that results
in parcels of limited or narrow size or configurations
of parcels of irregular size or shape that would be
difficult to develop on a planned basis and in a manner
compatible with contemporary standards and
requirements, or platting that failed to create
rights-of-ways for streets or alleys or that created
inadequate right-of-way widths for streets, alleys, or
other public rights-of-way or that omitted easements
for public utilities.
(B) Diversity of ownership of parcels of vacant
land sufficient in number to retard or impede the
ability to assemble the land for development.
(C) Tax and special assessment delinquencies exist
or the property has been the subject of tax sales under
the Property Tax Code within the last 5 years.
(D) Deterioration of structures or site
improvements in neighboring areas adjacent to the
vacant land.
(E) The area has incurred Illinois Environmental
Protection Agency or United States Environmental
Protection Agency remediation costs for, or a study
conducted by an independent consultant recognized as
having expertise in environmental remediation has
determined a need for, the clean-up of hazardous
waste, hazardous substances, or underground storage

SB1797 - 139 - LRB103 03433 AMQ 48439 b
tanks required by State or federal law, provided that
the remediation costs constitute a material impediment
to the development or redevelopment of the
redevelopment project area.
(F) The total equalized assessed value of the
proposed redevelopment project area has declined for 3
of the last 5 calendar years prior to the year in which
the redevelopment project area is designated or is
increasing at an annual rate that is less than the
balance of the municipality for 3 of the last 5
calendar years for which information is available or
is increasing at an annual rate that is less than the
Consumer Price Index for All Urban Consumers published
by the United States Department of Labor or successor
agency for 3 of the last 5 calendar years prior to the
year in which the redevelopment project area is
designated.
(3) If vacant, the sound growth of the redevelopment
project area is impaired by one of the following factors
that (i) is present, with that presence documented, to a
meaningful extent so that a municipality may reasonably
find that the factor is clearly present within the intent
of the Act and (ii) is reasonably distributed throughout
the vacant part of the redevelopment project area to which
it pertains:
(A) The area consists of one or more unused

SB1797 - 140 - LRB103 03433 AMQ 48439 b
quarries, mines, or strip mine ponds.
(B) The area consists of unused rail yards, rail
tracks, or railroad rights-of-way.
(C) The area, prior to its designation, is subject
to (i) chronic flooding that adversely impacts on real
property in the area as certified by a registered
professional engineer or appropriate regulatory agency
or (ii) surface water that discharges from all or a
part of the area and contributes to flooding within
the same watershed, but only if the redevelopment
project provides for facilities or improvements to
contribute to the alleviation of all or part of the
flooding.
(D) The area consists of an unused or illegal
disposal site containing earth, stone, building
debris, or similar materials that were removed from
construction, demolition, excavation, or dredge sites.
(E) Prior to November 1, 1999, the area is not less
than 50 nor more than 100 acres and 75% of which is
vacant (notwithstanding that the area has been used
for commercial agricultural purposes within 5 years
prior to the designation of the redevelopment project
area), and the area meets at least one of the factors
itemized in paragraph (1) of this subsection, the area
has been designated as a town or village center by
ordinance or comprehensive plan adopted prior to

SB1797 - 141 - LRB103 03433 AMQ 48439 b
January 1, 1982, and the area has not been developed
for that designated purpose.
(F) The area qualified as a blighted improved area
immediately prior to becoming vacant, unless there has
been substantial private investment in the immediately
surrounding area.
(b) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted
prior to November 1, 1999 (the effective date of Public Act
91-478), "conservation area" shall have the meaning set forth
in this Section prior to that date.
On and after November 1, 1999, "conservation area" means
any improved area within the boundaries of a redevelopment
project area located within the territorial limits of the
municipality in which 50% or more of the structures in the area
have an age of 35 years or more. Such an area is not yet a
blighted area but because of a combination of 3 or more of the
following factors is detrimental to the public safety, health,
morals or welfare and such an area may become a blighted area:
(1) Dilapidation. An advanced state of disrepair or
neglect of necessary repairs to the primary structural
components of buildings or improvements in such a
combination that a documented building condition analysis
determines that major repair is required or the defects
are so serious and so extensive that the buildings must be
removed.

SB1797 - 142 - LRB103 03433 AMQ 48439 b
(2) Obsolescence. The condition or process of falling
into disuse. Structures have become ill-suited for the
original use.
(3) Deterioration. With respect to buildings, defects
including, but not limited to, major defects in the
secondary building components such as doors, windows,
porches, gutters and downspouts, and fascia. With respect
to surface improvements, that the condition of roadways,
alleys, curbs, gutters, sidewalks, off-street parking, and
surface storage areas evidence deterioration, including,
but not limited to, surface cracking, crumbling, potholes,
depressions, loose paving material, and weeds protruding
through paved surfaces.
(4) Presence of structures below minimum code
standards. All structures that do not meet the standards
of zoning, subdivision, building, fire, and other
governmental codes applicable to property, but not
including housing and property maintenance codes.
(5) Illegal use of individual structures. The use of
structures in violation of applicable federal, State, or
local laws, exclusive of those applicable to the presence
of structures below minimum code standards.
(6) Excessive vacancies. The presence of buildings
that are unoccupied or under-utilized and that represent
an adverse influence on the area because of the frequency,
extent, or duration of the vacancies.

SB1797 - 143 - LRB103 03433 AMQ 48439 b
(7) Lack of ventilation, light, or sanitary
facilities. The absence of adequate ventilation for light
or air circulation in spaces or rooms without windows, or
that require the removal of dust, odor, gas, smoke, or
other noxious airborne materials. Inadequate natural light
and ventilation means the absence or inadequacy of
skylights or windows for interior spaces or rooms and
improper window sizes and amounts by room area to window
area ratios. Inadequate sanitary facilities refers to the
absence or inadequacy of garbage storage and enclosure,
bathroom facilities, hot water and kitchens, and
structural inadequacies preventing ingress and egress to
and from all rooms and units within a building.
(8) Inadequate utilities. Underground and overhead
utilities such as storm sewers and storm drainage,
sanitary sewers, water lines, and gas, telephone, and
electrical services that are shown to be inadequate.
Inadequate utilities are those that are: (i) of
insufficient capacity to serve the uses in the
redevelopment project area, (ii) deteriorated, antiquated,
obsolete, or in disrepair, or (iii) lacking within the
redevelopment project area.
(9) Excessive land coverage and overcrowding of
structures and community facilities. The over-intensive
use of property and the crowding of buildings and
accessory facilities onto a site. Examples of problem

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conditions warranting the designation of an area as one
exhibiting excessive land coverage are: the presence of
buildings either improperly situated on parcels or located
on parcels of inadequate size and shape in relation to
present-day standards of development for health and safety
and the presence of multiple buildings on a single parcel.
For there to be a finding of excessive land coverage,
these parcels must exhibit one or more of the following
conditions: insufficient provision for light and air
within or around buildings, increased threat of spread of
fire due to the close proximity of buildings, lack of
adequate or proper access to a public right-of-way, lack
of reasonably required off-street parking, or inadequate
provision for loading and service.
(10) Deleterious land use or layout. The existence of
incompatible land-use relationships, buildings occupied by
inappropriate mixed-uses, or uses considered to be
noxious, offensive, or unsuitable for the surrounding
area.
(11) Lack of community planning. The proposed
redevelopment project area was developed prior to or
without the benefit or guidance of a community plan. This
means that the development occurred prior to the adoption
by the municipality of a comprehensive or other community
plan or that the plan was not followed at the time of the
area's development. This factor must be documented by

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evidence of adverse or incompatible land-use
relationships, inadequate street layout, improper
subdivision, parcels of inadequate shape and size to meet
contemporary development standards, or other evidence
demonstrating an absence of effective community planning.
(12) The area has incurred Illinois Environmental
Protection Agency or United States Environmental
Protection Agency remediation costs for, or a study
conducted by an independent consultant recognized as
having expertise in environmental remediation has
determined a need for, the clean-up of hazardous waste,
hazardous substances, or underground storage tanks
required by State or federal law, provided that the
remediation costs constitute a material impediment to the
development or redevelopment of the redevelopment project
area.
(13) The total equalized assessed value of the
proposed redevelopment project area has declined for 3 of
the last 5 calendar years for which information is
available or is increasing at an annual rate that is less
than the balance of the municipality for 3 of the last 5
calendar years for which information is available or is
increasing at an annual rate that is less than the
Consumer Price Index for All Urban Consumers published by
the United States Department of Labor or successor agency
for 3 of the last 5 calendar years for which information is

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available.
(c) "Industrial park" means an area in a blighted or
conservation area suitable for use by any manufacturing,
industrial, research or transportation enterprise, of
facilities to include but not be limited to factories, mills,
processing plants, assembly plants, packing plants,
fabricating plants, industrial distribution centers,
warehouses, repair overhaul or service facilities, freight
terminals, research facilities, test facilities or railroad
facilities.
(d) "Industrial park conservation area" means an area
within the boundaries of a redevelopment project area located
within the territorial limits of a municipality that is a
labor surplus municipality or within 1 1/2 miles of the
territorial limits of a municipality that is a labor surplus
municipality if the area is annexed to the municipality; which
area is zoned as industrial no later than at the time the
municipality by ordinance designates the redevelopment project
area, and which area includes both vacant land suitable for
use as an industrial park and a blighted area or conservation
area contiguous to such vacant land.
(e) "Labor surplus municipality" means a municipality in
which, at any time during the 6 months before the municipality
by ordinance designates an industrial park conservation area,
the unemployment rate was over 6% and was also 100% or more of
the national average unemployment rate for that same time as

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published in the United States Department of Labor Bureau of
Labor Statistics publication entitled "The Employment
Situation" or its successor publication. For the purpose of
this subsection, if unemployment rate statistics for the
municipality are not available, the unemployment rate in the
municipality shall be deemed to be the same as the
unemployment rate in the principal county in which the
municipality is located.
(f) "Municipality" shall mean a city, village,
incorporated town, or a township that is located in the
unincorporated portion of a county with 3 million or more
inhabitants, if the county adopted an ordinance that approved
the township's redevelopment plan.
(g) "Initial Sales Tax Amounts" means the amount of taxes
paid under the Retailers' Occupation Tax Act, Use Tax Act,
Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act, and the Municipal
Service Occupation Tax Act by retailers and servicemen on
transactions at places located in a State Sales Tax Boundary
during the calendar year 1985.
(g-1) "Revised Initial Sales Tax Amounts" means the amount
of taxes paid under the Retailers' Occupation Tax Act, Use Tax
Act, Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act, and the Municipal
Service Occupation Tax Act by retailers and servicemen on
transactions at places located within the State Sales Tax

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Boundary revised pursuant to Section 11-74.4-8a(9) of this
Act.
(h) "Municipal Sales Tax Increment" means an amount equal
to the increase in the aggregate amount of taxes paid to a
municipality from the Local Government Tax Fund arising from
sales by retailers and servicemen within the redevelopment
project area or State Sales Tax Boundary, as the case may be,
for as long as the redevelopment project area or State Sales
Tax Boundary, as the case may be, exist over and above the
aggregate amount of taxes as certified by the Illinois
Department of Revenue and paid under the Municipal Retailers'
Occupation Tax Act and the Municipal Service Occupation Tax
Act by retailers and servicemen, on transactions at places of
business located in the redevelopment project area or State
Sales Tax Boundary, as the case may be, during the base year
which shall be the calendar year immediately prior to the year
in which the municipality adopted tax increment allocation
financing. For purposes of computing the aggregate amount of
such taxes for base years occurring prior to 1985, the
Department of Revenue shall determine the Initial Sales Tax
Amounts for such taxes and deduct therefrom an amount equal to
4% of the aggregate amount of taxes per year for each year the
base year is prior to 1985, but not to exceed a total deduction
of 12%. The amount so determined shall be known as the
"Adjusted Initial Sales Tax Amounts". For purposes of
determining the Municipal Sales Tax Increment, the Department

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of Revenue shall for each period subtract from the amount paid
to the municipality from the Local Government Tax Fund arising
from sales by retailers and servicemen on transactions located
in the redevelopment project area or the State Sales Tax
Boundary, as the case may be, the certified Initial Sales Tax
Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts for the Municipal Retailers'
Occupation Tax Act and the Municipal Service Occupation Tax
Act. For the State Fiscal Year 1989, this calculation shall be
made by utilizing the calendar year 1987 to determine the tax
amounts received. For the State Fiscal Year 1990, this
calculation shall be made by utilizing the period from January
1, 1988, until September 30, 1988, to determine the tax
amounts received from retailers and servicemen pursuant to the
Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act, which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts, the
Adjusted Initial Sales Tax Amounts or the Revised Initial
Sales Tax Amounts as appropriate. For the State Fiscal Year
1991, this calculation shall be made by utilizing the period
from October 1, 1988, to June 30, 1989, to determine the tax
amounts received from retailers and servicemen pursuant to the
Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts,
Adjusted Initial Sales Tax Amounts or the Revised Initial

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Sales Tax Amounts as appropriate. For every State Fiscal Year
thereafter, the applicable period shall be the 12 months
beginning July 1 and ending June 30 to determine the tax
amounts received which shall have deducted therefrom the
certified Initial Sales Tax Amounts, the Adjusted Initial
Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
the case may be.
(i) "Net State Sales Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Sales Tax
Increment annually generated within a State Sales Tax
Boundary; (b) 60% of the amount in excess of $100,000 but not
exceeding $500,000 of State Sales Tax Increment annually
generated within a State Sales Tax Boundary; and (c) 40% of all
amounts in excess of $500,000 of State Sales Tax Increment
annually generated within a State Sales Tax Boundary. If,
however, a municipality established a tax increment financing
district in a county with a population in excess of 3,000,000
before January 1, 1986, and the municipality entered into a
contract or issued bonds after January 1, 1986, but before
December 31, 1986, to finance redevelopment project costs
within a State Sales Tax Boundary, then the Net State Sales Tax
Increment means, for the fiscal years beginning July 1, 1990,
and July 1, 1991, 100% of the State Sales Tax Increment
annually generated within a State Sales Tax Boundary; and
notwithstanding any other provision of this Act, for those
fiscal years the Department of Revenue shall distribute to

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those municipalities 100% of their Net State Sales Tax
Increment before any distribution to any other municipality
and regardless of whether or not those other municipalities
will receive 100% of their Net State Sales Tax Increment. For
Fiscal Year 1999, and every year thereafter until the year
2007, for any municipality that has not entered into a
contract or has not issued bonds prior to June 1, 1988 to
finance redevelopment project costs within a State Sales Tax
Boundary, the Net State Sales Tax Increment shall be
calculated as follows: By multiplying the Net State Sales Tax
Increment by 90% in the State Fiscal Year 1999; 80% in the
State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
in the State Fiscal Year 2002; 50% in the State Fiscal Year
2003; 40% in the State Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No payment shall be made for State
Fiscal Year 2008 and thereafter.
Municipalities that issued bonds in connection with a
redevelopment project in a redevelopment project area within
the State Sales Tax Boundary prior to July 29, 1991, or that
entered into contracts in connection with a redevelopment
project in a redevelopment project area before June 1, 1988,
shall continue to receive their proportional share of the
Illinois Tax Increment Fund distribution until the date on
which the redevelopment project is completed or terminated.
If, however, a municipality that issued bonds in connection

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with a redevelopment project in a redevelopment project area
within the State Sales Tax Boundary prior to July 29, 1991
retires the bonds prior to June 30, 2007 or a municipality that
entered into contracts in connection with a redevelopment
project in a redevelopment project area before June 1, 1988
completes the contracts prior to June 30, 2007, then so long as
the redevelopment project is not completed or is not
terminated, the Net State Sales Tax Increment shall be
calculated, beginning on the date on which the bonds are
retired or the contracts are completed, as follows: By
multiplying the Net State Sales Tax Increment by 60% in the
State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
in the State Fiscal Year 2004; 30% in the State Fiscal Year
2005; 20% in the State Fiscal Year 2006; and 10% in the State
Fiscal Year 2007. No payment shall be made for State Fiscal
Year 2008 and thereafter. Refunding of any bonds issued prior
to July 29, 1991, shall not alter the Net State Sales Tax
Increment.
(j) "State Utility Tax Increment Amount" means an amount
equal to the aggregate increase in State electric and gas tax
charges imposed on owners and tenants, other than residential
customers, of properties located within the redevelopment
project area under Section 9-222 of the Public Utilities Act,
over and above the aggregate of such charges as certified by
the Department of Revenue and paid by owners and tenants,
other than residential customers, of properties within the

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redevelopment project area during the base year, which shall
be the calendar year immediately prior to the year of the
adoption of the ordinance authorizing tax increment allocation
financing.
(k) "Net State Utility Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Utility Tax
Increment annually generated by a redevelopment project area;
(b) 60% of the amount in excess of $100,000 but not exceeding
$500,000 of the State Utility Tax Increment annually generated
by a redevelopment project area; and (c) 40% of all amounts in
excess of $500,000 of State Utility Tax Increment annually
generated by a redevelopment project area. For the State
Fiscal Year 1999, and every year thereafter until the year
2007, for any municipality that has not entered into a
contract or has not issued bonds prior to June 1, 1988 to
finance redevelopment project costs within a redevelopment
project area, the Net State Utility Tax Increment shall be
calculated as follows: By multiplying the Net State Utility
Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
in the State Fiscal Year 2002; 50% in the State Fiscal Year
2003; 40% in the State Fiscal Year 2004; 30% in the State
Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
the State Fiscal Year 2007. No payment shall be made for the
State Fiscal Year 2008 and thereafter.
Municipalities that issue bonds in connection with the

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redevelopment project during the period from June 1, 1988
until 3 years after the effective date of this Amendatory Act
of 1988 shall receive the Net State Utility Tax Increment,
subject to appropriation, for 15 State Fiscal Years after the
issuance of such bonds. For the 16th through the 20th State
Fiscal Years after issuance of the bonds, the Net State
Utility Tax Increment shall be calculated as follows: By
multiplying the Net State Utility Tax Increment by 90% in year
16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
year 20. Refunding of any bonds issued prior to June 1, 1988,
shall not alter the revised Net State Utility Tax Increment
payments set forth above.
(l) "Obligations" mean bonds, loans, debentures, notes,
special certificates or other evidence of indebtedness issued
by the municipality to carry out a redevelopment project or to
refund outstanding obligations.
(m) "Payment in lieu of taxes" means those estimated tax
revenues from real property in a redevelopment project area
derived from real property that has been acquired by a
municipality which according to the redevelopment project or
plan is to be used for a private use which taxing districts
would have received had a municipality not acquired the real
property and adopted tax increment allocation financing and
which would result from levies made after the time of the
adoption of tax increment allocation financing to the time the
current equalized value of real property in the redevelopment

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project area exceeds the total initial equalized value of real
property in said area.
(n) "Redevelopment plan" means the comprehensive program
of the municipality for development or redevelopment intended
by the payment of redevelopment project costs to reduce or
eliminate those conditions the existence of which qualified
the redevelopment project area as a "blighted area" or
"conservation area" or combination thereof or "industrial park
conservation area," and thereby to enhance the tax bases of
the taxing districts which extend into the redevelopment
project area, provided that, with respect to redevelopment
project areas described in subsections (p-1) and (p-2),
"redevelopment plan" means the comprehensive program of the
affected municipality for the development of qualifying
transit facilities. On and after November 1, 1999 (the
effective date of Public Act 91-478), no redevelopment plan
may be approved or amended that includes the development of
vacant land (i) with a golf course and related clubhouse and
other facilities or (ii) designated by federal, State, county,
or municipal government as public land for outdoor
recreational activities or for nature preserves and used for
that purpose within 5 years prior to the adoption of the
redevelopment plan. For the purpose of this subsection,
"recreational activities" is limited to mean camping and
hunting. Each redevelopment plan shall set forth in writing
the program to be undertaken to accomplish the objectives and

SB1797 - 156 - LRB103 03433 AMQ 48439 b
shall include but not be limited to:
(A) an itemized list of estimated redevelopment
project costs;
(B) evidence indicating that the redevelopment project
area on the whole has not been subject to growth and
development through investment by private enterprise,
provided that such evidence shall not be required for any
redevelopment project area located within a transit
facility improvement area established pursuant to Section
11-74.4-3.3;
(C) an assessment of any financial impact of the
redevelopment project area on or any increased demand for
services from any taxing district affected by the plan and
any program to address such financial impact or increased
demand;
(D) the sources of funds to pay costs;
(E) the nature and term of the obligations to be
issued;
(F) the most recent equalized assessed valuation of
the redevelopment project area;
(G) an estimate as to the equalized assessed valuation
after redevelopment and the general land uses to apply in
the redevelopment project area;
(H) a commitment to fair employment practices and an
affirmative action plan;
(I) if it concerns an industrial park conservation

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area, the plan shall also include a general description of
any proposed developer, user and tenant of any property, a
description of the type, structure and general character
of the facilities to be developed, a description of the
type, class and number of new employees to be employed in
the operation of the facilities to be developed; and
(J) if property is to be annexed to the municipality,
the plan shall include the terms of the annexation
agreement.
The provisions of items (B) and (C) of this subsection (n)
shall not apply to a municipality that before March 14, 1994
(the effective date of Public Act 88-537) had fixed, either by
its corporate authorities or by a commission designated under
subsection (k) of Section 11-74.4-4, a time and place for a
public hearing as required by subsection (a) of Section
11-74.4-5. No redevelopment plan shall be adopted unless a
municipality complies with all of the following requirements:
(1) The municipality finds that the redevelopment
project area on the whole has not been subject to growth
and development through investment by private enterprise
and would not reasonably be anticipated to be developed
without the adoption of the redevelopment plan, provided,
however, that such a finding shall not be required with
respect to any redevelopment project area located within a
transit facility improvement area established pursuant to
Section 11-74.4-3.3.

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(2) The municipality finds that the redevelopment plan
and project conform to the comprehensive plan for the
development of the municipality as a whole, or, for
municipalities with a population of 100,000 or more,
regardless of when the redevelopment plan and project was
adopted, the redevelopment plan and project either: (i)
conforms to the strategic economic development or
redevelopment plan issued by the designated planning
authority of the municipality, or (ii) includes land uses
that have been approved by the planning commission of the
municipality.
(3) The redevelopment plan establishes the estimated
dates of completion of the redevelopment project and
retirement of obligations issued to finance redevelopment
project costs. Those dates may not be later than the dates
set forth under Section 11-74.4-3.5.
A municipality may by municipal ordinance amend an
existing redevelopment plan to conform to this paragraph
(3) as amended by Public Act 91-478, which municipal
ordinance may be adopted without further hearing or notice
and without complying with the procedures provided in this
Act pertaining to an amendment to or the initial approval
of a redevelopment plan and project and designation of a
redevelopment project area.
(3.5) The municipality finds, in the case of an
industrial park conservation area, also that the

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municipality is a labor surplus municipality and that the
implementation of the redevelopment plan will reduce
unemployment, create new jobs and by the provision of new
facilities enhance the tax base of the taxing districts
that extend into the redevelopment project area.
(4) If any incremental revenues are being utilized
under Section 8(a)(1) or 8(a)(2) of this Act in
redevelopment project areas approved by ordinance after
January 1, 1986, the municipality finds: (a) that the
redevelopment project area would not reasonably be
developed without the use of such incremental revenues,
and (b) that such incremental revenues will be exclusively
utilized for the development of the redevelopment project
area.
(5) If: (a) the redevelopment plan will not result in
displacement of residents from 10 or more inhabited
residential units, and the municipality certifies in the
plan that such displacement will not result from the plan;
or (b) the redevelopment plan is for a redevelopment
project area or a qualifying transit facility located
within a transit facility improvement area established
pursuant to Section 11-74.4-3.3, and the applicable
project is subject to the process for evaluation of
environmental effects under the National Environmental
Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing
impact study need not be performed. If, however, the

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redevelopment plan would result in the displacement of
residents from 10 or more inhabited residential units, or
if the redevelopment project area contains 75 or more
inhabited residential units and no certification is made,
then the municipality shall prepare, as part of the
separate feasibility report required by subsection (a) of
Section 11-74.4-5, a housing impact study.
Part I of the housing impact study shall include (i)
data as to whether the residential units are single family
or multi-family units, (ii) the number and type of rooms
within the units, if that information is available, (iii)
whether the units are inhabited or uninhabited, as
determined not less than 45 days before the date that the
ordinance or resolution required by subsection (a) of
Section 11-74.4-5 is passed, and (iv) data as to the
racial and ethnic composition of the residents in the
inhabited residential units. The data requirement as to
the racial and ethnic composition of the residents in the
inhabited residential units shall be deemed to be fully
satisfied by data from the most recent federal census.
Part II of the housing impact study shall identify the
inhabited residential units in the proposed redevelopment
project area that are to be or may be removed. If inhabited
residential units are to be removed, then the housing
impact study shall identify (i) the number and location of
those units that will or may be removed, (ii) the

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municipality's plans for relocation assistance for those
residents in the proposed redevelopment project area whose
residences are to be removed, (iii) the availability of
replacement housing for those residents whose residences
are to be removed, and shall identify the type, location,
and cost of the housing, and (iv) the type and extent of
relocation assistance to be provided.
(6) On and after November 1, 1999, the housing impact
study required by paragraph (5) shall be incorporated in
the redevelopment plan for the redevelopment project area.
(7) On and after November 1, 1999, no redevelopment
plan shall be adopted, nor an existing plan amended, nor
shall residential housing that is occupied by households
of low-income and very low-income persons in currently
existing redevelopment project areas be removed after
November 1, 1999 unless the redevelopment plan provides,
with respect to inhabited housing units that are to be
removed for households of low-income and very low-income
persons, affordable housing and relocation assistance not
less than that which would be provided under the federal
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and the regulations under
that Act, including the eligibility criteria. Affordable
housing may be either existing or newly constructed
housing. For purposes of this paragraph (7), "low-income
households", "very low-income households", and "affordable

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housing" have the meanings set forth in the Illinois
Affordable Housing Act. The municipality shall make a good
faith effort to ensure that this affordable housing is
located in or near the redevelopment project area within
the municipality.
(8) On and after November 1, 1999, if, after the
adoption of the redevelopment plan for the redevelopment
project area, any municipality desires to amend its
redevelopment plan to remove more inhabited residential
units than specified in its original redevelopment plan,
that change shall be made in accordance with the
procedures in subsection (c) of Section 11-74.4-5.
(9) For redevelopment project areas designated prior
to November 1, 1999, the redevelopment plan may be amended
without further joint review board meeting or hearing,
provided that the municipality shall give notice of any
such changes by mail to each affected taxing district and
registrant on the interested party registry, to authorize
the municipality to expend tax increment revenues for
redevelopment project costs defined by paragraphs (5) and
(7.5), subparagraphs (E) and (F) of paragraph (11), and
paragraph (11.5) of subsection (q) of Section 11-74.4-3,
so long as the changes do not increase the total estimated
redevelopment project costs set out in the redevelopment
plan by more than 5% after adjustment for inflation from
the date the plan was adopted.

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(o) "Redevelopment project" means any public and private
development project in furtherance of the objectives of a
redevelopment plan. On and after November 1, 1999 (the
effective date of Public Act 91-478), no redevelopment plan
may be approved or amended that includes the development of
vacant land (i) with a golf course and related clubhouse and
other facilities or (ii) designated by federal, State, county,
or municipal government as public land for outdoor
recreational activities or for nature preserves and used for
that purpose within 5 years prior to the adoption of the
redevelopment plan. For the purpose of this subsection,
"recreational activities" is limited to mean camping and
hunting.
(p) "Redevelopment project area" means an area designated
by the municipality, which is not less in the aggregate than 1
1/2 acres and in respect to which the municipality has made a
finding that there exist conditions which cause the area to be
classified as an industrial park conservation area or a
blighted area or a conservation area, or a combination of both
blighted areas and conservation areas.
(p-1) Notwithstanding any provision of this Act to the
contrary, on and after August 25, 2009 (the effective date of
Public Act 96-680), a redevelopment project area may include
areas within a one-half mile radius of an existing or proposed
Regional Transportation Authority Suburban Transit Access
Route (STAR Line) station without a finding that the area is

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classified as an industrial park conservation area, a blighted
area, a conservation area, or a combination thereof, but only
if the municipality receives unanimous consent from the joint
review board created to review the proposed redevelopment
project area.
(p-2) Notwithstanding any provision of this Act to the
contrary, on and after the effective date of this amendatory
Act of the 99th General Assembly, a redevelopment project area
may include areas within a transit facility improvement area
that has been established pursuant to Section 11-74.4-3.3
without a finding that the area is classified as an industrial
park conservation area, a blighted area, a conservation area,
or any combination thereof.
(q) "Redevelopment project costs", except for
redevelopment project areas created pursuant to subsection
(p-1) or (p-2), means and includes the sum total of all
reasonable or necessary costs incurred or estimated to be
incurred, and any such costs incidental to a redevelopment
plan and a redevelopment project. Such costs include, without
limitation, the following:
(1) Costs of studies, surveys, development of plans,
and specifications, implementation and administration of
the redevelopment plan including but not limited to staff
and professional service costs for architectural,
engineering, legal, financial, planning or other services,
provided however that no charges for professional services

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may be based on a percentage of the tax increment
collected; except that on and after November 1, 1999 (the
effective date of Public Act 91-478), no contracts for
professional services, excluding architectural and
engineering services, may be entered into if the terms of
the contract extend beyond a period of 3 years. In
addition, "redevelopment project costs" shall not include
lobbying expenses. After consultation with the
municipality, each tax increment consultant or advisor to
a municipality that plans to designate or has designated a
redevelopment project area shall inform the municipality
in writing of any contracts that the consultant or advisor
has entered into with entities or individuals that have
received, or are receiving, payments financed by tax
increment revenues produced by the redevelopment project
area with respect to which the consultant or advisor has
performed, or will be performing, service for the
municipality. This requirement shall be satisfied by the
consultant or advisor before the commencement of services
for the municipality and thereafter whenever any other
contracts with those individuals or entities are executed
by the consultant or advisor;
(1.5) After July 1, 1999, annual administrative costs
shall not include general overhead or administrative costs
of the municipality that would still have been incurred by
the municipality if the municipality had not designated a

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redevelopment project area or approved a redevelopment
plan;
(1.6) The cost of marketing sites within the
redevelopment project area to prospective businesses,
developers, and investors;
(2) Property assembly costs, including but not limited
to acquisition of land and other property, real or
personal, or rights or interests therein, demolition of
buildings, site preparation, site improvements that serve
as an engineered barrier addressing ground level or below
ground environmental contamination, including, but not
limited to parking lots and other concrete or asphalt
barriers, and the clearing and grading of land;
(3) Costs of rehabilitation, reconstruction or repair
or remodeling of existing public or private buildings,
fixtures, and leasehold improvements; and the cost of
replacing an existing public building if pursuant to the
implementation of a redevelopment project the existing
public building is to be demolished to use the site for
private investment or devoted to a different use requiring
private investment; including any direct or indirect costs
relating to Green Globes or LEED certified construction
elements or construction elements with an equivalent
certification;
(4) Costs of the construction of public works or
improvements, including any direct or indirect costs

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relating to Green Globes or LEED certified construction
elements or construction elements with an equivalent
certification, except that on and after November 1, 1999,
redevelopment project costs shall not include the cost of
constructing a new municipal public building principally
used to provide offices, storage space, or conference
facilities or vehicle storage, maintenance, or repair for
administrative, public safety, or public works personnel
and that is not intended to replace an existing public
building as provided under paragraph (3) of subsection (q)
of Section 11-74.4-3 unless either (i) the construction of
the new municipal building implements a redevelopment
project that was included in a redevelopment plan that was
adopted by the municipality prior to November 1, 1999,
(ii) the municipality makes a reasonable determination in
the redevelopment plan, supported by information that
provides the basis for that determination, that the new
municipal building is required to meet an increase in the
need for public safety purposes anticipated to result from
the implementation of the redevelopment plan, or (iii) the
new municipal public building is for the storage,
maintenance, or repair of transit vehicles and is located
in a transit facility improvement area that has been
established pursuant to Section 11-74.4-3.3;
(5) Costs of job training and retraining projects,
including the cost of "welfare to work" programs

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implemented by businesses located within the redevelopment
project area;
(6) Financing costs, including but not limited to all
necessary and incidental expenses related to the issuance
of obligations and which may include payment of interest
on any obligations issued hereunder including interest
accruing during the estimated period of construction of
any redevelopment project for which such obligations are
issued and for not exceeding 36 months thereafter and
including reasonable reserves related thereto;
(7) To the extent the municipality by written
agreement accepts and approves the same, all or a portion
of a taxing district's capital costs resulting from the
redevelopment project necessarily incurred or to be
incurred within a taxing district in furtherance of the
objectives of the redevelopment plan and project;
(7.5) For redevelopment project areas designated (or
redevelopment project areas amended to add or increase the
number of tax-increment-financing assisted housing units)
on or after November 1, 1999, an elementary, secondary, or
unit school district's increased costs attributable to
assisted housing units located within the redevelopment
project area for which the developer or redeveloper
receives financial assistance through an agreement with
the municipality or because the municipality incurs the
cost of necessary infrastructure improvements within the

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boundaries of the assisted housing sites necessary for the
completion of that housing as authorized by this Act, and
which costs shall be paid by the municipality from the
Special Tax Allocation Fund when the tax increment revenue
is received as a result of the assisted housing units and
shall be calculated annually as follows:
(A) for foundation districts, excluding any school
district in a municipality with a population in excess
of 1,000,000, by multiplying the district's increase
in attendance resulting from the net increase in new
students enrolled in that school district who reside
in housing units within the redevelopment project area
that have received financial assistance through an
agreement with the municipality or because the
municipality incurs the cost of necessary
infrastructure improvements within the boundaries of
the housing sites necessary for the completion of that
housing as authorized by this Act since the
designation of the redevelopment project area by the
most recently available per capita tuition cost as
defined in Section 10-20.12a of the School Code less
any increase in general State aid as defined in
Section 18-8.05 of the School Code or evidence-based
funding as defined in Section 18-8.15 of the School
Code attributable to these added new students subject
to the following annual limitations:

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(i) for unit school districts with a district
average 1995-96 Per Capita Tuition Charge of less
than $5,900, no more than 25% of the total amount
of property tax increment revenue produced by
those housing units that have received tax
increment finance assistance under this Act;
(ii) for elementary school districts with a
district average 1995-96 Per Capita Tuition Charge
of less than $5,900, no more than 17% of the total
amount of property tax increment revenue produced
by those housing units that have received tax
increment finance assistance under this Act; and
(iii) for secondary school districts with a
district average 1995-96 Per Capita Tuition Charge
of less than $5,900, no more than 8% of the total
amount of property tax increment revenue produced
by those housing units that have received tax
increment finance assistance under this Act.
(B) For alternate method districts, flat grant
districts, and foundation districts with a district
average 1995-96 Per Capita Tuition Charge equal to or
more than $5,900, excluding any school district with a
population in excess of 1,000,000, by multiplying the
district's increase in attendance resulting from the
net increase in new students enrolled in that school
district who reside in housing units within the

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redevelopment project area that have received
financial assistance through an agreement with the
municipality or because the municipality incurs the
cost of necessary infrastructure improvements within
the boundaries of the housing sites necessary for the
completion of that housing as authorized by this Act
since the designation of the redevelopment project
area by the most recently available per capita tuition
cost as defined in Section 10-20.12a of the School
Code less any increase in general state aid as defined
in Section 18-8.05 of the School Code or
evidence-based funding as defined in Section 18-8.15
of the School Code attributable to these added new
students subject to the following annual limitations:
(i) for unit school districts, no more than
40% of the total amount of property tax increment
revenue produced by those housing units that have
received tax increment finance assistance under
this Act;
(ii) for elementary school districts, no more
than 27% of the total amount of property tax
increment revenue produced by those housing units
that have received tax increment finance
assistance under this Act; and
(iii) for secondary school districts, no more
than 13% of the total amount of property tax

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increment revenue produced by those housing units
that have received tax increment finance
assistance under this Act.
(C) For any school district in a municipality with
a population in excess of 1,000,000, the following
restrictions shall apply to the reimbursement of
increased costs under this paragraph (7.5):
(i) no increased costs shall be reimbursed
unless the school district certifies that each of
the schools affected by the assisted housing
project is at or over its student capacity;
(ii) the amount reimbursable shall be reduced
by the value of any land donated to the school
district by the municipality or developer, and by
the value of any physical improvements made to the
schools by the municipality or developer; and
(iii) the amount reimbursed may not affect
amounts otherwise obligated by the terms of any
bonds, notes, or other funding instruments, or the
terms of any redevelopment agreement.
Any school district seeking payment under this
paragraph (7.5) shall, after July 1 and before
September 30 of each year, provide the municipality
with reasonable evidence to support its claim for
reimbursement before the municipality shall be
required to approve or make the payment to the school

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district. If the school district fails to provide the
information during this period in any year, it shall
forfeit any claim to reimbursement for that year.
School districts may adopt a resolution waiving the
right to all or a portion of the reimbursement
otherwise required by this paragraph (7.5). By
acceptance of this reimbursement the school district
waives the right to directly or indirectly set aside,
modify, or contest in any manner the establishment of
the redevelopment project area or projects;
(7.7) For redevelopment project areas designated (or
redevelopment project areas amended to add or increase the
number of tax-increment-financing assisted housing units)
on or after January 1, 2005 (the effective date of Public
Act 93-961), a public library district's increased costs
attributable to assisted housing units located within the
redevelopment project area for which the developer or
redeveloper receives financial assistance through an
agreement with the municipality or because the
municipality incurs the cost of necessary infrastructure
improvements within the boundaries of the assisted housing
sites necessary for the completion of that housing as
authorized by this Act shall be paid to the library
district by the municipality from the Special Tax
Allocation Fund when the tax increment revenue is received
as a result of the assisted housing units. This paragraph

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(7.7) applies only if (i) the library district is located
in a county that is subject to the Property Tax Extension
Limitation Law or (ii) the library district is not located
in a county that is subject to the Property Tax Extension
Limitation Law but the district is prohibited by any other
law from increasing its tax levy rate without a prior
voter referendum.
The amount paid to a library district under this
paragraph (7.7) shall be calculated by multiplying (i) the
net increase in the number of persons eligible to obtain a
library card in that district who reside in housing units
within the redevelopment project area that have received
financial assistance through an agreement with the
municipality or because the municipality incurs the cost
of necessary infrastructure improvements within the
boundaries of the housing sites necessary for the
completion of that housing as authorized by this Act since
the designation of the redevelopment project area by (ii)
the per-patron cost of providing library services so long
as it does not exceed $120. The per-patron cost shall be
the Total Operating Expenditures Per Capita for the
library in the previous fiscal year. The municipality may
deduct from the amount that it must pay to a library
district under this paragraph any amount that it has
voluntarily paid to the library district from the tax
increment revenue. The amount paid to a library district

SB1797 - 175 - LRB103 03433 AMQ 48439 b
under this paragraph (7.7) shall be no more than 2% of the
amount produced by the assisted housing units and
deposited into the Special Tax Allocation Fund.
A library district is not eligible for any payment
under this paragraph (7.7) unless the library district has
experienced an increase in the number of patrons from the
municipality that created the tax-increment-financing
district since the designation of the redevelopment
project area.
Any library district seeking payment under this
paragraph (7.7) shall, after July 1 and before September
30 of each year, provide the municipality with convincing
evidence to support its claim for reimbursement before the
municipality shall be required to approve or make the
payment to the library district. If the library district
fails to provide the information during this period in any
year, it shall forfeit any claim to reimbursement for that
year. Library districts may adopt a resolution waiving the
right to all or a portion of the reimbursement otherwise
required by this paragraph (7.7). By acceptance of such
reimbursement, the library district shall forfeit any
right to directly or indirectly set aside, modify, or
contest in any manner whatsoever the establishment of the
redevelopment project area or projects;
(8) Relocation costs to the extent that a municipality
determines that relocation costs shall be paid or is

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required to make payment of relocation costs by federal or
State law or in order to satisfy subparagraph (7) of
subsection (n);
(9) Payment in lieu of taxes;
(10) Costs of job training, retraining, advanced
vocational education or career education, including but
not limited to courses in occupational, semi-technical or
technical fields leading directly to employment, incurred
by one or more taxing districts, provided that such costs
(i) are related to the establishment and maintenance of
additional job training, advanced vocational education or
career education programs for persons employed or to be
employed by employers located in a redevelopment project
area; and (ii) when incurred by a taxing district or
taxing districts other than the municipality, are set
forth in a written agreement by or among the municipality
and the taxing district or taxing districts, which
agreement describes the program to be undertaken,
including but not limited to the number of employees to be
trained, a description of the training and services to be
provided, the number and type of positions available or to
be available, itemized costs of the program and sources of
funds to pay for the same, and the term of the agreement.
Such costs include, specifically, the payment by community
college districts of costs pursuant to Sections 3-37,
3-38, 3-40 and 3-40.1 of the Public Community College Act

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and by school districts of costs pursuant to Sections
10-22.20a and 10-23.3a of the School Code;
(11) Interest cost incurred by a redeveloper related
to the construction, renovation or rehabilitation of a
redevelopment project provided that:
(A) such costs are to be paid directly from the
special tax allocation fund established pursuant to
this Act;
(B) such payments in any one year may not exceed
30% of the annual interest costs incurred by the
redeveloper with regard to the redevelopment project
during that year;
(C) if there are not sufficient funds available in
the special tax allocation fund to make the payment
pursuant to this paragraph (11) then the amounts so
due shall accrue and be payable when sufficient funds
are available in the special tax allocation fund;
(D) the total of such interest payments paid
pursuant to this Act may not exceed 30% of the total
(i) cost paid or incurred by the redeveloper for the
redevelopment project plus (ii) redevelopment project
costs excluding any property assembly costs and any
relocation costs incurred by a municipality pursuant
to this Act;
(E) the cost limits set forth in subparagraphs (B)
and (D) of paragraph (11) shall be modified for the

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financing of rehabilitated or new housing units for
low-income households and very low-income households,
as defined in Section 3 of the Illinois Affordable
Housing Act. The percentage of 75% shall be
substituted for 30% in subparagraphs (B) and (D) of
paragraph (11); and
(F) instead of the eligible costs provided by
subparagraphs (B) and (D) of paragraph (11), as
modified by this subparagraph, and notwithstanding any
other provisions of this Act to the contrary, the
municipality may pay from tax increment revenues up to
50% of the cost of construction of new housing units to
be occupied by low-income households and very
low-income households as defined in Section 3 of the
Illinois Affordable Housing Act. The cost of
construction of those units may be derived from the
proceeds of bonds issued by the municipality under
this Act or other constitutional or statutory
authority or from other sources of municipal revenue
that may be reimbursed from tax increment revenues or
the proceeds of bonds issued to finance the
construction of that housing.
The eligible costs provided under this
subparagraph (F) of paragraph (11) shall be an
eligible cost for the construction, renovation, and
rehabilitation of all low and very low-income housing

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units, as defined in Section 3 of the Illinois
Affordable Housing Act, within the redevelopment
project area. If the low and very low-income units are
part of a residential redevelopment project that
includes units not affordable to low and very
low-income households, only the low and very
low-income units shall be eligible for benefits under
this subparagraph (F) of paragraph (11). The standards
for maintaining the occupancy by low-income households
and very low-income households, as defined in Section
3 of the Illinois Affordable Housing Act, of those
units constructed with eligible costs made available
under the provisions of this subparagraph (F) of
paragraph (11) shall be established by guidelines
adopted by the municipality. The responsibility for
annually documenting the initial occupancy of the
units by low-income households and very low-income
households, as defined in Section 3 of the Illinois
Affordable Housing Act, shall be that of the then
current owner of the property. For ownership units,
the guidelines will provide, at a minimum, for a
reasonable recapture of funds, or other appropriate
methods designed to preserve the original
affordability of the ownership units. For rental
units, the guidelines will provide, at a minimum, for
the affordability of rent to low and very low-income

SB1797 - 180 - LRB103 03433 AMQ 48439 b
households. As units become available, they shall be
rented to income-eligible tenants. The municipality
may modify these guidelines from time to time; the
guidelines, however, shall be in effect for as long as
tax increment revenue is being used to pay for costs
associated with the units or for the retirement of
bonds issued to finance the units or for the life of
the redevelopment project area, whichever is later;
(11.5) If the redevelopment project area is located
within a municipality with a population of more than
100,000, the cost of child day care services for children
of employees from low-income families working for
businesses located within the redevelopment project area
and all or a portion of the cost of operation of child day
care centers established by redevelopment project area
businesses to serve employees from low-income families
working in businesses located in the redevelopment project
area. For the purposes of this paragraph, "low-income
families" means families whose annual income does not
exceed 80% of the municipal, county, or regional median
income, adjusted for family size, as the annual income and
municipal, county, or regional median income are
determined from time to time by the United States
Department of Housing and Urban Development.
(12) Costs relating to the development of urban
agricultural areas under Division 15.2 of the Illinois

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Municipal Code.
Unless explicitly stated herein the cost of construction
of new privately-owned buildings shall not be an eligible
redevelopment project cost.
After November 1, 1999 (the effective date of Public Act
91-478), none of the redevelopment project costs enumerated in
this subsection shall be eligible redevelopment project costs
if those costs would provide direct financial support to a
retail entity initiating operations in the redevelopment
project area while terminating operations at another Illinois
location within 10 miles of the redevelopment project area but
outside the boundaries of the redevelopment project area
municipality. For purposes of this paragraph, termination
means a closing of a retail operation that is directly related
to the opening of the same operation or like retail entity
owned or operated by more than 50% of the original ownership in
a redevelopment project area, but it does not mean closing an
operation for reasons beyond the control of the retail entity,
as documented by the retail entity, subject to a reasonable
finding by the municipality that the current location
contained inadequate space, had become economically obsolete,
or was no longer a viable location for the retailer or
serviceman.
No cost shall be a redevelopment project cost in a
redevelopment project area if used to demolish, remove, or
substantially modify a historic resource, after August 26,

SB1797 - 182 - LRB103 03433 AMQ 48439 b
2008 (the effective date of Public Act 95-934), unless no
prudent and feasible alternative exists. "Historic resource"
for the purpose of this paragraph means (i) a place or
structure that is included or eligible for inclusion on the
National Register of Historic Places or (ii) a contributing
structure in a district on the National Register of Historic
Places. This paragraph does not apply to a place or structure
for which demolition, removal, or modification is subject to
review by the preservation agency of a Certified Local
Government designated as such by the National Park Service of
the United States Department of the Interior.
If a special service area has been established pursuant to
the Special Service Area Tax Act or Special Service Area Tax
Law, then any tax increment revenues derived from the tax
imposed pursuant to the Special Service Area Tax Act or
Special Service Area Tax Law may be used within the
redevelopment project area for the purposes permitted by that
Act or Law as well as the purposes permitted by this Act.
(q-1) For redevelopment project areas created pursuant to
subsection (p-1), redevelopment project costs are limited to
those costs in paragraph (q) that are related to the existing
or proposed Regional Transportation Authority Suburban Transit
Access Route (STAR Line) station.
(q-2) For a transit facility improvement area established
prior to, on, or after the effective date of this amendatory
Act of the 102nd General Assembly: (i) "redevelopment project

SB1797 - 183 - LRB103 03433 AMQ 48439 b
costs" means those costs described in subsection (q) that are
related to the construction, reconstruction, rehabilitation,
remodeling, or repair of any existing or proposed transit
facility, whether that facility is located within or outside
the boundaries of a redevelopment project area established
within that transit facility improvement area (and, to the
extent a redevelopment project cost is described in subsection
(q) as incurred or estimated to be incurred with respect to a
redevelopment project area, then it shall apply with respect
to such transit facility improvement area); and (ii) the
provisions of Section 11-74.4-8 regarding tax increment
allocation financing for a redevelopment project area located
in a transit facility improvement area shall apply only to the
lots, blocks, tracts and parcels of real property that are
located within the boundaries of that redevelopment project
area and not to the lots, blocks, tracts, and parcels of real
property that are located outside the boundaries of that
redevelopment project area.
(r) "State Sales Tax Boundary" means the redevelopment
project area or the amended redevelopment project area
boundaries which are determined pursuant to subsection (9) of
Section 11-74.4-8a of this Act. The Department of Revenue
shall certify pursuant to subsection (9) of Section 11-74.4-8a
the appropriate boundaries eligible for the determination of
State Sales Tax Increment.
(s) "State Sales Tax Increment" means an amount equal to

SB1797 - 184 - LRB103 03433 AMQ 48439 b
the increase in the aggregate amount of taxes paid by
retailers and servicemen, other than retailers and servicemen
subject to the Public Utilities Act, on transactions at places
of business located within a State Sales Tax Boundary pursuant
to the Retailers' Occupation Tax Act, the Use Tax Act, the
Service Use Tax Act, and the Service Occupation Tax Act,
except such portion of such increase that is paid into the
State and Local Sales Tax Reform Fund, the Local Government
Distributive Fund, the Local Government Tax Fund and the
County and Mass Transit District Fund, for as long as State
participation exists, over and above the Initial Sales Tax
Amounts, Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts for such taxes as certified by the
Department of Revenue and paid under those Acts by retailers
and servicemen on transactions at places of business located
within the State Sales Tax Boundary during the base year which
shall be the calendar year immediately prior to the year in
which the municipality adopted tax increment allocation
financing, less 3.0% of such amounts generated under the
Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
Act and the Service Occupation Tax Act, which sum shall be
appropriated to the Department of Revenue to cover its costs
of administering and enforcing this Section. For purposes of
computing the aggregate amount of such taxes for base years
occurring prior to 1985, the Department of Revenue shall
compute the Initial Sales Tax Amount for such taxes and deduct

SB1797 - 185 - LRB103 03433 AMQ 48439 b
therefrom an amount equal to 4% of the aggregate amount of
taxes per year for each year the base year is prior to 1985,
but not to exceed a total deduction of 12%. The amount so
determined shall be known as the "Adjusted Initial Sales Tax
Amount". For purposes of determining the State Sales Tax
Increment the Department of Revenue shall for each period
subtract from the tax amounts received from retailers and
servicemen on transactions located in the State Sales Tax
Boundary, the certified Initial Sales Tax Amounts, Adjusted
Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
for the Retailers' Occupation Tax Act, the Use Tax Act, the
Service Use Tax Act and the Service Occupation Tax Act. For the
State Fiscal Year 1989 this calculation shall be made by
utilizing the calendar year 1987 to determine the tax amounts
received. For the State Fiscal Year 1990, this calculation
shall be made by utilizing the period from January 1, 1988,
until September 30, 1988, to determine the tax amounts
received from retailers and servicemen, which shall have
deducted therefrom nine-twelfths of the certified Initial
Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
Revised Initial Sales Tax Amounts as appropriate. For the
State Fiscal Year 1991, this calculation shall be made by
utilizing the period from October 1, 1988, until June 30,
1989, to determine the tax amounts received from retailers and
servicemen, which shall have deducted therefrom nine-twelfths
of the certified Initial State Sales Tax Amounts, Adjusted

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Initial Sales Tax Amounts or the Revised Initial Sales Tax
Amounts as appropriate. For every State Fiscal Year
thereafter, the applicable period shall be the 12 months
beginning July 1 and ending on June 30, to determine the tax
amounts received which shall have deducted therefrom the
certified Initial Sales Tax Amounts, Adjusted Initial Sales
Tax Amounts or the Revised Initial Sales Tax Amounts.
Municipalities intending to receive a distribution of State
Sales Tax Increment must report a list of retailers to the
Department of Revenue by October 31, 1988 and by July 31, of
each year thereafter.
(t) "Taxing districts" means counties, townships, cities
and incorporated towns and villages, school, road, park,
sanitary, mosquito abatement, forest preserve, public health,
fire protection, river conservancy, tuberculosis sanitarium
and any other municipal corporations or districts with the
power to levy taxes.
(u) "Taxing districts' capital costs" means those costs of
taxing districts for capital improvements that are found by
the municipal corporate authorities to be necessary and
directly result from the redevelopment project.
(v) As used in subsection (a) of Section 11-74.4-3 of this
Act, "vacant land" means any parcel or combination of parcels
of real property without industrial, commercial, and
residential buildings which has not been used for commercial
agricultural purposes within 5 years prior to the designation

SB1797 - 187 - LRB103 03433 AMQ 48439 b
of the redevelopment project area, unless the parcel is
included in an industrial park conservation area or the parcel
has been subdivided; provided that if the parcel was part of a
larger tract that has been divided into 3 or more smaller
tracts that were accepted for recording during the period from
1950 to 1990, then the parcel shall be deemed to have been
subdivided, and all proceedings and actions of the
municipality taken in that connection with respect to any
previously approved or designated redevelopment project area
or amended redevelopment project area are hereby validated and
hereby declared to be legally sufficient for all purposes of
this Act. For purposes of this Section and only for land
subject to the subdivision requirements of the Plat Act, land
is subdivided when the original plat of the proposed
Redevelopment Project Area or relevant portion thereof has
been properly certified, acknowledged, approved, and recorded
or filed in accordance with the Plat Act and a preliminary
plat, if any, for any subsequent phases of the proposed
Redevelopment Project Area or relevant portion thereof has
been properly approved and filed in accordance with the
applicable ordinance of the municipality.
(w) "Annual Total Increment" means the sum of each
municipality's annual Net Sales Tax Increment and each
municipality's annual Net Utility Tax Increment. The ratio of
the Annual Total Increment of each municipality to the Annual
Total Increment for all municipalities, as most recently

SB1797 - 188 - LRB103 03433 AMQ 48439 b
calculated by the Department, shall determine the proportional
shares of the Illinois Tax Increment Fund to be distributed to
each municipality.
(x) "LEED certified" means any certification level of
construction elements by a qualified Leadership in Energy and
Environmental Design Accredited Professional as determined by
the U.S. Green Building Council.
(y) "Green Globes certified" means any certification level
of construction elements by a qualified Green Globes
Professional as determined by the Green Building Initiative.
(Source: P.A. 102-627, eff. 8-27-21.)
(65 ILCS 5/11-80-15) (from Ch. 24, par. 11-80-15)
Sec. 11-80-15. Street advertising; adult entertainment
advertising.
(a) The corporate authorities of each municipality may
license street advertising by means of billboards, sign
boards, and signs and may regulate the character and control
the location of billboards, sign boards, and signs upon vacant
property and upon buildings.
(b) The corporate authorities of each municipality may
further regulate the character and control the location of
adult entertainment advertising placed on billboards, sign
boards, and signs upon vacant property and upon buildings that
are within 1,000 feet of the property boundaries of schools,
child day care centers, cemeteries, public parks, and places

SB1797 - 189 - LRB103 03433 AMQ 48439 b
of religious worship.
For the purposes of this subsection, "adult entertainment"
means entertainment provided by an adult bookstore, striptease
club, or pornographic movie theater whose business is the
commercial sale, dissemination, or distribution of sexually
explicit materials, shows, or other exhibitions.
(Source: P.A. 89-605, eff. 8-2-96.)
Section 90. The River Edge Redevelopment Zone Act is
amended by changing Section 10-8 as follows:
(65 ILCS 115/10-8)
Sec. 10-8. Zone Administration. The administration of a
River Edge Redevelopment Zone shall be under the jurisdiction
of the designating municipality. Each designating municipality
shall, by ordinance, designate a Zone Administrator for the
certified zones within its jurisdiction. A Zone Administrator
must be an officer or employee of the municipality. The Zone
Administrator shall be the liaison between the designating
municipality, the Department, and any designated zone
organizations within zones under his or her jurisdiction.
A designating municipality may designate one or more
organizations to be a designated zone organization, as defined
under Section 10-3. The municipality, may, by ordinance,
delegate functions within a River Edge Redevelopment Zone to
one or more designated zone organizations in such zones.

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Subject to the necessary governmental authorizations,
designated zone organizations may, in coordination with the
municipality, provide or contract for provision of public
services including, but not limited to:
(1) crime-watch patrols within zone neighborhoods;
(2) volunteer child care day-care centers;
(3) recreational activities for zone-area youth;
(4) garbage collection;
(5) street maintenance and improvements;
(6) bridge maintenance and improvements;
(7) maintenance and improvement of water and sewer
lines;
(8) energy conservation projects;
(9) health and clinic services;
(10) drug abuse programs;
(11) senior citizen assistance programs;
(12) park maintenance;
(13) rehabilitation, renovation, and operation and
maintenance of low and moderate income housing; and
(14) other types of public services as provided by law
or regulation.
(Source: P.A. 94-1021, eff. 7-12-06.)
Section 95. The School Code is amended by changing
Sections 2-3.66, 10-22.18b, 10-22.18c, and 34-18.4 as follows:

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(105 ILCS 5/2-3.66) (from Ch. 122, par. 2-3.66)
Sec. 2-3.66. Truants' alternative and optional education
programs. To establish projects to offer modified
instructional programs or other services designed to prevent
students from dropping out of school, including programs
pursuant to Section 2-3.41, and to serve as a part time or full
time option in lieu of regular school attendance and to award
grants to local school districts, educational service regions
or community college districts from appropriated funds to
assist districts in establishing such projects. The education
agency may operate its own program or enter into a contract
with another not-for-profit entity to implement the program.
The projects shall allow dropouts, up to and including age 21,
potential dropouts, including truants, uninvolved, unmotivated
and disaffected students, as defined by State Board of
Education rules and regulations, to enroll, as an alternative
to regular school attendance, in an optional education program
which may be established by school board policy and is in
conformance with rules adopted by the State Board of
Education. Truants' Alternative and Optional Education
programs funded pursuant to this Section shall be planned by a
student, the student's parents or legal guardians, unless the
student is 18 years or older, and school officials and shall
culminate in an individualized optional education plan. Such
plan shall focus on academic or vocational skills, or both,
and may include, but not be limited to, evening school, summer

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school, community college courses, adult education,
preparation courses for high school equivalency testing,
vocational training, work experience, programs to enhance self
concept and parenting courses. School districts which are
awarded grants pursuant to this Section shall be authorized to
provide child day care services to children of students who
are eligible and desire to enroll in programs established and
funded under this Section, but only if and to the extent that
such child day care is necessary to enable those eligible
students to attend and participate in the programs and courses
which are conducted pursuant to this Section. School districts
and regional offices of education may claim general State aid
under Section 18-8.05 or evidence-based funding under Section
18-8.15 for students enrolled in truants' alternative and
optional education programs, provided that such students are
receiving services that are supplemental to a program leading
to a high school diploma and are otherwise eligible to be
claimed for general State aid under Section 18-8.05 or
evidence-based funding under Section 18-8.15, as applicable.
(Source: P.A. 100-465, eff. 8-31-17.)
(105 ILCS 5/10-22.18b) (from Ch. 122, par. 10-22.18b)
Sec. 10-22.18b. Before and after school programs. To
develop and maintain before school and after school programs
for students in kindergarten through the 6th grade. Such
programs may include time for homework, physical exercise,

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afternoon nutritional snacks and educational offerings which
are in addition to those offered during the regular school
day. The chief administrator in each district shall be a
certified teacher or a person who meets the requirements for
supervising a child day care center under the Child Care Act of
1969. Individual programs shall be coordinated by certified
teachers or by persons who meet the requirements for
supervising a child day care center under the Child Care Act of
1969. Additional employees who are not so qualified may also
be employed for such programs.
The schedule of these programs may follow the work
calendar of the local community rather than the regular school
calendar. Parents or guardians of the participating students
shall be responsible for providing transportation for the
students to and from the programs. The school board may charge
parents of participating students a fee, not to exceed the
actual cost of such before and after school programs.
(Source: P.A. 83-639.)
(105 ILCS 5/10-22.18c) (from Ch. 122, par. 10-22.18c)
Sec. 10-22.18c. Model child day care services program.
Local school districts may establish, in cooperation with the
State Board of Education, a model program for the provision of
child day care services in a school. The program shall be
administered by the local school district and shall be funded
from monies available from private and public sources. Student

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parents shall not be charged a fee for the child day care
services; school personnel also may utilize the services, but
shall be charged a fee. The program shall be supervised by a
trained child care professional who is qualified to teach
students parenting skills. As part of the program, the school
shall offer a course in child behavior in which students shall
receive course credits for helping to care for the children in
the program while learning parenting skills. The State Board
of Education shall evaluate the programs' effectiveness in
reducing school absenteeism and dropouts among teenage parents
and shall report to the General Assembly concerning its
findings after the program has been in operation for 2 years.
(Source: P.A. 85-769.)
(105 ILCS 5/34-18.4) (from Ch. 122, par. 34-18.4)
Sec. 34-18.4. Before and after school programs. The Board
of Education may develop and maintain before school and after
school programs for students in kindergarten through the 6th
grade. Such programs may include time for homework, physical
exercise, afternoon nutritional snacks and educational
offerings which are in addition to those offered during the
regular school day. The chief administrator in each district
shall be a certified teacher or a person who meets the
requirements for supervising a child day care center under the
Child Care Act of 1969. Individual programs shall be
coordinated by certified teachers or by persons who meet the

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requirements for supervising a child day care center under the
Child Care Act of 1969. Additional employees who are not so
qualified may also be employed for such programs.
The schedule of these programs may follow the work
calendar of the local community rather than the regular school
calendar. Parents or guardians of the participating students
shall be responsible for providing transportation for the
students to and from the programs. The school board may charge
parents of participating students a fee, not to exceed the
actual cost of such before and after school programs.
(Source: P.A. 83-639.)
Section 100. The Illinois School Student Records Act is
amended by changing Section 2 as follows:
(105 ILCS 10/2) (from Ch. 122, par. 50-2)
(Text of Section before amendment by P.A. 102-466)
Sec. 2. As used in this Act:
(a) "Student" means any person enrolled or previously
enrolled in a school.
(b) "School" means any public preschool, child day care
center, kindergarten, nursery, elementary or secondary
educational institution, vocational school, special
educational facility or any other elementary or secondary
educational agency or institution and any person, agency or
institution which maintains school student records from more

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than one school, but does not include a private or non-public
school.
(c) "State Board" means the State Board of Education.
(d) "School Student Record" means any writing or other
recorded information concerning a student and by which a
student may be individually identified, maintained by a school
or at its direction or by an employee of a school, regardless
of how or where the information is stored. The following shall
not be deemed school student records under this Act: writings
or other recorded information maintained by an employee of a
school or other person at the direction of a school for his or
her exclusive use; provided that all such writings and other
recorded information are destroyed not later than the
student's graduation or permanent withdrawal from the school;
and provided further that no such records or recorded
information may be released or disclosed to any person except
a person designated by the school as a substitute unless they
are first incorporated in a school student record and made
subject to all of the provisions of this Act. School student
records shall not include information maintained by law
enforcement professionals working in the school.
(e) "Student Permanent Record" means the minimum personal
information necessary to a school in the education of the
student and contained in a school student record. Such
information may include the student's name, birth date,
address, grades and grade level, parents' names and addresses,

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attendance records, and such other entries as the State Board
may require or authorize.
(f) "Student Temporary Record" means all information
contained in a school student record but not contained in the
student permanent record. Such information may include family
background information, intelligence test scores, aptitude
test scores, psychological and personality test results,
teacher evaluations, and other information of clear relevance
to the education of the student, all subject to regulations of
the State Board. The information shall include information
provided under Section 8.6 of the Abused and Neglected Child
Reporting Act and information contained in service logs
maintained by a local education agency under subsection (d) of
Section 14-8.02f of the School Code. In addition, the student
temporary record shall include information regarding serious
disciplinary infractions that resulted in expulsion,
suspension, or the imposition of punishment or sanction. For
purposes of this provision, serious disciplinary infractions
means: infractions involving drugs, weapons, or bodily harm to
another.
(g) "Parent" means a person who is the natural parent of
the student or other person who has the primary responsibility
for the care and upbringing of the student. All rights and
privileges accorded to a parent under this Act shall become
exclusively those of the student upon his 18th birthday,
graduation from secondary school, marriage or entry into

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military service, whichever occurs first. Such rights and
privileges may also be exercised by the student at any time
with respect to the student's permanent school record.
(h) "Department" means the Department of Children and
Family Services.
(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 102-466)
Sec. 2. As used in this Act:
(a) "Student" means any person enrolled or previously
enrolled in a school.
(b) "School" means any public preschool, child day care
center, kindergarten, nursery, elementary or secondary
educational institution, vocational school, special
educational facility or any other elementary or secondary
educational agency or institution and any person, agency or
institution which maintains school student records from more
than one school, but does not include a private or non-public
school.
(c) "State Board" means the State Board of Education.
(d) "School Student Record" means any writing or other
recorded information concerning a student and by which a
student may be individually identified, maintained by a school
or at its direction or by an employee of a school, regardless
of how or where the information is stored. The following shall

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not be deemed school student records under this Act: writings
or other recorded information maintained by an employee of a
school or other person at the direction of a school for his or
her exclusive use; provided that all such writings and other
recorded information are destroyed not later than the
student's graduation or permanent withdrawal from the school;
and provided further that no such records or recorded
information may be released or disclosed to any person except
a person designated by the school as a substitute unless they
are first incorporated in a school student record and made
subject to all of the provisions of this Act. School student
records shall not include information maintained by law
enforcement professionals working in the school.
(e) "Student Permanent Record" means the minimum personal
information necessary to a school in the education of the
student and contained in a school student record. Such
information may include the student's name, birth date,
address, grades and grade level, parents' names and addresses,
attendance records, and such other entries as the State Board
may require or authorize.
(f) "Student Temporary Record" means all information
contained in a school student record but not contained in the
student permanent record. Such information may include family
background information, intelligence test scores, aptitude
test scores, psychological and personality test results,
teacher evaluations, and other information of clear relevance

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to the education of the student, all subject to regulations of
the State Board. The information shall include all of the
following:
(1) Information provided under Section 8.6 of the
Abused and Neglected Child Reporting Act and information
contained in service logs maintained by a local education
agency under subsection (d) of Section 14-8.02f of the
School Code.
(2) Information regarding serious disciplinary
infractions that resulted in expulsion, suspension, or the
imposition of punishment or sanction. For purposes of this
provision, serious disciplinary infractions means:
infractions involving drugs, weapons, or bodily harm to
another.
(3) Information concerning a student's status and
related experiences as a parent, expectant parent, or
victim of domestic or sexual violence, as defined in
Article 26A of the School Code, including a statement of
the student or any other documentation, record, or
corroborating evidence and the fact that the student has
requested or obtained assistance, support, or services
related to that status. Enforcement of this paragraph (3)
shall follow the procedures provided in Section 26A-40 of
the School Code.
(g) "Parent" means a person who is the natural parent of
the student or other person who has the primary responsibility

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for the care and upbringing of the student. All rights and
privileges accorded to a parent under this Act shall become
exclusively those of the student upon his 18th birthday,
graduation from secondary school, marriage or entry into
military service, whichever occurs first. Such rights and
privileges may also be exercised by the student at any time
with respect to the student's permanent school record.
(h) "Department" means the Department of Children and
Family Services.
(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff.
5-13-22.)
Section 105. The University of Illinois Act is amended by
changing Section 1d as follows:
(110 ILCS 305/1d) (from Ch. 144, par. 22d)
Sec. 1d. Child care services.
(a) For the purposes of this Section, "child care
services" means child day care home or center services as
defined by the Child Care Act of 1969.
(b) The Board may contract for the provision of child care
services for its employees. The Board may, in accordance with
established rules, allow child day care centers to operate in
State-owned or leased facilities. Such child day care centers
shall be primarily for use by State employees of the

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university but use by non-employees may be allowed.
Where the Board enters into a contract to construct,
acquire or lease all or a substantial portion of a building, in
which more than 50 persons shall be employed, other than a
renewal of an existing lease, after July 1, 1992, and where a
need has been demonstrated, according to subsection (c),
on-site child care services shall be provided for employees of
the university.
The Board shall implement this Section and shall
promulgate all rules and regulations necessary for this
purpose. By April 1, 1993, the Board shall propose rules
setting forth the standards and criteria, including need and
feasibility, for determining if on-site child care services
shall be provided. The Board shall consult with the Department
of Children and Family Services in defining standards for
child care service centers established pursuant to this
Section to ensure compliance with the Child Care Act of 1969.
The Board shall establish a schedule of fees that shall be
charged for child care services under this Section. The
schedule shall be established so that charges for service are
based on the actual cost of care. Except as otherwise provided
by law for employees who may qualify for public assistance or
social services due to indigency or family circumstance, each
employee obtaining child care services under this Section
shall be responsible for full payment of all charges. The
Board shall report, on or before December 31, 1993, to the

SB1797 - 203 - LRB103 03433 AMQ 48439 b
Governor and the members of the General Assembly, on the
feasibility and implementation of a plan for the provision of
comprehensive child care services.
(c) Prior to contracting for child care services, the
Board shall determine a need for child care services. Proof of
need may include a survey of university employees as well as a
determination of the availability of child care services
through other State agencies, or in the community. The Board
may also require submission of a feasibility, design and
implementation plan, that takes into consideration similar
needs and services of other State universities.
The Board shall have the sole responsibility for choosing
the successful bidder and overseeing the operation of its
child care service program within the guidelines established
by the Board. The Board shall promulgate rules under the
Illinois Administrative Procedure Act that detail the specific
standards to be used in the selection of a vendor of child care
services.
The contract shall provide for the establishment of or
arrangement for the use of a licensed child day care center or
a licensed child day care agency, as defined in the Child Care
Act of 1969.
(Source: P.A. 87-1019; 88-45.)
Section 110. The Southern Illinois University Management
Act is amended by changing Section 8b.1 as follows:

SB1797 - 204 - LRB103 03433 AMQ 48439 b
(110 ILCS 520/8b.1) (from Ch. 144, par. 658b.1)
Sec. 8b.1. Child care services.
(a) For the purposes of this Section, "child care
services" means child day care home or center services as
defined by the Child Care Act of 1969.
(b) The Board may contract for the provision of child care
services for its employees. The Board may, in accordance with
established rules, allow child day care centers to operate in
State-owned or leased facilities. Such child day care centers
shall be primarily for use by State employees of the
university but use by non-employees may be allowed.
Where the Board enters into a contract to construct,
acquire or lease all or a substantial portion of a building, in
which more than 50 persons shall be employed, other than a
renewal of an existing lease, after July 1, 1992, and where a
need has been demonstrated, according to subsection (c),
on-site child care services shall be provided for employees of
the university.
The Board shall implement this Section and shall
promulgate all rules and regulations necessary for this
purpose. By April 1, 1993, the Board shall propose rules
setting forth the standards and criteria, including need and
feasibility, for determining if on-site child care services
shall be provided. The Board shall consult with the Department
of Children and Family Services in defining standards for

SB1797 - 205 - LRB103 03433 AMQ 48439 b
child care service centers established pursuant to this
Section to ensure compliance with the Child Care Act of 1969.
The Board shall establish a schedule of fees that shall be
charged for child care services under this Section. The
schedule shall be established so that charges for service are
based on the actual cost of care. Except as otherwise provided
by law for employees who may qualify for public assistance or
social services due to indigency or family circumstance, each
employee obtaining child care services under this Section
shall be responsible for full payment of all charges. The
Board shall report, on or before December 31, 1993, to the
Governor and the members of the General Assembly, on the
feasibility and implementation of a plan for the provision of
comprehensive child care services.
(c) Prior to contracting for child care services, the
Board shall determine a need for child care services. Proof of
need may include a survey of university employees as well as a
determination of the availability of child care services
through other State agencies, or in the community. The Board
may also require submission of a feasibility, design and
implementation plan, that takes into consideration similar
needs and services of other State universities.
The Board shall have the sole responsibility for choosing
the successful bidder and overseeing the operation of its
child care service program within the guidelines established
by the Board. The Board shall promulgate rules under the

SB1797 - 206 - LRB103 03433 AMQ 48439 b
Illinois Administrative Procedure Act that detail the specific
standards to be used in the selection of a vendor of child care
services.
The contract shall provide for the establishment of or
arrangement for the use of a licensed child day care center or
a licensed child day care agency, as defined in the Child Care
Act of 1969.
(Source: P.A. 87-1019; 88-45.)
Section 115. The Chicago State University Law is amended
by changing Section 5-95 as follows:
(110 ILCS 660/5-95)
Sec. 5-95. Child care services.
(a) For the purposes of this Section, "child care
services" means child day care home or center services as
defined by the Child Care Act of 1969.
(b) The Board may contract for the provision of child care
services for its employees. The Board may, in accordance with
established rules, allow child day care centers to operate in
State-owned or leased facilities. Such child day care centers
shall be primarily for use by State employees of Chicago State
University but use by non-employees may be allowed.
Where the Board enters into a contract to construct,
acquire or lease all or a substantial portion of a building, in
which more than 50 persons shall be employed, other than a

SB1797 - 207 - LRB103 03433 AMQ 48439 b
renewal of an existing lease, and where a need has been
demonstrated, according to subsection (c), on-site child care
services shall be provided for employees of Chicago State
University.
The Board shall implement this Section and shall
promulgate all rules and regulations necessary for this
purpose. By September 1, 1996, the Board shall propose rules
setting forth the standards and criteria, including need and
feasibility, for determining if September child care services
shall be provided. The Board shall consult with the Department
of Children and Family Services in defining standards for
child care service centers established pursuant to this
Section to ensure compliance with the Child Care Act of 1969.
The Board shall establish a schedule of fees that shall be
charged for child care services under this Section. The
schedule shall be established so that charges for service are
based on the actual cost of care. Except as otherwise provided
by law for employees who may qualify for public assistance or
social services due to indigency or family circumstance, each
employee obtaining child care services under this Section
shall be responsible for full payment of all charges. The
Board shall report, on or before December 31, 1996, to the
Governor and the members of the General Assembly, on the
feasibility and implementation of a plan for the provision of
comprehensive child care services.
(c) Prior to contracting for child care services, the

SB1797 - 208 - LRB103 03433 AMQ 48439 b
Board shall determine a need for child care services. Proof of
need may include a survey of University employees as well as a
determination of the availability of child care services
through other State agencies, or in the community. The Board
may also require submission of a feasibility, design and
implementation plan that takes into consideration similar
needs and services of other State universities.
The Board shall have the sole responsibility for choosing
the successful bidder and overseeing the operation of its
child care service program within the guidelines established
by the Board. The Board shall promulgate rules under the
Illinois Administrative Procedure Act that detail the specific
standards to be used in the selection of a vendor of child care
services.
The contract shall provide for the establishment of or
arrangement for the use of a licensed child day care center or
a licensed child day care agency, as defined in the Child Care
Act of 1969.
(Source: P.A. 89-4, eff. 1-1-96.)
Section 120. The Eastern Illinois University Law is
amended by changing Section 10-95 as follows:
(110 ILCS 665/10-95)
Sec. 10-95. Child care services.
(a) For the purposes of this Section, "child care

SB1797 - 209 - LRB103 03433 AMQ 48439 b
services" means child day care home or center services as
defined by the Child Care Act of 1969.
(b) The Board may contract for the provision of child care
services for its employees. The Board may, in accordance with
established rules, allow child day care centers to operate in
State-owned or leased facilities. Such child day care centers
shall be primarily for use by State employees of Eastern
Illinois University but use by non-employees may be allowed.
Where the Board enters into a contract to construct,
acquire or lease all or a substantial portion of a building, in
which more than 50 persons shall be employed, other than a
renewal of an existing lease, and where a need has been
demonstrated, according to subsection (c), on-site child care
services shall be provided for employees of Eastern Illinois
University.
The Board shall implement this Section and shall
promulgate all rules and regulations necessary for this
purpose. By September 1, 1996 the Board shall propose rules
setting forth the standards and criteria, including need and
feasibility, for determining if September child care services
shall be provided. The Board shall consult with the Department
of Children and Family Services in defining standards for
child care service centers established pursuant to this
Section to ensure compliance with the Child Care Act of 1969.
The Board shall establish a schedule of fees that shall be
charged for child care services under this Section. The

SB1797 - 210 - LRB103 03433 AMQ 48439 b
schedule shall be established so that charges for service are
based on the actual cost of care. Except as otherwise provided
by law for employees who may qualify for public assistance or
social services due to indigency or family circumstance, each
employee obtaining child care services under this Section
shall be responsible for full payment of all charges. The
Board shall report, on or before December 31, 1996, to the
Governor and the members of the General Assembly, on the
feasibility and implementation of a plan for the provision of
comprehensive child care services.
(c) Prior to contracting for child care services, the
Board shall determine a need for child care services. Proof of
need may include a survey of University employees as well as a
determination of the availability of child care services
through other State agencies, or in the community. The Board
may also require submission of a feasibility, design and
implementation plan that takes into consideration similar
needs and services of other State universities.
The Board shall have the sole responsibility for choosing
the successful bidder and overseeing the operation of its
child care service program within the guidelines established
by the Board. The Board shall promulgate rules under the
Illinois Administrative Procedure Act that detail the specific
standards to be used in the selection of a vendor of child care
services.
The contract shall provide for the establishment of or

SB1797 - 211 - LRB103 03433 AMQ 48439 b
arrangement for the use of a licensed child day care center or
a licensed child day care agency, as defined in the Child Care
Act of 1969.
(Source: P.A. 89-4, eff. 1-1-96.)
Section 125. The Governors State University Law is amended
by changing Section 15-95 as follows:
(110 ILCS 670/15-95)
Sec. 15-95. Child care services.
(a) For the purposes of this Section, "child care
services" means child day care home or center services as
defined by the Child Care Act of 1969.
(b) The Board may contract for the provision of child care
services for its employees. The Board may, in accordance with
established rules, allow child day care centers to operate in
State-owned or leased facilities. Such child day care centers
shall be primarily for use by State employees of Governors
State University but use by non-employees may be allowed.
Where the Board enters into a contract to construct,
acquire or lease all or a substantial portion of a building, in
which more than 50 persons shall be employed, other than a
renewal of an existing lease, and where a need has been
demonstrated, according to subsection (c), on-site child care
services shall be provided for employees of Governors State
University.

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The Board shall implement this Section and shall
promulgate all rules and regulations necessary for this
purpose. By September 1, 1996, the Board shall propose rules
setting forth the standards and criteria, including need and
feasibility, for determining if September child care services
shall be provided. The Board shall consult with the Department
of Children and Family Services in defining standards for
child care service centers established pursuant to this
Section to ensure compliance with the Child Care Act of 1969.
The Board shall establish a schedule of fees that shall be
charged for child care services under this Section. The
schedule shall be established so that charges for service are
based on the actual cost of care. Except as otherwise provided
by law for employees who may qualify for public assistance or
social services due to indigency or family circumstance, each
employee obtaining child care services under this Section
shall be responsible for full payment of all charges. The
Board shall report, on or before December 31, 1996, to the
Governor and the members of the General Assembly, on the
feasibility and implementation of a plan for the provision of
comprehensive child care services.
(c) Prior to contracting for child care services, the
Board shall determine a need for child care services. Proof of
need may include a survey of University employees as well as a
determination of the availability of child care services
through other State agencies, or in the community. The Board

SB1797 - 213 - LRB103 03433 AMQ 48439 b
may also require submission of a feasibility, design and
implementation plan that takes into consideration similar
needs and services of other State universities.
The Board shall have the sole responsibility for choosing
the successful bidder and overseeing the operation of its
child care service program within the guidelines established
by the Board. The Board shall promulgate rules under the
Illinois Administrative Procedure Act that detail the specific
standards to be used in the selection of a vendor of child care
services.
The contract shall provide for the establishment of or
arrangement for the use of a licensed child day care center or
a licensed child day care agency, as defined in the Child Care
Act of 1969.
(Source: P.A. 89-4, eff. 1-1-96.)
Section 130. The Illinois State University Law is amended
by changing Section 20-95 as follows:
(110 ILCS 675/20-95)
Sec. 20-95. Child care services.
(a) For the purposes of this Section, "child care
services" means child day care home or center services as
defined by the Child Care Act of 1969.
(b) The Board may contract for the provision of child care
services for its employees. The Board may, in accordance with

SB1797 - 214 - LRB103 03433 AMQ 48439 b
established rules, allow child day care centers to operate in
State-owned or leased facilities. Such child day care centers
shall be primarily for use by State employees of Illinois
State University but use by non-employees may be allowed.
Where the Board enters into a contract to construct,
acquire or lease all or a substantial portion of a building, in
which more than 50 persons shall be employed, other than a
renewal of an existing lease, and where a need has been
demonstrated, according to subsection (c), on-site child care
services shall be provided for employees of Illinois State
University.
The Board shall implement this Section and shall
promulgate all rules and regulations necessary for this
purpose. By September 1, 1996, the Board shall propose rules
setting forth the standards and criteria, including need and
feasibility, for determining if September child care services
shall be provided. The Board shall consult with the Department
of Children and Family Services in defining standards for
child care service centers established pursuant to this
Section to ensure compliance with the Child Care Act of 1969.
The Board shall establish a schedule of fees that shall be
charged for child care services under this Section. The
schedule shall be established so that charges for service are
based on the actual cost of care. Except as otherwise provided
by law for employees who may qualify for public assistance or
social services due to indigency or family circumstance, each

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employee obtaining child care services under this Section
shall be responsible for full payment of all charges. The
Board shall report, on or before December 31, 1996, to the
Governor and the members of the General Assembly, on the
feasibility and implementation of a plan for the provision of
comprehensive child care services.
(c) Prior to contracting for child care services, the
Board shall determine a need for child care services. Proof of
need may include a survey of University employees as well as a
determination of the availability of child care services
through other State agencies, or in the community. The Board
may also require submission of a feasibility, design and
implementation plan that takes into consideration similar
needs and services of other State universities.
The Board shall have the sole responsibility for choosing
the successful bidder and overseeing the operation of its
child care service program within the guidelines established
by the Board. The Board shall promulgate rules under the
Illinois Administrative Procedure Act that detail the specific
standards to be used in the selection of a vendor of child care
services.
The contract shall provide for the establishment of or
arrangement for the use of a licensed child day care center or
a licensed child day care agency, as defined in the Child Care
Act of 1969.
(Source: P.A. 89-4, eff. 1-1-96.)

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Section 135. The Northeastern Illinois University Law is
amended by changing Section 25-95 as follows:
(110 ILCS 680/25-95)
Sec. 25-95. Child care services.
(a) For the purposes of this Section, "child care
services" means child day care home or center services as
defined by the Child Care Act of 1969.
(b) The Board may contract for the provision of child care
services for its employees. The Board may, in accordance with
established rules, allow child day care centers to operate in
State-owned or leased facilities. Such child day care centers
shall be primarily for use by State employees of Northeastern
Illinois University but use by non-employees may be allowed.
Where the Board enters into a contract to construct,
acquire or lease all or a substantial portion of a building, in
which more than 50 persons shall be employed, other than a
renewal of an existing lease, and where a need has been
demonstrated, according to subsection (c), on-site child care
services shall be provided for employees of Northeastern
Illinois University.
The Board shall implement this Section and shall
promulgate all rules and regulations necessary for this
purpose. By September 1, 1996, the Board shall propose rules
setting forth the standards and criteria, including need and

SB1797 - 217 - LRB103 03433 AMQ 48439 b
feasibility, for determining if September child care services
shall be provided. The Board shall consult with the Department
of Children and Family Services in defining standards for
child care service centers established pursuant to this
Section to ensure compliance with the Child Care Act of 1969.
The Board shall establish a schedule of fees that shall be
charged for child care services under this Section. The
schedule shall be established so that charges for service are
based on the actual cost of care. Except as otherwise provided
by law for employees who may qualify for public assistance or
social services due to indigency or family circumstance, each
employee obtaining child care services under this Section
shall be responsible for full payment of all charges. The
Board shall report, on or before December 31, 1996, to the
Governor and the members of the General Assembly, on the
feasibility and implementation of a plan for the provision of
comprehensive child care services.
(c) Prior to contracting for child care services, the
Board shall determine a need for child care services. Proof of
need may include a survey of University employees as well as a
determination of the availability of child care services
through other State agencies, or in the community. The Board
may also require submission of a feasibility, design and
implementation plan that takes into consideration similar
needs and services of other State universities.
The Board shall have the sole responsibility for choosing

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the successful bidder and overseeing the operation of its
child care service program within the guidelines established
by the Board. The Board shall promulgate rules under the
Illinois Administrative Procedure Act that detail the specific
standards to be used in the selection of a vendor of child care
services.
The contract shall provide for the establishment of or
arrangement for the use of a licensed child day care center or
a licensed child day care agency, as defined in the Child Care
Act of 1969.
(Source: P.A. 89-4, eff. 1-1-96.)
Section 140. The Northern Illinois University Law is
amended by changing Section 30-95 as follows:
(110 ILCS 685/30-95)
Sec. 30-95. Child care services.
(a) For the purposes of this Section, "child care
services" means child day care home or center services as
defined by the Child Care Act of 1969.
(b) The Board may contract for the provision of child care
services for its employees. The Board may, in accordance with
established rules, allow child day care centers to operate in
State-owned or leased facilities. Such child day care centers
shall be primarily for use by State employees of Northern
Illinois University but use by non-employees may be allowed.

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Where the Board enters into a contract to construct,
acquire or lease all or a substantial portion of a building, in
which more than 50 persons shall be employed, other than a
renewal of an existing lease, and where a need has been
demonstrated, according to subsection (c), on-site child care
services shall be provided for employees of Northern Illinois
University.
The Board shall implement this Section and shall
promulgate all rules and regulations necessary for this
purpose. By September 1, 1996, the Board shall propose rules
setting forth the standards and criteria, including need and
feasibility, for determining if September child care services
shall be provided. The Board shall consult with the Department
of Children and Family Services in defining standards for
child care service centers established pursuant to this
Section to ensure compliance with the Child Care Act of 1969.
The Board shall establish a schedule of fees that shall be
charged for child care services under this Section. The
schedule shall be established so that charges for service are
based on the actual cost of care. Except as otherwise provided
by law for employees who may qualify for public assistance or
social services due to indigency or family circumstance, each
employee obtaining child care services under this Section
shall be responsible for full payment of all charges. The
Board shall report, on or before December 31, 1996, to the
Governor and the members of the General Assembly, on the

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feasibility and implementation of a plan for the provision of
comprehensive child care services.
(c) Prior to contracting for child care services, the
Board shall determine a need for child care services. Proof of
need may include a survey of University employees as well as a
determination of the availability of child care services
through other State agencies, or in the community. The Board
may also require submission of a feasibility, design and
implementation plan that takes into consideration similar
needs and services of other State universities.
The Board shall have the sole responsibility for choosing
the successful bidder and overseeing the operation of its
child care service program within the guidelines established
by the Board. The Board shall promulgate rules under the
Illinois Administrative Procedure Act that detail the specific
standards to be used in the selection of a vendor of child care
services.
The contract shall provide for the establishment of or
arrangement for the use of a licensed child day care center or
a licensed child day care agency, as defined in the Child Care
Act of 1969.
(Source: P.A. 89-4, eff. 1-1-96.)
Section 145. The Western Illinois University Law is
amended by changing Section 35-95 as follows:

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(110 ILCS 690/35-95)
Sec. 35-95. Child care services.
(a) For the purposes of this Section, "child care
services" means child day care home or center services as
defined by the Child Care Act of 1969.
(b) The Board may contract for the provision of child care
services for its employees. The Board may, in accordance with
established rules, allow child day care centers to operate in
State-owned or leased facilities. Such child day care centers
shall be primarily for use by State employees of Western
Illinois University but use by non-employees may be allowed.
Where the Board enters into a contract to construct,
acquire or lease all or a substantial portion of a building, in
which more than 50 persons shall be employed, other than a
renewal of an existing lease, and where a need has been
demonstrated, according to subsection (c), on-site child care
services shall be provided for employees of Western Illinois
University.
The Board shall implement this Section and shall
promulgate all rules and regulations necessary for this
purpose. By September 1, 1996, the Board shall propose rules
setting forth the standards and criteria, including need and
feasibility, for determining if September child care services
shall be provided. The Board shall consult with the Department
of Children and Family Services in defining standards for
child care service centers established pursuant to this

SB1797 - 222 - LRB103 03433 AMQ 48439 b
Section to ensure compliance with the Child Care Act of 1969.
The Board shall establish a schedule of fees that shall be
charged for child care services under this Section. The
schedule shall be established so that charges for service are
based on the actual cost of care. Except as otherwise provided
by law for employees who may qualify for public assistance or
social services due to indigency or family circumstance, each
employee obtaining child care services under this Section
shall be responsible for full payment of all charges. The
Board shall report, on or before December 31, 1996, to the
Governor and the members of the General Assembly, on the
feasibility and implementation of a plan for the provision of
comprehensive child care services.
(c) Prior to contracting for child care services, the
Board shall determine a need for child care services. Proof of
need may include a survey of University employees as well as a
determination of the availability of child care services
through other State agencies, or in the community. The Board
may also require submission of a feasibility, design and
implementation plan that takes into consideration similar
needs and services of other State universities.
The Board shall have the sole responsibility for choosing
the successful bidder and overseeing the operation of its
child care service program within the guidelines established
by the Board. The Board shall promulgate rules under the
Illinois Administrative Procedure Act that detail the specific

SB1797 - 223 - LRB103 03433 AMQ 48439 b
standards to be used in the selection of a vendor of child care
services.
The contract shall provide for the establishment of or
arrangement for the use of a licensed child day care center or
a licensed child day care agency, as defined in the Child Care
Act of 1969.
(Source: P.A. 89-4, eff. 1-1-96.)
Section 150. The Alternative Health Care Delivery Act is
amended by changing Section 35 as follows:
(210 ILCS 3/35)
Sec. 35. Alternative health care models authorized.
Notwithstanding any other law to the contrary, alternative
health care models described in this Section may be
established on a demonstration basis.
(1) (Blank).
(2) Alternative health care delivery model;
postsurgical recovery care center. A postsurgical recovery
care center is a designated site which provides
postsurgical recovery care for generally healthy patients
undergoing surgical procedures that potentially require
overnight nursing care, pain control, or observation that
would otherwise be provided in an inpatient setting.
Patients may be discharged from the postsurgical recovery
care center in less than 24 hours if the attending

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physician or the facility's medical director believes the
patient has recovered enough to be discharged. A
postsurgical recovery care center is either freestanding
or a defined unit of an ambulatory surgical treatment
center or hospital. No facility, or portion of a facility,
may participate in a demonstration program as a
postsurgical recovery care center unless the facility has
been licensed as an ambulatory surgical treatment center
or hospital for at least 2 years before August 20, 1993
(the effective date of Public Act 88-441). The maximum
length of stay for patients in a postsurgical recovery
care center is not to exceed 48 hours unless the treating
physician requests an extension of time from the recovery
center's medical director on the basis of medical or
clinical documentation that an additional care period is
required for the recovery of a patient and the medical
director approves the extension of time. In no case,
however, shall a patient's length of stay in a
postsurgical recovery care center be longer than 72 hours.
If a patient requires an additional care period after the
expiration of the 72-hour limit, the patient shall be
transferred to an appropriate facility. Reports on
variances from the 24-hour or 48-hour limit shall be sent
to the Department for its evaluation. The reports shall,
before submission to the Department, have removed from
them all patient and physician identifiers. Blood products

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may be administered in the postsurgical recovery care
center model. In order to handle cases of complications,
emergencies, or exigent circumstances, every postsurgical
recovery care center as defined in this paragraph shall
maintain a contractual relationship, including a transfer
agreement, with a general acute care hospital. A
postsurgical recovery care center shall be no larger than
20 beds. A postsurgical recovery care center shall be
located within 15 minutes travel time from the general
acute care hospital with which the center maintains a
contractual relationship, including a transfer agreement,
as required under this paragraph.
No postsurgical recovery care center shall
discriminate against any patient requiring treatment
because of the source of payment for services, including
Medicare and Medicaid recipients.
The Department shall adopt rules to implement the
provisions of Public Act 88-441 concerning postsurgical
recovery care centers within 9 months after August 20,
1993. Notwithstanding any other law to the contrary, a
postsurgical recovery care center model may provide sleep
laboratory or similar sleep studies in accordance with
applicable State and federal laws and regulations.
(3) Alternative health care delivery model; children's
community-based health care center. A children's
community-based health care center model is a designated

SB1797 - 226 - LRB103 03433 AMQ 48439 b
site that provides nursing care, clinical support
services, and therapies for a period of one to 14 days for
short-term stays and 120 days to facilitate transitions to
home or other appropriate settings for medically fragile
children, technology dependent children, and children with
special health care needs who are deemed clinically stable
by a physician and are younger than 22 years of age. This
care is to be provided in a home-like environment that
serves no more than 12 children at a time, except that a
children's community-based health care center in existence
on the effective date of this amendatory Act of the 100th
General Assembly that is located in Chicago on grade level
for Life Safety Code purposes may provide care to no more
than 16 children at a time. Children's community-based
health care center services must be available through the
model to all families, including those whose care is paid
for through the Department of Healthcare and Family
Services, the Department of Children and Family Services,
the Department of Human Services, and insurance companies
who cover home health care services or private duty
nursing care in the home.
Each children's community-based health care center
model location shall be physically separate and apart from
any other facility licensed by the Department of Public
Health under this or any other Act and shall provide the
following services: respite care, registered nursing or

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licensed practical nursing care, transitional care to
facilitate home placement or other appropriate settings
and reunite families, medical child day care, weekend
camps, and diagnostic studies typically done in the home
setting.
Coverage for the services provided by the Department
of Healthcare and Family Services under this paragraph (3)
is contingent upon federal waiver approval and is provided
only to Medicaid eligible clients participating in the
home and community based services waiver designated in
Section 1915(c) of the Social Security Act for medically
frail and technologically dependent children or children
in Department of Children and Family Services foster care
who receive home health benefits.
(4) Alternative health care delivery model; community
based residential rehabilitation center. A community-based
residential rehabilitation center model is a designated
site that provides rehabilitation or support, or both, for
persons who have experienced severe brain injury, who are
medically stable, and who no longer require acute
rehabilitative care or intense medical or nursing
services. The average length of stay in a community-based
residential rehabilitation center shall not exceed 4
months. As an integral part of the services provided,
individuals are housed in a supervised living setting
while having immediate access to the community. The

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residential rehabilitation center authorized by the
Department may have more than one residence included under
the license. A residence may be no larger than 12 beds and
shall be located as an integral part of the community. Day
treatment or individualized outpatient services shall be
provided for persons who reside in their own home.
Functional outcome goals shall be established for each
individual. Services shall include, but are not limited
to, case management, training and assistance with
activities of daily living, nursing consultation,
traditional therapies (physical, occupational, speech),
functional interventions in the residence and community
(job placement, shopping, banking, recreation),
counseling, self-management strategies, productive
activities, and multiple opportunities for skill
acquisition and practice throughout the day. The design of
individualized program plans shall be consistent with the
outcome goals that are established for each resident. The
programs provided in this setting shall be accredited by
the Commission on Accreditation of Rehabilitation
Facilities (CARF). The program shall have been accredited
by CARF as a Brain Injury Community-Integrative Program
for at least 3 years.
(5) Alternative health care delivery model;
Alzheimer's disease management center. An Alzheimer's
disease management center model is a designated site that

SB1797 - 229 - LRB103 03433 AMQ 48439 b
provides a safe and secure setting for care of persons
diagnosed with Alzheimer's disease. An Alzheimer's disease
management center model shall be a facility separate from
any other facility licensed by the Department of Public
Health under this or any other Act. An Alzheimer's disease
management center shall conduct and document an assessment
of each resident every 6 months. The assessment shall
include an evaluation of daily functioning, cognitive
status, other medical conditions, and behavioral problems.
An Alzheimer's disease management center shall develop and
implement an ongoing treatment plan for each resident. The
treatment plan shall have defined goals. The Alzheimer's
disease management center shall treat behavioral problems
and mood disorders using nonpharmacologic approaches such
as environmental modification, task simplification, and
other appropriate activities. All staff must have
necessary training to care for all stages of Alzheimer's
Disease. An Alzheimer's disease management center shall
provide education and support for residents and
caregivers. The education and support shall include
referrals to support organizations for educational
materials on community resources, support groups, legal
and financial issues, respite care, and future care needs
and options. The education and support shall also include
a discussion of the resident's need to make advance
directives and to identify surrogates for medical and

SB1797 - 230 - LRB103 03433 AMQ 48439 b
legal decision-making. The provisions of this paragraph
establish the minimum level of services that must be
provided by an Alzheimer's disease management center. An
Alzheimer's disease management center model shall have no
more than 100 residents. Nothing in this paragraph (5)
shall be construed as prohibiting a person or facility
from providing services and care to persons with
Alzheimer's disease as otherwise authorized under State
law.
(6) Alternative health care delivery model; birth
center. A birth center shall be exclusively dedicated to
serving the childbirth-related needs of women and their
newborns and shall have no more than 10 beds. A birth
center is a designated site that is away from the mother's
usual place of residence and in which births are planned
to occur following a normal, uncomplicated, and low-risk
pregnancy. A birth center shall offer prenatal care and
community education services and shall coordinate these
services with other health care services available in the
community.
(A) A birth center shall not be separately
licensed if it is one of the following:
(1) A part of a hospital; or
(2) A freestanding facility that is physically
distinct from a hospital but is operated under a
license issued to a hospital under the Hospital

SB1797 - 231 - LRB103 03433 AMQ 48439 b
Licensing Act.
(B) A separate birth center license shall be
required if the birth center is operated as:
(1) A part of the operation of a federally
qualified health center as designated by the
United States Department of Health and Human
Services; or
(2) A facility other than one described in
subparagraph (A)(1), (A)(2), or (B)(1) of this
paragraph (6) whose costs are reimbursable under
Title XIX of the federal Social Security Act.
In adopting rules for birth centers, the Department
shall consider: the American Association of Birth Centers'
Standards for Freestanding Birth Centers; the American
Academy of Pediatrics/American College of Obstetricians
and Gynecologists Guidelines for Perinatal Care; and the
Regionalized Perinatal Health Care Code. The Department's
rules shall stipulate the eligibility criteria for birth
center admission. The Department's rules shall stipulate
the necessary equipment for emergency care according to
the American Association of Birth Centers' standards and
any additional equipment deemed necessary by the
Department. The Department's rules shall provide for a
time period within which each birth center not part of a
hospital must become accredited by either the Commission
for the Accreditation of Freestanding Birth Centers or The

SB1797 - 232 - LRB103 03433 AMQ 48439 b
Joint Commission.
A birth center shall be certified to participate in
the Medicare and Medicaid programs under Titles XVIII and
XIX, respectively, of the federal Social Security Act. To
the extent necessary, the Illinois Department of
Healthcare and Family Services shall apply for a waiver
from the United States Health Care Financing
Administration to allow birth centers to be reimbursed
under Title XIX of the federal Social Security Act.
A birth center that is not operated under a hospital
license shall be located within a ground travel time
distance from the general acute care hospital with which
the birth center maintains a contractual relationship,
including a transfer agreement, as required under this
paragraph, that allows for an emergency caesarian delivery
to be started within 30 minutes of the decision a
caesarian delivery is necessary. A birth center operating
under a hospital license shall be located within a ground
travel time distance from the licensed hospital that
allows for an emergency caesarian delivery to be started
within 30 minutes of the decision a caesarian delivery is
necessary.
The services of a medical director physician, licensed
to practice medicine in all its branches, who is certified
or eligible for certification by the American College of
Obstetricians and Gynecologists or the American Board of

SB1797 - 233 - LRB103 03433 AMQ 48439 b
Osteopathic Obstetricians and Gynecologists or has
hospital obstetrical privileges are required in birth
centers. The medical director in consultation with the
Director of Nursing and Midwifery Services shall
coordinate the clinical staff and overall provision of
patient care. The medical director or his or her physician
designee shall be available on the premises or within a
close proximity as defined by rule. The medical director
and the Director of Nursing and Midwifery Services shall
jointly develop and approve policies defining the criteria
to determine which pregnancies are accepted as normal,
uncomplicated, and low-risk, and the anesthesia services
available at the center. No general anesthesia may be
administered at the center.
If a birth center employs certified nurse midwives, a
certified nurse midwife shall be the Director of Nursing
and Midwifery Services who is responsible for the
development of policies and procedures for services as
provided by Department rules.
An obstetrician, family practitioner, or certified
nurse midwife shall attend each woman in labor from the
time of admission through birth and throughout the
immediate postpartum period. Attendance may be delegated
only to another physician or certified nurse midwife.
Additionally, a second staff person shall also be present
at each birth who is licensed or certified in Illinois in a

SB1797 - 234 - LRB103 03433 AMQ 48439 b
health-related field and under the supervision of the
physician or certified nurse midwife in attendance, has
specialized training in labor and delivery techniques and
care of newborns, and receives planned and ongoing
training as needed to perform assigned duties effectively.
The maximum length of stay in a birth center shall be
consistent with existing State laws allowing a 48-hour
stay or appropriate post-delivery care, if discharged
earlier than 48 hours.
A birth center shall participate in the Illinois
Perinatal System under the Developmental Disability
Prevention Act. At a minimum, this participation shall
require a birth center to establish a letter of agreement
with a hospital designated under the Perinatal System. A
hospital that operates or has a letter of agreement with a
birth center shall include the birth center under its
maternity service plan under the Hospital Licensing Act
and shall include the birth center in the hospital's
letter of agreement with its regional perinatal center.
A birth center may not discriminate against any
patient requiring treatment because of the source of
payment for services, including Medicare and Medicaid
recipients.
No general anesthesia and no surgery may be performed
at a birth center. The Department may by rule add birth
center patient eligibility criteria or standards as it

SB1797 - 235 - LRB103 03433 AMQ 48439 b
deems necessary. The Department shall by rule require each
birth center to report the information which the
Department shall make publicly available, which shall
include, but is not limited to, the following:
(i) Birth center ownership.
(ii) Sources of payment for services.
(iii) Utilization data involving patient length of
stay.
(iv) Admissions and discharges.
(v) Complications.
(vi) Transfers.
(vii) Unusual incidents.
(viii) Deaths.
(ix) Any other publicly reported data required
under the Illinois Consumer Guide.
(x) Post-discharge patient status data where
patients are followed for 14 days after discharge from
the birth center to determine whether the mother or
baby developed a complication or infection.
Within 9 months after the effective date of this
amendatory Act of the 95th General Assembly, the
Department shall adopt rules that are developed with
consideration of: the American Association of Birth
Centers' Standards for Freestanding Birth Centers; the
American Academy of Pediatrics/American College of
Obstetricians and Gynecologists Guidelines for Perinatal

SB1797 - 236 - LRB103 03433 AMQ 48439 b
Care; and the Regionalized Perinatal Health Care Code.
The Department shall adopt other rules as necessary to
implement the provisions of this amendatory Act of the
95th General Assembly within 9 months after the effective
date of this amendatory Act of the 95th General Assembly.
(Source: P.A. 100-518, eff. 12-8-17 (see Section 5 of P.A.
100-558 for the effective date of changes made by P.A.
100-518).)
Section 155. The MC/DD Act is amended by changing Section
1-114.001 as follows:
(210 ILCS 46/1-114.001)
Sec. 1-114.001. Habilitation. "Habilitation" means an
effort directed toward increasing a person's level of
physical, mental, social, or economic functioning.
Habilitation may include, but is not limited to, diagnosis,
evaluation, medical services, residential care, child day
care, special living arrangements, training, education,
employment services, protective services, and counseling.
(Source: P.A. 99-180, eff. 7-29-15.)
Section 160. The ID/DD Community Care Act is amended by
changing Section 1-114.001 as follows:
(210 ILCS 47/1-114.001)

SB1797 - 237 - LRB103 03433 AMQ 48439 b
Sec. 1-114.001. Habilitation. "Habilitation" means an
effort directed toward increasing a person's level of
physical, mental, social, or economic functioning.
Habilitation may include, but is not limited to, diagnosis,
evaluation, medical services, residential care, child day
care, special living arrangements, training, education,
employment services, protective services, and counseling.
(Source: P.A. 97-38, eff. 6-28-11.)
Section 165. The Hospital Licensing Act is amended by
changing Section 6.13 as follows:
(210 ILCS 85/6.13) (from Ch. 111 1/2, par. 147.13)
Sec. 6.13. Any hospital licensed under this Act may
provide a program or service for the temporary custodial care
of mildly ill children who, because of their illness, are
unable to attend school or to participate in their normal
child day care program. The Department shall develop minimum
standards, rules and regulations to govern the operation of a
sick child day program which is operated by a hospital and
located on the hospital's licensed premises. Any such
standards, rules and regulations shall provide that:
(a) a sick child day program may be located anywhere on the
hospital's licensed premises, including patient care units,
when the following conditions are met:
(1) Children in the sick child day program shall not

SB1797 - 238 - LRB103 03433 AMQ 48439 b
simultaneously occupy the same room as a hospital patient;
and
(2) Children in the sick child day program who are
recovering from non-contagious conditions shall be cared
for in a room separate from children registered in the
program who have contagious conditions.
(b) children registered in a sick child day program are
not considered to be hospital patients, and are not required
to be under the professional care of a member of the hospital's
medical staff except in those cases where emergency medical
treatment is needed during the time the child is on the program
premises; and
(c) medication may be administered to a child in a sick
child program when the following conditions are met:
(1) Prescription medications shall be labeled with the
child's name, directions for administering the medication,
the date, the physician's name, the prescription number,
and the dispensing drug store or pharmacy. Only current
prescription medications will be administered by the
program. Nothing in this paragraph (1) shall be construed
to prohibit program staff from administering medication
prescribed by any licensed professional who is permitted
by law to do so, whether or not the professional is a
member of the hospital's medical staff.
(2) Written parental permission shall be obtained
before non-prescription medication is administered. Such

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medication shall be administered in accordance with
package instructions.
(Source: P.A. 86-1461; 87-435.)
Section 170. The Illinois Insurance Code is amended by
changing Sections 155.31, 1204, and 1630 as follows:
(215 ILCS 5/155.31)
Sec. 155.31. Child Day care and group child day care
homes; coverage.
(a) No insurer providing insurance coverage, as defined in
subsection (b) of Section 143.13 of this Code, shall nonrenew
or cancel an insurance policy on a child day care home or group
child day care home, as defined in the Child Care Act of 1969,
solely on the basis that the insured operates a duly licensed
child day care home or group child day care home on the insured
premises.
(b) An insurer providing such insurance coverage to a
licensed child day care home or licensed group child day care
home may provide such coverage with a separate policy or
endorsement to a policy of fire and extended coverage
insurance, as defined in subsection (b) of Section 143.13.
(c) Notwithstanding subsections (a) and (b) of this
Section, the insurer providing such coverage shall be allowed
to cancel or nonrenew an insurance policy on a child day care
home or group child day care home based upon the authority

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provided under Sections 143.21 and 143.21.1 of this Code.
(Source: P.A. 90-401, eff. 1-1-98; 90-655, eff. 7-30-98.)
(215 ILCS 5/1204) (from Ch. 73, par. 1065.904)
(Text of Section WITH the changes made by P.A. 94-677,
which has been held unconstitutional)
Sec. 1204. (A) The Secretary shall promulgate rules and
regulations which shall require each insurer licensed to write
property or casualty insurance in the State and each syndicate
doing business on the Illinois Insurance Exchange to record
and report its loss and expense experience and other data as
may be necessary to assess the relationship of insurance
premiums and related income as compared to insurance costs and
expenses. The Secretary may designate one or more rate service
organizations or advisory organizations to gather and compile
such experience and data. The Secretary shall require each
insurer licensed to write property or casualty insurance in
this State and each syndicate doing business on the Illinois
Insurance Exchange to submit a report, on a form furnished by
the Secretary, showing its direct writings in this State and
companywide.
(B) Such report required by subsection (A) of this Section
may include, but not be limited to, the following specific
types of insurance written by such insurer:
(1) Political subdivision liability insurance reported
separately in the following categories:

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(a) municipalities;
(b) school districts;
(c) other political subdivisions;
(2) Public official liability insurance;
(3) Dram shop liability insurance;
(4) Child Day care center liability insurance;
(5) Labor, fraternal or religious organizations
liability insurance;
(6) Errors and omissions liability insurance;
(7) Officers and directors liability insurance
reported separately as follows:
(a) non-profit entities;
(b) for-profit entities;
(8) Products liability insurance;
(9) Medical malpractice insurance;
(10) Attorney malpractice insurance;
(11) Architects and engineers malpractice insurance;
and
(12) Motor vehicle insurance reported separately for
commercial and private passenger vehicles as follows:
(a) motor vehicle physical damage insurance;
(b) motor vehicle liability insurance.
(C) Such report may include, but need not be limited to the
following data, both specific to this State and companywide,
in the aggregate or by type of insurance for the previous year
on a calendar year basis:

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(1) Direct premiums written;
(2) Direct premiums earned;
(3) Number of policies;
(4) Net investment income, using appropriate estimates
where necessary;
(5) Losses paid;
(6) Losses incurred;
(7) Loss reserves:
(a) Losses unpaid on reported claims;
(b) Losses unpaid on incurred but not reported
claims;
(8) Number of claims:
(a) Paid claims;
(b) Arising claims;
(9) Loss adjustment expenses:
(a) Allocated loss adjustment expenses;
(b) Unallocated loss adjustment expenses;
(10) Net underwriting gain or loss;
(11) Net operation gain or loss, including net
investment income;
(12) Any other information requested by the Secretary.
(C-3) Additional information by an advisory organization
as defined in Section 463 of this Code.
(1) An advisory organization as defined in Section 463
of this Code shall report annually the following
information in such format as may be prescribed by the

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Secretary:
(a) paid and incurred losses for each of the past
10 years;
(b) medical payments and medical charges, if
collected, for each of the past 10 years;
(c) the following indemnity payment information:
cumulative payments by accident year by calendar year
of development. This array will show payments made and
frequency of claims in the following categories:
medical only, permanent partial disability (PPD),
permanent total disability (PTD), temporary total
disability (TTD), and fatalities;
(d) injuries by frequency and severity;
(e) by class of employee.
(2) The report filed with the Secretary of Financial
and Professional Regulation under paragraph (1) of this
subsection (C-3) shall be made available, on an aggregate
basis, to the General Assembly and to the general public.
The identity of the petitioner, the respondent, the
attorneys, and the insurers shall not be disclosed.
(3) Reports required under this subsection (C-3) shall
be filed with the Secretary no later than September 1 in
2006 and no later than September 1 of each year
thereafter.
(C-5) Additional information required from medical
malpractice insurers.

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(1) In addition to the other requirements of this
Section, the following information shall be included in
the report required by subsection (A) of this Section in
such form and under such terms and conditions as may be
prescribed by the Secretary:
(a) paid and incurred losses by county for each of
the past 10 policy years;
(b) earned exposures by ISO code, policy type, and
policy year by county for each of the past 10 years;
and
(c) the following actuarial information:
(i) Base class and territory equivalent
exposures by report year by relative accident
year.
(ii) Cumulative loss array by accident year by
calendar year of development. This array will show
frequency of claims in the following categories:
open, closed with indemnity (CWI), closed with
expense (CWE), and closed no pay (CNP); paid
severity in the following categories: indemnity
and allocated loss adjustment expenses (ALAE) on
closed claims; and indemnity and expense reserves
on pending claims.
(iii) Cumulative loss array by report year by
calendar year of development. This array will show
frequency of claims in the following categories:

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open, closed with indemnity (CWI), closed with
expense (CWE), and closed no pay (CNP); paid
severity in the following categories: indemnity
and allocated loss adjustment expenses (ALAE) on
closed claims; and indemnity and expense reserves
on pending claims.
(iv) Maturity year and tail factors.
(v) Any expense, contingency ddr (death,
disability, and retirement), commission, tax,
and/or off-balance factors.
(2) The following information must also be annually
provided to the Department:
(a) copies of the company's reserve and surplus
studies; and
(b) consulting actuarial report and data
supporting the company's rate filing.
(3) All information collected by the Secretary under
paragraphs (1) and (2) shall be made available, on a
company-by-company basis, to the General Assembly and the
general public. This provision shall supersede any other
provision of State law that may otherwise protect such
information from public disclosure as confidential.
(D) In addition to the information which may be requested
under subsection (C), the Secretary may also request on a
companywide, aggregate basis, Federal Income Tax recoverable,
net realized capital gain or loss, net unrealized capital gain

SB1797 - 246 - LRB103 03433 AMQ 48439 b
or loss, and all other expenses not requested in subsection
(C) above.
(E) Violations - Suspensions - Revocations.
(1) Any company or person subject to this Article, who
willfully or repeatedly fails to observe or who otherwise
violates any of the provisions of this Article or any rule
or regulation promulgated by the Secretary under authority
of this Article or any final order of the Secretary
entered under the authority of this Article shall by civil
penalty forfeit to the State of Illinois a sum not to
exceed $2,000. Each day during which a violation occurs
constitutes a separate offense.
(2) No forfeiture liability under paragraph (1) of
this subsection may attach unless a written notice of
apparent liability has been issued by the Secretary and
received by the respondent, or the Secretary sends written
notice of apparent liability by registered or certified
mail, return receipt requested, to the last known address
of the respondent. Any respondent so notified must be
granted an opportunity to request a hearing within 10 days
from receipt of notice, or to show in writing, why he
should not be held liable. A notice issued under this
Section must set forth the date, facts and nature of the
act or omission with which the respondent is charged and
must specifically identify the particular provision of
this Article, rule, regulation or order of which a

SB1797 - 247 - LRB103 03433 AMQ 48439 b
violation is charged.
(3) No forfeiture liability under paragraph (1) of
this subsection may attach for any violation occurring
more than 2 years prior to the date of issuance of the
notice of apparent liability and in no event may the total
civil penalty forfeiture imposed for the acts or omissions
set forth in any one notice of apparent liability exceed
$100,000.
(4) All administrative hearings conducted pursuant to
this Article are subject to 50 Ill. Adm. Code 2402 and all
administrative hearings are subject to the Administrative
Review Law.
(5) The civil penalty forfeitures provided for in this
Section are payable to the General Revenue Fund of the
State of Illinois, and may be recovered in a civil suit in
the name of the State of Illinois brought in the Circuit
Court in Sangamon County or in the Circuit Court of the
county where the respondent is domiciled or has its
principal operating office.
(6) In any case where the Secretary issues a notice of
apparent liability looking toward the imposition of a
civil penalty forfeiture under this Section that fact may
not be used in any other proceeding before the Secretary
to the prejudice of the respondent to whom the notice was
issued, unless (a) the civil penalty forfeiture has been
paid, or (b) a court has ordered payment of the civil

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penalty forfeiture and that order has become final.
(7) When any person or company has a license or
certificate of authority under this Code and knowingly
fails or refuses to comply with a lawful order of the
Secretary requiring compliance with this Article, entered
after notice and hearing, within the period of time
specified in the order, the Secretary may, in addition to
any other penalty or authority provided, revoke or refuse
to renew the license or certificate of authority of such
person or company, or may suspend the license or
certificate of authority of such person or company until
compliance with such order has been obtained.
(8) When any person or company has a license or
certificate of authority under this Code and knowingly
fails or refuses to comply with any provisions of this
Article, the Secretary may, after notice and hearing, in
addition to any other penalty provided, revoke or refuse
to renew the license or certificate of authority of such
person or company, or may suspend the license or
certificate of authority of such person or company, until
compliance with such provision of this Article has been
obtained.
(9) No suspension or revocation under this Section may
become effective until 5 days from the date that the
notice of suspension or revocation has been personally
delivered or delivered by registered or certified mail to

SB1797 - 249 - LRB103 03433 AMQ 48439 b
the company or person. A suspension or revocation under
this Section is stayed upon the filing, by the company or
person, of a petition for judicial review under the
Administrative Review Law.
(Source: P.A. 94-277, eff. 7-20-05; 94-677, eff. 8-25-05;
95-331, eff. 8-21-07.)
(Text of Section WITHOUT the changes made by P.A. 94-677,
which has been held unconstitutional)
Sec. 1204. (A) The Director shall promulgate rules and
regulations which shall require each insurer licensed to write
property or casualty insurance in the State and each syndicate
doing business on the Illinois Insurance Exchange to record
and report its loss and expense experience and other data as
may be necessary to assess the relationship of insurance
premiums and related income as compared to insurance costs and
expenses. The Director may designate one or more rate service
organizations or advisory organizations to gather and compile
such experience and data. The Director shall require each
insurer licensed to write property or casualty insurance in
this State and each syndicate doing business on the Illinois
Insurance Exchange to submit a report, on a form furnished by
the Director, showing its direct writings in this State and
companywide.
(B) Such report required by subsection (A) of this Section
may include, but not be limited to, the following specific

SB1797 - 250 - LRB103 03433 AMQ 48439 b
types of insurance written by such insurer:
(1) Political subdivision liability insurance reported
separately in the following categories:
(a) municipalities;
(b) school districts;
(c) other political subdivisions;
(2) Public official liability insurance;
(3) Dram shop liability insurance;
(4) Child Day care center liability insurance;
(5) Labor, fraternal or religious organizations
liability insurance;
(6) Errors and omissions liability insurance;
(7) Officers and directors liability insurance
reported separately as follows:
(a) non-profit entities;
(b) for-profit entities;
(8) Products liability insurance;
(9) Medical malpractice insurance;
(10) Attorney malpractice insurance;
(11) Architects and engineers malpractice insurance;
and
(12) Motor vehicle insurance reported separately for
commercial and private passenger vehicles as follows:
(a) motor vehicle physical damage insurance;
(b) motor vehicle liability insurance.
(C) Such report may include, but need not be limited to the

SB1797 - 251 - LRB103 03433 AMQ 48439 b
following data, both specific to this State and companywide,
in the aggregate or by type of insurance for the previous year
on a calendar year basis:
(1) Direct premiums written;
(2) Direct premiums earned;
(3) Number of policies;
(4) Net investment income, using appropriate estimates
where necessary;
(5) Losses paid;
(6) Losses incurred;
(7) Loss reserves:
(a) Losses unpaid on reported claims;
(b) Losses unpaid on incurred but not reported
claims;
(8) Number of claims:
(a) Paid claims;
(b) Arising claims;
(9) Loss adjustment expenses:
(a) Allocated loss adjustment expenses;
(b) Unallocated loss adjustment expenses;
(10) Net underwriting gain or loss;
(11) Net operation gain or loss, including net
investment income;
(12) Any other information requested by the Director.
(C-3) Additional information by an advisory organization
as defined in Section 463 of this Code.

SB1797 - 252 - LRB103 03433 AMQ 48439 b
(1) An advisory organization as defined in Section 463
of this Code shall report annually the following
information in such format as may be prescribed by the
Secretary:
(a) paid and incurred losses for each of the past
10 years;
(b) medical payments and medical charges, if
collected, for each of the past 10 years;
(c) the following indemnity payment information:
cumulative payments by accident year by calendar year
of development. This array will show payments made and
frequency of claims in the following categories:
medical only, permanent partial disability (PPD),
permanent total disability (PTD), temporary total
disability (TTD), and fatalities;
(d) injuries by frequency and severity;
(e) by class of employee.
(2) The report filed with the Secretary of Financial
and Professional Regulation under paragraph (1) of this
subsection (C-3) shall be made available, on an aggregate
basis, to the General Assembly and to the general public.
The identity of the petitioner, the respondent, the
attorneys, and the insurers shall not be disclosed.
(3) Reports required under this subsection (C-3) shall
be filed with the Secretary no later than September 1 in
2006 and no later than September 1 of each year

SB1797 - 253 - LRB103 03433 AMQ 48439 b
thereafter.
(D) In addition to the information which may be requested
under subsection (C), the Director may also request on a
companywide, aggregate basis, Federal Income Tax recoverable,
net realized capital gain or loss, net unrealized capital gain
or loss, and all other expenses not requested in subsection
(C) above.
(E) Violations - Suspensions - Revocations.
(1) Any company or person subject to this Article, who
willfully or repeatedly fails to observe or who otherwise
violates any of the provisions of this Article or any rule
or regulation promulgated by the Director under authority
of this Article or any final order of the Director entered
under the authority of this Article shall by civil penalty
forfeit to the State of Illinois a sum not to exceed
$2,000. Each day during which a violation occurs
constitutes a separate offense.
(2) No forfeiture liability under paragraph (1) of
this subsection may attach unless a written notice of
apparent liability has been issued by the Director and
received by the respondent, or the Director sends written
notice of apparent liability by registered or certified
mail, return receipt requested, to the last known address
of the respondent. Any respondent so notified must be
granted an opportunity to request a hearing within 10 days
from receipt of notice, or to show in writing, why he

SB1797 - 254 - LRB103 03433 AMQ 48439 b
should not be held liable. A notice issued under this
Section must set forth the date, facts and nature of the
act or omission with which the respondent is charged and
must specifically identify the particular provision of
this Article, rule, regulation or order of which a
violation is charged.
(3) No forfeiture liability under paragraph (1) of
this subsection may attach for any violation occurring
more than 2 years prior to the date of issuance of the
notice of apparent liability and in no event may the total
civil penalty forfeiture imposed for the acts or omissions
set forth in any one notice of apparent liability exceed
$100,000.
(4) All administrative hearings conducted pursuant to
this Article are subject to 50 Ill. Adm. Code 2402 and all
administrative hearings are subject to the Administrative
Review Law.
(5) The civil penalty forfeitures provided for in this
Section are payable to the General Revenue Fund of the
State of Illinois, and may be recovered in a civil suit in
the name of the State of Illinois brought in the Circuit
Court in Sangamon County or in the Circuit Court of the
county where the respondent is domiciled or has its
principal operating office.
(6) In any case where the Director issues a notice of
apparent liability looking toward the imposition of a

SB1797 - 255 - LRB103 03433 AMQ 48439 b
civil penalty forfeiture under this Section that fact may
not be used in any other proceeding before the Director to
the prejudice of the respondent to whom the notice was
issued, unless (a) the civil penalty forfeiture has been
paid, or (b) a court has ordered payment of the civil
penalty forfeiture and that order has become final.
(7) When any person or company has a license or
certificate of authority under this Code and knowingly
fails or refuses to comply with a lawful order of the
Director requiring compliance with this Article, entered
after notice and hearing, within the period of time
specified in the order, the Director may, in addition to
any other penalty or authority provided, revoke or refuse
to renew the license or certificate of authority of such
person or company, or may suspend the license or
certificate of authority of such person or company until
compliance with such order has been obtained.
(8) When any person or company has a license or
certificate of authority under this Code and knowingly
fails or refuses to comply with any provisions of this
Article, the Director may, after notice and hearing, in
addition to any other penalty provided, revoke or refuse
to renew the license or certificate of authority of such
person or company, or may suspend the license or
certificate of authority of such person or company, until
compliance with such provision of this Article has been

SB1797 - 256 - LRB103 03433 AMQ 48439 b
obtained.
(9) No suspension or revocation under this Section may
become effective until 5 days from the date that the
notice of suspension or revocation has been personally
delivered or delivered by registered or certified mail to
the company or person. A suspension or revocation under
this Section is stayed upon the filing, by the company or
person, of a petition for judicial review under the
Administrative Review Law.
(Source: P.A. 94-277, eff. 7-20-05; 95-331, eff. 8-21-07.)
(215 ILCS 5/1630)
Sec. 1630. Definitions. As used in this Article:
"Aggregator site" means a website that provides access to
information regarding insurance products from more than one
insurer, including product and insurer information, for use in
comparison shopping.
"Blanket travel insurance" means a policy of travel
insurance issued to any eligible group providing coverage for
specific classes of persons defined in the policy with
coverage provided to all members of the eligible group without
a separate charge to individual members of the eligible group.
"Cancellation fee waiver" means a contractual agreement
between a supplier of travel services and its customer to
waive some or all of the nonrefundable cancellation fee
provisions of the supplier's underlying travel contract with

SB1797 - 257 - LRB103 03433 AMQ 48439 b
or without regard to the reason for the cancellation or form of
reimbursement. A "cancellation fee waiver" is not insurance.
"Eligible group", solely for the purposes of travel
insurance, means 2 or more persons who are engaged in a common
enterprise, or have an economic, educational, or social
affinity or relationship, including, but not limited to, any
of the following:
(1) any entity engaged in the business of providing
travel or travel services, including, but not limited to:
tour operators, lodging providers, vacation property
owners, hotels and resorts, travel clubs, travel agencies,
property managers, cultural exchange programs, and common
carriers or the operator, owner, or lessor of a means of
transportation of passengers, including, but not limited
to, airlines, cruise lines, railroads, steamship
companies, and public bus carriers, wherein with regard to
any particular travel or type of travel or travelers, all
members or customers of the group must have a common
exposure to risk attendant to such travel;
(2) any college, school, or other institution of
learning covering students, teachers, employees, or
volunteers;
(3) any employer covering any group of employees,
volunteers, contractors, board of directors, dependents,
or guests;
(4) any sports team, camp, or sponsor of any sports

SB1797 - 258 - LRB103 03433 AMQ 48439 b
team or camp covering participants, members, campers,
employees, officials, supervisors, or volunteers;
(5) any religious, charitable, recreational,
educational, or civic organization, or branch of an
organization covering any group of members, participants,
or volunteers;
(6) any financial institution or financial institution
vendor, or parent holding company, trustee, or agent of or
designated by one or more financial institutions or
financial institution vendors, including account holders,
credit card holders, debtors, guarantors, or purchasers;
(7) any incorporated or unincorporated association,
including labor unions, having a common interest,
constitution and bylaws, and organized and maintained in
good faith for purposes other than obtaining insurance for
members or participants of such association covering its
members;
(8) any trust or the trustees of a fund established,
created, or maintained for the benefit of and covering
members, employees or customers, subject to the Director's
permitting the use of a trust and the State's premium tax
provisions, of one or more associations meeting the
requirements of paragraph (7) of this definition;
(9) any entertainment production company covering any
group of participants, volunteers, audience members,
contestants, or workers;

SB1797 - 259 - LRB103 03433 AMQ 48439 b
(10) any volunteer fire department, ambulance, rescue,
police, court, or any first aid, civil defense, or other
such volunteer group;
(11) preschools, child day care institutions for
children or adults, and senior citizen clubs;
(12) any automobile or truck rental or leasing company
covering a group of individuals who may become renters,
lessees, or passengers defined by their travel status on
the rented or leased vehicles. The common carrier, the
operator, owner or lessor of a means of transportation, or
the automobile or truck rental or leasing company, is the
policyholder under a policy to which this Section applies;
or
(13) any other group where the Director has determined
that the members are engaged in a common enterprise, or
have an economic, educational, or social affinity or
relationship, and that issuance of the policy would not be
contrary to the public interest.
"Fulfillment materials" means documentation sent to the
purchaser of a travel protection plan confirming the purchase
and providing the travel protection plan's coverage and
assistance details.
"Group travel insurance" means travel insurance issued to
any eligible group.
"Limited lines travel insurance producer" means one of the
following:

SB1797 - 260 - LRB103 03433 AMQ 48439 b
(1) a licensed managing general agent or third-party
administrator;
(2) a licensed insurance producer, including a limited
lines producer; or
(3) a travel administrator.
"Offering and disseminating" means the following:
(1) Providing information to a prospective or current
policyholder on behalf of a limited lines travel insurance
entity, including brochures, buyer guides, descriptions of
coverage, and price.
(2) Referring specific questions regarding coverage
features and benefits from a prospective or current
policyholder to a limited lines travel insurance entity.
(3) Disseminating and processing applications for
coverage, coverage selection forms, or other similar forms
in response to a request from a prospective or current
policyholder.
(4) Collecting premiums from a prospective or current
policyholder on behalf of a limited lines travel insurance
entity.
(5) Receiving and recording information from a
policyholder to share with a limited lines travel
insurance entity.
"Primary policyholder" means an individual person who
elects and purchases individual travel insurance.
"Travel administrator" means a person who directly or

SB1797 - 261 - LRB103 03433 AMQ 48439 b
indirectly underwrites, collects charges, collateral, or
premiums from, or adjusts or settles claims on residents of
this State in connection with travel insurance, except that a
person shall not be considered a travel administrator if that
person's only actions that would otherwise cause the person to
be considered a travel administrator are among the following:
(1) a person working for a travel administrator to the
extent that the person's activities are subject to the
supervision and control of the travel administrator;
(2) an insurance producer selling insurance or engaged
in administrative and claims-related activities within the
scope of the producer's license;
(3) a travel retailer offering and disseminating
travel insurance and registered under the license of a
limited lines travel insurance producer in accordance with
Section 1635;
(4) an individual adjusting or settling claims in the
normal course of that individual's practice or employment
as an attorney-at-law and who does not collect charges or
premiums in connection with insurance coverage; or
(5) a business entity that is affiliated with a
licensed insurer while acting as a travel administrator
for the direct and assumed insurance business of an
affiliated insurer.
"Travel assistance services" means noninsurance services
for which the consumer is not indemnified based on a

SB1797 - 262 - LRB103 03433 AMQ 48439 b
fortuitous event, and where providing the service does not
result in transfer or shifting of risk that would constitute
the business of insurance. "Travel assistance services"
include, but are not limited to: security advisories;
destination information; vaccination and immunization
information services; travel reservation services;
entertainment; activity and event planning; translation
assistance; emergency messaging; international legal and
medical referrals; medical case monitoring; coordination of
transportation arrangements; emergency cash transfer
assistance; medical prescription replacement assistance;
passport and travel document replacement assistance; lost
luggage assistance; concierge services; and any other service
that is furnished in connection with planned travel. "Travel
assistance services" are not insurance and are not related to
insurance.
"Travel insurance" means insurance coverage for personal
risks incident to planned travel, including, but not limited
to:
(1) the interruption or cancellation of a trip or
event;
(2) the loss of baggage or personal effects;
(3) damages to accommodations or rental vehicles;
(4) sickness, accident, disability, or death occurring
during travel;
(5) emergency evacuation;

SB1797 - 263 - LRB103 03433 AMQ 48439 b
(6) repatriation of remains; or
(7) any other contractual obligations to indemnify or
pay a specified amount to the traveler upon determinable
contingencies related to travel as approved by the
Director.
"Travel insurance" does not include major medical plans
that provide comprehensive medical protection for travelers
with trips lasting 6 months or longer, including those working
overseas as expatriates or as military personnel on
deployment.
"Travel insurance business entity" means a licensed
insurance producer designated by an insurer as set forth in
subsection (h) of Section 1635.
"Travel protection plans" means plans that provide one or
more of the following: travel insurance, travel assistance
services, and cancellation fee waivers.
"Travel retailer" means a business organization that
makes, arranges, or offers travel services and, with respect
to travel insurance, is limited to offering and disseminating
as defined in this Section, unless otherwise licensed under
subsection (b) of Section 1635.
(Source: P.A. 102-212, eff. 10-28-21.)
Section 175. The Public Utilities Act is amended by
changing Section 8-103B as follows:

SB1797 - 264 - LRB103 03433 AMQ 48439 b
(220 ILCS 5/8-103B)
Sec. 8-103B. Energy efficiency and demand-response
measures.
(a) It is the policy of the State that electric utilities
are required to use cost-effective energy efficiency and
demand-response measures to reduce delivery load. Requiring
investment in cost-effective energy efficiency and
demand-response measures will reduce direct and indirect costs
to consumers by decreasing environmental impacts and by
avoiding or delaying the need for new generation,
transmission, and distribution infrastructure. It serves the
public interest to allow electric utilities to recover costs
for reasonably and prudently incurred expenditures for energy
efficiency and demand-response measures. As used in this
Section, "cost-effective" means that the measures satisfy the
total resource cost test. The low-income measures described in
subsection (c) of this Section shall not be required to meet
the total resource cost test. For purposes of this Section,
the terms "energy-efficiency", "demand-response", "electric
utility", and "total resource cost test" have the meanings set
forth in the Illinois Power Agency Act. "Black, indigenous,
and people of color" and "BIPOC" means people who are members
of the groups described in subparagraphs (a) through (e) of
paragraph (A) of subsection (1) of Section 2 of the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act.

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(a-5) This Section applies to electric utilities serving
more than 500,000 retail customers in the State for those
multi-year plans commencing after December 31, 2017.
(b) For purposes of this Section, electric utilities
subject to this Section that serve more than 3,000,000 retail
customers in the State shall be deemed to have achieved a
cumulative persisting annual savings of 6.6% from energy
efficiency measures and programs implemented during the period
beginning January 1, 2012 and ending December 31, 2017, which
percent is based on the deemed average weather normalized
sales of electric power and energy during calendar years 2014,
2015, and 2016 of 88,000,000 MWhs. For the purposes of this
subsection (b) and subsection (b-5), the 88,000,000 MWhs of
deemed electric power and energy sales shall be reduced by the
number of MWhs equal to the sum of the annual consumption of
customers that have opted out of subsections (a) through (j)
of this Section under paragraph (1) of subsection (l) of this
Section, as averaged across the calendar years 2014, 2015, and
2016. After 2017, the deemed value of cumulative persisting
annual savings from energy efficiency measures and programs
implemented during the period beginning January 1, 2012 and
ending December 31, 2017, shall be reduced each year, as
follows, and the applicable value shall be applied to and
count toward the utility's achievement of the cumulative
persisting annual savings goals set forth in subsection (b-5):
(1) 5.8% deemed cumulative persisting annual savings

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for the year ending December 31, 2018;
(2) 5.2% deemed cumulative persisting annual savings
for the year ending December 31, 2019;
(3) 4.5% deemed cumulative persisting annual savings
for the year ending December 31, 2020;
(4) 4.0% deemed cumulative persisting annual savings
for the year ending December 31, 2021;
(5) 3.5% deemed cumulative persisting annual savings
for the year ending December 31, 2022;
(6) 3.1% deemed cumulative persisting annual savings
for the year ending December 31, 2023;
(7) 2.8% deemed cumulative persisting annual savings
for the year ending December 31, 2024;
(8) 2.5% deemed cumulative persisting annual savings
for the year ending December 31, 2025;
(9) 2.3% deemed cumulative persisting annual savings
for the year ending December 31, 2026;
(10) 2.1% deemed cumulative persisting annual savings
for the year ending December 31, 2027;
(11) 1.8% deemed cumulative persisting annual savings
for the year ending December 31, 2028;
(12) 1.7% deemed cumulative persisting annual savings
for the year ending December 31, 2029;
(13) 1.5% deemed cumulative persisting annual savings
for the year ending December 31, 2030;
(14) 1.3% deemed cumulative persisting annual savings

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for the year ending December 31, 2031;
(15) 1.1% deemed cumulative persisting annual savings
for the year ending December 31, 2032;
(16) 0.9% deemed cumulative persisting annual savings
for the year ending December 31, 2033;
(17) 0.7% deemed cumulative persisting annual savings
for the year ending December 31, 2034;
(18) 0.5% deemed cumulative persisting annual savings
for the year ending December 31, 2035;
(19) 0.4% deemed cumulative persisting annual savings
for the year ending December 31, 2036;
(20) 0.3% deemed cumulative persisting annual savings
for the year ending December 31, 2037;
(21) 0.2% deemed cumulative persisting annual savings
for the year ending December 31, 2038;
(22) 0.1% deemed cumulative persisting annual savings
for the year ending December 31, 2039; and
(23) 0.0% deemed cumulative persisting annual savings
for the year ending December 31, 2040 and all subsequent
years.
For purposes of this Section, "cumulative persisting
annual savings" means the total electric energy savings in a
given year from measures installed in that year or in previous
years, but no earlier than January 1, 2012, that are still
operational and providing savings in that year because the
measures have not yet reached the end of their useful lives.

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(b-5) Beginning in 2018, electric utilities subject to
this Section that serve more than 3,000,000 retail customers
in the State shall achieve the following cumulative persisting
annual savings goals, as modified by subsection (f) of this
Section and as compared to the deemed baseline of 88,000,000
MWhs of electric power and energy sales set forth in
subsection (b), as reduced by the number of MWhs equal to the
sum of the annual consumption of customers that have opted out
of subsections (a) through (j) of this Section under paragraph
(1) of subsection (l) of this Section as averaged across the
calendar years 2014, 2015, and 2016, through the
implementation of energy efficiency measures during the
applicable year and in prior years, but no earlier than
January 1, 2012:
(1) 7.8% cumulative persisting annual savings for the
year ending December 31, 2018;
(2) 9.1% cumulative persisting annual savings for the
year ending December 31, 2019;
(3) 10.4% cumulative persisting annual savings for the
year ending December 31, 2020;
(4) 11.8% cumulative persisting annual savings for the
year ending December 31, 2021;
(5) 13.1% cumulative persisting annual savings for the
year ending December 31, 2022;
(6) 14.4% cumulative persisting annual savings for the
year ending December 31, 2023;

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(7) 15.7% cumulative persisting annual savings for the
year ending December 31, 2024;
(8) 17% cumulative persisting annual savings for the
year ending December 31, 2025;
(9) 17.9% cumulative persisting annual savings for the
year ending December 31, 2026;
(10) 18.8% cumulative persisting annual savings for
the year ending December 31, 2027;
(11) 19.7% cumulative persisting annual savings for
the year ending December 31, 2028;
(12) 20.6% cumulative persisting annual savings for
the year ending December 31, 2029; and
(13) 21.5% cumulative persisting annual savings for
the year ending December 31, 2030.
No later than December 31, 2021, the Illinois Commerce
Commission shall establish additional cumulative persisting
annual savings goals for the years 2031 through 2035. No later
than December 31, 2024, the Illinois Commerce Commission shall
establish additional cumulative persisting annual savings
goals for the years 2036 through 2040. The Commission shall
also establish additional cumulative persisting annual savings
goals every 5 years thereafter to ensure that utilities always
have goals that extend at least 11 years into the future. The
cumulative persisting annual savings goals beyond the year
2030 shall increase by 0.9 percentage points per year, absent
a Commission decision to initiate a proceeding to consider

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establishing goals that increase by more or less than that
amount. Such a proceeding must be conducted in accordance with
the procedures described in subsection (f) of this Section. If
such a proceeding is initiated, the cumulative persisting
annual savings goals established by the Commission through
that proceeding shall reflect the Commission's best estimate
of the maximum amount of additional savings that are forecast
to be cost-effectively achievable unless such best estimates
would result in goals that represent less than 0.5 percentage
point annual increases in total cumulative persisting annual
savings. The Commission may only establish goals that
represent less than 0.5 percentage point annual increases in
cumulative persisting annual savings if it can demonstrate,
based on clear and convincing evidence and through independent
analysis, that 0.5 percentage point increases are not
cost-effectively achievable. The Commission shall inform its
decision based on an energy efficiency potential study that
conforms to the requirements of this Section.
(b-10) For purposes of this Section, electric utilities
subject to this Section that serve less than 3,000,000 retail
customers but more than 500,000 retail customers in the State
shall be deemed to have achieved a cumulative persisting
annual savings of 6.6% from energy efficiency measures and
programs implemented during the period beginning January 1,
2012 and ending December 31, 2017, which is based on the deemed
average weather normalized sales of electric power and energy

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during calendar years 2014, 2015, and 2016 of 36,900,000 MWhs.
For the purposes of this subsection (b-10) and subsection
(b-15), the 36,900,000 MWhs of deemed electric power and
energy sales shall be reduced by the number of MWhs equal to
the sum of the annual consumption of customers that have opted
out of subsections (a) through (j) of this Section under
paragraph (1) of subsection (l) of this Section, as averaged
across the calendar years 2014, 2015, and 2016. After 2017,
the deemed value of cumulative persisting annual savings from
energy efficiency measures and programs implemented during the
period beginning January 1, 2012 and ending December 31, 2017,
shall be reduced each year, as follows, and the applicable
value shall be applied to and count toward the utility's
achievement of the cumulative persisting annual savings goals
set forth in subsection (b-15):
(1) 5.8% deemed cumulative persisting annual savings
for the year ending December 31, 2018;
(2) 5.2% deemed cumulative persisting annual savings
for the year ending December 31, 2019;
(3) 4.5% deemed cumulative persisting annual savings
for the year ending December 31, 2020;
(4) 4.0% deemed cumulative persisting annual savings
for the year ending December 31, 2021;
(5) 3.5% deemed cumulative persisting annual savings
for the year ending December 31, 2022;
(6) 3.1% deemed cumulative persisting annual savings

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for the year ending December 31, 2023;
(7) 2.8% deemed cumulative persisting annual savings
for the year ending December 31, 2024;
(8) 2.5% deemed cumulative persisting annual savings
for the year ending December 31, 2025;
(9) 2.3% deemed cumulative persisting annual savings
for the year ending December 31, 2026;
(10) 2.1% deemed cumulative persisting annual savings
for the year ending December 31, 2027;
(11) 1.8% deemed cumulative persisting annual savings
for the year ending December 31, 2028;
(12) 1.7% deemed cumulative persisting annual savings
for the year ending December 31, 2029;
(13) 1.5% deemed cumulative persisting annual savings
for the year ending December 31, 2030;
(14) 1.3% deemed cumulative persisting annual savings
for the year ending December 31, 2031;
(15) 1.1% deemed cumulative persisting annual savings
for the year ending December 31, 2032;
(16) 0.9% deemed cumulative persisting annual savings
for the year ending December 31, 2033;
(17) 0.7% deemed cumulative persisting annual savings
for the year ending December 31, 2034;
(18) 0.5% deemed cumulative persisting annual savings
for the year ending December 31, 2035;
(19) 0.4% deemed cumulative persisting annual savings

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for the year ending December 31, 2036;
(20) 0.3% deemed cumulative persisting annual savings
for the year ending December 31, 2037;
(21) 0.2% deemed cumulative persisting annual savings
for the year ending December 31, 2038;
(22) 0.1% deemed cumulative persisting annual savings
for the year ending December 31, 2039; and
(23) 0.0% deemed cumulative persisting annual savings
for the year ending December 31, 2040 and all subsequent
years.
(b-15) Beginning in 2018, electric utilities subject to
this Section that serve less than 3,000,000 retail customers
but more than 500,000 retail customers in the State shall
achieve the following cumulative persisting annual savings
goals, as modified by subsection (b-20) and subsection (f) of
this Section and as compared to the deemed baseline as reduced
by the number of MWhs equal to the sum of the annual
consumption of customers that have opted out of subsections
(a) through (j) of this Section under paragraph (1) of
subsection (l) of this Section as averaged across the calendar
years 2014, 2015, and 2016, through the implementation of
energy efficiency measures during the applicable year and in
prior years, but no earlier than January 1, 2012:
(1) 7.4% cumulative persisting annual savings for the
year ending December 31, 2018;
(2) 8.2% cumulative persisting annual savings for the

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year ending December 31, 2019;
(3) 9.0% cumulative persisting annual savings for the
year ending December 31, 2020;
(4) 9.8% cumulative persisting annual savings for the
year ending December 31, 2021;
(5) 10.6% cumulative persisting annual savings for the
year ending December 31, 2022;
(6) 11.4% cumulative persisting annual savings for the
year ending December 31, 2023;
(7) 12.2% cumulative persisting annual savings for the
year ending December 31, 2024;
(8) 13% cumulative persisting annual savings for the
year ending December 31, 2025;
(9) 13.6% cumulative persisting annual savings for the
year ending December 31, 2026;
(10) 14.2% cumulative persisting annual savings for
the year ending December 31, 2027;
(11) 14.8% cumulative persisting annual savings for
the year ending December 31, 2028;
(12) 15.4% cumulative persisting annual savings for
the year ending December 31, 2029; and
(13) 16% cumulative persisting annual savings for the
year ending December 31, 2030.
No later than December 31, 2021, the Illinois Commerce
Commission shall establish additional cumulative persisting
annual savings goals for the years 2031 through 2035. No later

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than December 31, 2024, the Illinois Commerce Commission shall
establish additional cumulative persisting annual savings
goals for the years 2036 through 2040. The Commission shall
also establish additional cumulative persisting annual savings
goals every 5 years thereafter to ensure that utilities always
have goals that extend at least 11 years into the future. The
cumulative persisting annual savings goals beyond the year
2030 shall increase by 0.6 percentage points per year, absent
a Commission decision to initiate a proceeding to consider
establishing goals that increase by more or less than that
amount. Such a proceeding must be conducted in accordance with
the procedures described in subsection (f) of this Section. If
such a proceeding is initiated, the cumulative persisting
annual savings goals established by the Commission through
that proceeding shall reflect the Commission's best estimate
of the maximum amount of additional savings that are forecast
to be cost-effectively achievable unless such best estimates
would result in goals that represent less than 0.4 percentage
point annual increases in total cumulative persisting annual
savings. The Commission may only establish goals that
represent less than 0.4 percentage point annual increases in
cumulative persisting annual savings if it can demonstrate,
based on clear and convincing evidence and through independent
analysis, that 0.4 percentage point increases are not
cost-effectively achievable. The Commission shall inform its
decision based on an energy efficiency potential study that

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conforms to the requirements of this Section.
(b-20) Each electric utility subject to this Section may
include cost-effective voltage optimization measures in its
plans submitted under subsections (f) and (g) of this Section,
and the costs incurred by a utility to implement the measures
under a Commission-approved plan shall be recovered under the
provisions of Article IX or Section 16-108.5 of this Act. For
purposes of this Section, the measure life of voltage
optimization measures shall be 15 years. The measure life
period is independent of the depreciation rate of the voltage
optimization assets deployed. Utilities may claim savings from
voltage optimization on circuits for more than 15 years if
they can demonstrate that they have made additional
investments necessary to enable voltage optimization savings
to continue beyond 15 years. Such demonstrations must be
subject to the review of independent evaluation.
Within 270 days after June 1, 2017 (the effective date of
Public Act 99-906), an electric utility that serves less than
3,000,000 retail customers but more than 500,000 retail
customers in the State shall file a plan with the Commission
that identifies the cost-effective voltage optimization
investment the electric utility plans to undertake through
December 31, 2024. The Commission, after notice and hearing,
shall approve or approve with modification the plan within 120
days after the plan's filing and, in the order approving or
approving with modification the plan, the Commission shall

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adjust the applicable cumulative persisting annual savings
goals set forth in subsection (b-15) to reflect any amount of
cost-effective energy savings approved by the Commission that
is greater than or less than the following cumulative
persisting annual savings values attributable to voltage
optimization for the applicable year:
(1) 0.0% of cumulative persisting annual savings for
the year ending December 31, 2018;
(2) 0.17% of cumulative persisting annual savings for
the year ending December 31, 2019;
(3) 0.17% of cumulative persisting annual savings for
the year ending December 31, 2020;
(4) 0.33% of cumulative persisting annual savings for
the year ending December 31, 2021;
(5) 0.5% of cumulative persisting annual savings for
the year ending December 31, 2022;
(6) 0.67% of cumulative persisting annual savings for
the year ending December 31, 2023;
(7) 0.83% of cumulative persisting annual savings for
the year ending December 31, 2024; and
(8) 1.0% of cumulative persisting annual savings for
the year ending December 31, 2025 and all subsequent
years.
(b-25) In the event an electric utility jointly offers an
energy efficiency measure or program with a gas utility under
plans approved under this Section and Section 8-104 of this

SB1797 - 278 - LRB103 03433 AMQ 48439 b
Act, the electric utility may continue offering the program,
including the gas energy efficiency measures, in the event the
gas utility discontinues funding the program. In that event,
the energy savings value associated with such other fuels
shall be converted to electric energy savings on an equivalent
Btu basis for the premises. However, the electric utility
shall prioritize programs for low-income residential customers
to the extent practicable. An electric utility may recover the
costs of offering the gas energy efficiency measures under
this subsection (b-25).
For those energy efficiency measures or programs that save
both electricity and other fuels but are not jointly offered
with a gas utility under plans approved under this Section and
Section 8-104 or not offered with an affiliated gas utility
under paragraph (6) of subsection (f) of Section 8-104 of this
Act, the electric utility may count savings of fuels other
than electricity toward the achievement of its annual savings
goal, and the energy savings value associated with such other
fuels shall be converted to electric energy savings on an
equivalent Btu basis at the premises.
In no event shall more than 10% of each year's applicable
annual total savings requirement as defined in paragraph (7.5)
of subsection (g) of this Section be met through savings of
fuels other than electricity.
(b-27) Beginning in 2022, an electric utility may offer
and promote measures that electrify space heating, water

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heating, cooling, drying, cooking, industrial processes, and
other building and industrial end uses that would otherwise be
served by combustion of fossil fuel at the premises, provided
that the electrification measures reduce total energy
consumption at the premises. The electric utility may count
the reduction in energy consumption at the premises toward
achievement of its annual savings goals. The reduction in
energy consumption at the premises shall be calculated as the
difference between: (A) the reduction in Btu consumption of
fossil fuels as a result of electrification, converted to
kilowatt-hour equivalents by dividing by 3,412 Btus Btu's per
kilowatt hour; and (B) the increase in kilowatt hours of
electricity consumption resulting from the displacement of
fossil fuel consumption as a result of electrification. An
electric utility may recover the costs of offering and
promoting electrification measures under this subsection
(b-27).
In no event shall electrification savings counted toward
each year's applicable annual total savings requirement, as
defined in paragraph (7.5) of subsection (g) of this Section,
be greater than:
(1) 5% per year for each year from 2022 through 2025;
(2) 10% per year for each year from 2026 through 2029;
and
(3) 15% per year for 2030 and all subsequent years.
In addition, a minimum of 25% of all electrification savings

SB1797 - 280 - LRB103 03433 AMQ 48439 b
counted toward a utility's applicable annual total savings
requirement must be from electrification of end uses in
low-income housing. The limitations on electrification savings
that may be counted toward a utility's annual savings goals
are separate from and in addition to the subsection (b-25)
limitations governing the counting of the other fuel savings
resulting from efficiency measures and programs.
As part of the annual informational filing to the
Commission that is required under paragraph (9) of subsection
(g) of this Section, each utility shall identify the specific
electrification measures offered under this subsection
subjection (b-27); the quantity of each electrification
measure that was installed by its customers; the average total
cost, average utility cost, average reduction in fossil fuel
consumption, and average increase in electricity consumption
associated with each electrification measure; the portion of
installations of each electrification measure that were in
low-income single-family housing, low-income multifamily
housing, non-low-income single-family housing, non-low-income
multifamily housing, commercial buildings, and industrial
facilities; and the quantity of savings associated with each
measure category in each customer category that are being
counted toward the utility's applicable annual total savings
requirement. Prior to installing an electrification measure,
the utility shall provide a customer with an estimate of the
impact of the new measure on the customer's average monthly

SB1797 - 281 - LRB103 03433 AMQ 48439 b
electric bill and total annual energy expenses.
(c) Electric utilities shall be responsible for overseeing
the design, development, and filing of energy efficiency plans
with the Commission and may, as part of that implementation,
outsource various aspects of program development and
implementation. A minimum of 10%, for electric utilities that
serve more than 3,000,000 retail customers in the State, and a
minimum of 7%, for electric utilities that serve less than
3,000,000 retail customers but more than 500,000 retail
customers in the State, of the utility's entire portfolio
funding level for a given year shall be used to procure
cost-effective energy efficiency measures from units of local
government, municipal corporations, school districts, public
housing, and community college districts, provided that a
minimum percentage of available funds shall be used to procure
energy efficiency from public housing, which percentage shall
be equal to public housing's share of public building energy
consumption.
The utilities shall also implement energy efficiency
measures targeted at low-income households, which, for
purposes of this Section, shall be defined as households at or
below 80% of area median income, and expenditures to implement
the measures shall be no less than $40,000,000 per year for
electric utilities that serve more than 3,000,000 retail
customers in the State and no less than $13,000,000 per year
for electric utilities that serve less than 3,000,000 retail

SB1797 - 282 - LRB103 03433 AMQ 48439 b
customers but more than 500,000 retail customers in the State.
The ratio of spending on efficiency programs targeted at
low-income multifamily buildings to spending on efficiency
programs targeted at low-income single-family buildings shall
be designed to achieve levels of savings from each building
type that are approximately proportional to the magnitude of
cost-effective lifetime savings potential in each building
type. Investment in low-income whole-building weatherization
programs shall constitute a minimum of 80% of a utility's
total budget specifically dedicated to serving low-income
customers.
The utilities shall work to bundle low-income energy
efficiency offerings with other programs that serve low-income
households to maximize the benefits going to these households.
The utilities shall market and implement low-income energy
efficiency programs in coordination with low-income assistance
programs, the Illinois Solar for All Program, and
weatherization whenever practicable. The program implementer
shall walk the customer through the enrollment process for any
programs for which the customer is eligible. The utilities
shall also pilot targeting customers with high arrearages,
high energy intensity (ratio of energy usage divided by home
or unit square footage), or energy assistance programs with
energy efficiency offerings, and then track reduction in
arrearages as a result of the targeting. This targeting and
bundling of low-income energy programs shall be offered to

SB1797 - 283 - LRB103 03433 AMQ 48439 b
both low-income single-family and multifamily customers
(owners and residents).
The utilities shall invest in health and safety measures
appropriate and necessary for comprehensively weatherizing a
home or multifamily building, and shall implement a health and
safety fund of at least 15% of the total income-qualified
weatherization budget that shall be used for the purpose of
making grants for technical assistance, construction,
reconstruction, improvement, or repair of buildings to
facilitate their participation in the energy efficiency
programs targeted at low-income single-family and multifamily
households. These funds may also be used for the purpose of
making grants for technical assistance, construction,
reconstruction, improvement, or repair of the following
buildings to facilitate their participation in the energy
efficiency programs created by this Section: (1) buildings
that are owned or operated by registered 501(c)(3) public
charities; and (2) child day care centers, child day care
homes, or group child day care homes, as defined under 89 Ill.
Adm. Code Part 406, 407, or 408, respectively.
Each electric utility shall assess opportunities to
implement cost-effective energy efficiency measures and
programs through a public housing authority or authorities
located in its service territory. If such opportunities are
identified, the utility shall propose such measures and
programs to address the opportunities. Expenditures to address

SB1797 - 284 - LRB103 03433 AMQ 48439 b
such opportunities shall be credited toward the minimum
procurement and expenditure requirements set forth in this
subsection (c).
Implementation of energy efficiency measures and programs
targeted at low-income households should be contracted, when
it is practicable, to independent third parties that have
demonstrated capabilities to serve such households, with a
preference for not-for-profit entities and government agencies
that have existing relationships with or experience serving
low-income communities in the State.
Each electric utility shall develop and implement
reporting procedures that address and assist in determining
the amount of energy savings that can be applied to the
low-income procurement and expenditure requirements set forth
in this subsection (c). Each electric utility shall also track
the types and quantities or volumes of insulation and air
sealing materials, and their associated energy saving
benefits, installed in energy efficiency programs targeted at
low-income single-family and multifamily households.
The electric utilities shall participate in a low-income
energy efficiency accountability committee ("the committee"),
which will directly inform the design, implementation, and
evaluation of the low-income and public-housing energy
efficiency programs. The committee shall be comprised of the
electric utilities subject to the requirements of this
Section, the gas utilities subject to the requirements of

SB1797 - 285 - LRB103 03433 AMQ 48439 b
Section 8-104 of this Act, the utilities' low-income energy
efficiency implementation contractors, nonprofit
organizations, community action agencies, advocacy groups,
State and local governmental agencies, public-housing
organizations, and representatives of community-based
organizations, especially those living in or working with
environmental justice communities and BIPOC communities. The
committee shall be composed of 2 geographically differentiated
subcommittees: one for stakeholders in northern Illinois and
one for stakeholders in central and southern Illinois. The
subcommittees shall meet together at least twice per year.
There shall be one statewide leadership committee led by
and composed of community-based organizations that are
representative of BIPOC and environmental justice communities
and that includes equitable representation from BIPOC
communities. The leadership committee shall be composed of an
equal number of representatives from the 2 subcommittees. The
subcommittees shall address specific programs and issues, with
the leadership committee convening targeted workgroups as
needed. The leadership committee may elect to work with an
independent facilitator to solicit and organize feedback,
recommendations and meeting participation from a wide variety
of community-based stakeholders. If a facilitator is used,
they shall be fair and responsive to the needs of all
stakeholders involved in the committee.
All committee meetings must be accessible, with rotating

SB1797 - 286 - LRB103 03433 AMQ 48439 b
locations if meetings are held in-person, virtual
participation options, and materials and agendas circulated in
advance.
There shall also be opportunities for direct input by
committee members outside of committee meetings, such as via
individual meetings, surveys, emails and calls, to ensure
robust participation by stakeholders with limited capacity and
ability to attend committee meetings. Committee meetings shall
emphasize opportunities to bundle and coordinate delivery of
low-income energy efficiency with other programs that serve
low-income communities, such as the Illinois Solar for All
Program and bill payment assistance programs. Meetings shall
include educational opportunities for stakeholders to learn
more about these additional offerings, and the committee shall
assist in figuring out the best methods for coordinated
delivery and implementation of offerings when serving
low-income communities. The committee shall directly and
equitably influence and inform utility low-income and
public-housing energy efficiency programs and priorities.
Participating utilities shall implement recommendations from
the committee whenever possible.
Participating utilities shall track and report how input
from the committee has led to new approaches and changes in
their energy efficiency portfolios. This reporting shall occur
at committee meetings and in quarterly energy efficiency
reports to the Stakeholder Advisory Group and Illinois

SB1797 - 287 - LRB103 03433 AMQ 48439 b
Commerce Commission, and other relevant reporting mechanisms.
Participating utilities shall also report on relevant equity
data and metrics requested by the committee, such as energy
burden data, geographic, racial, and other relevant
demographic data on where programs are being delivered and
what populations programs are serving.
The Illinois Commerce Commission shall oversee and have
relevant staff participate in the committee. The committee
shall have a budget of 0.25% of each utility's entire
efficiency portfolio funding for a given year. The budget
shall be overseen by the Commission. The budget shall be used
to provide grants for community-based organizations serving on
the leadership committee, stipends for community-based
organizations participating in the committee, grants for
community-based organizations to do energy efficiency outreach
and education, and relevant meeting needs as determined by the
leadership committee. The education and outreach shall
include, but is not limited to, basic energy efficiency
education, information about low-income energy efficiency
programs, and information on the committee's purpose,
structure, and activities.
(d) Notwithstanding any other provision of law to the
contrary, a utility providing approved energy efficiency
measures and, if applicable, demand-response measures in the
State shall be permitted to recover all reasonable and
prudently incurred costs of those measures from all retail

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customers, except as provided in subsection (l) of this
Section, as follows, provided that nothing in this subsection
(d) permits the double recovery of such costs from customers:
(1) The utility may recover its costs through an
automatic adjustment clause tariff filed with and approved
by the Commission. The tariff shall be established outside
the context of a general rate case. Each year the
Commission shall initiate a review to reconcile any
amounts collected with the actual costs and to determine
the required adjustment to the annual tariff factor to
match annual expenditures. To enable the financing of the
incremental capital expenditures, including regulatory
assets, for electric utilities that serve less than
3,000,000 retail customers but more than 500,000 retail
customers in the State, the utility's actual year-end
capital structure that includes a common equity ratio,
excluding goodwill, of up to and including 50% of the
total capital structure shall be deemed reasonable and
used to set rates.
(2) A utility may recover its costs through an energy
efficiency formula rate approved by the Commission under a
filing under subsections (f) and (g) of this Section,
which shall specify the cost components that form the
basis of the rate charged to customers with sufficient
specificity to operate in a standardized manner and be
updated annually with transparent information that

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reflects the utility's actual costs to be recovered during
the applicable rate year, which is the period beginning
with the first billing day of January and extending
through the last billing day of the following December.
The energy efficiency formula rate shall be implemented
through a tariff filed with the Commission under
subsections (f) and (g) of this Section that is consistent
with the provisions of this paragraph (2) and that shall
be applicable to all delivery services customers. The
Commission shall conduct an investigation of the tariff in
a manner consistent with the provisions of this paragraph
(2), subsections (f) and (g) of this Section, and the
provisions of Article IX of this Act to the extent they do
not conflict with this paragraph (2). The energy
efficiency formula rate approved by the Commission shall
remain in effect at the discretion of the utility and
shall do the following:
(A) Provide for the recovery of the utility's
actual costs incurred under this Section that are
prudently incurred and reasonable in amount consistent
with Commission practice and law. The sole fact that a
cost differs from that incurred in a prior calendar
year or that an investment is different from that made
in a prior calendar year shall not imply the
imprudence or unreasonableness of that cost or
investment.

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(B) Reflect the utility's actual year-end capital
structure for the applicable calendar year, excluding
goodwill, subject to a determination of prudence and
reasonableness consistent with Commission practice and
law. To enable the financing of the incremental
capital expenditures, including regulatory assets, for
electric utilities that serve less than 3,000,000
retail customers but more than 500,000 retail
customers in the State, a participating electric
utility's actual year-end capital structure that
includes a common equity ratio, excluding goodwill, of
up to and including 50% of the total capital structure
shall be deemed reasonable and used to set rates.
(C) Include a cost of equity, which shall be
calculated as the sum of the following:
(i) the average for the applicable calendar
year of the monthly average yields of 30-year U.S.
Treasury bonds published by the Board of Governors
of the Federal Reserve System in its weekly H.15
Statistical Release or successor publication; and
(ii) 580 basis points.
At such time as the Board of Governors of the
Federal Reserve System ceases to include the monthly
average yields of 30-year U.S. Treasury bonds in its
weekly H.15 Statistical Release or successor
publication, the monthly average yields of the U.S.

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Treasury bonds then having the longest duration
published by the Board of Governors in its weekly H.15
Statistical Release or successor publication shall
instead be used for purposes of this paragraph (2).
(D) Permit and set forth protocols, subject to a
determination of prudence and reasonableness
consistent with Commission practice and law, for the
following:
(i) recovery of incentive compensation expense
that is based on the achievement of operational
metrics, including metrics related to budget
controls, outage duration and frequency, safety,
customer service, efficiency and productivity, and
environmental compliance; however, this protocol
shall not apply if such expense related to costs
incurred under this Section is recovered under
Article IX or Section 16-108.5 of this Act;
incentive compensation expense that is based on
net income or an affiliate's earnings per share
shall not be recoverable under the energy
efficiency formula rate;
(ii) recovery of pension and other
post-employment benefits expense, provided that
such costs are supported by an actuarial study;
however, this protocol shall not apply if such
expense related to costs incurred under this

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Section is recovered under Article IX or Section
16-108.5 of this Act;
(iii) recovery of existing regulatory assets
over the periods previously authorized by the
Commission;
(iv) as described in subsection (e),
amortization of costs incurred under this Section;
and
(v) projected, weather normalized billing
determinants for the applicable rate year.
(E) Provide for an annual reconciliation, as
described in paragraph (3) of this subsection (d),
less any deferred taxes related to the reconciliation,
with interest at an annual rate of return equal to the
utility's weighted average cost of capital, including
a revenue conversion factor calculated to recover or
refund all additional income taxes that may be payable
or receivable as a result of that return, of the energy
efficiency revenue requirement reflected in rates for
each calendar year, beginning with the calendar year
in which the utility files its energy efficiency
formula rate tariff under this paragraph (2), with
what the revenue requirement would have been had the
actual cost information for the applicable calendar
year been available at the filing date.
The utility shall file, together with its tariff, the

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projected costs to be incurred by the utility during the
rate year under the utility's multi-year plan approved
under subsections (f) and (g) of this Section, including,
but not limited to, the projected capital investment costs
and projected regulatory asset balances with
correspondingly updated depreciation and amortization
reserves and expense, that shall populate the energy
efficiency formula rate and set the initial rates under
the formula.
The Commission shall review the proposed tariff in
conjunction with its review of a proposed multi-year plan,
as specified in paragraph (5) of subsection (g) of this
Section. The review shall be based on the same evidentiary
standards, including, but not limited to, those concerning
the prudence and reasonableness of the costs incurred by
the utility, the Commission applies in a hearing to review
a filing for a general increase in rates under Article IX
of this Act. The initial rates shall take effect beginning
with the January monthly billing period following the
Commission's approval.
The tariff's rate design and cost allocation across
customer classes shall be consistent with the utility's
automatic adjustment clause tariff in effect on June 1,
2017 (the effective date of Public Act 99-906); however,
the Commission may revise the tariff's rate design and
cost allocation in subsequent proceedings under paragraph

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(3) of this subsection (d).
If the energy efficiency formula rate is terminated,
the then current rates shall remain in effect until such
time as the energy efficiency costs are incorporated into
new rates that are set under this subsection (d) or
Article IX of this Act, subject to retroactive rate
adjustment, with interest, to reconcile rates charged with
actual costs.
(3) The provisions of this paragraph (3) shall only
apply to an electric utility that has elected to file an
energy efficiency formula rate under paragraph (2) of this
subsection (d). Subsequent to the Commission's issuance of
an order approving the utility's energy efficiency formula
rate structure and protocols, and initial rates under
paragraph (2) of this subsection (d), the utility shall
file, on or before June 1 of each year, with the Chief
Clerk of the Commission its updated cost inputs to the
energy efficiency formula rate for the applicable rate
year and the corresponding new charges, as well as the
information described in paragraph (9) of subsection (g)
of this Section. Each such filing shall conform to the
following requirements and include the following
information:
(A) The inputs to the energy efficiency formula
rate for the applicable rate year shall be based on the
projected costs to be incurred by the utility during

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the rate year under the utility's multi-year plan
approved under subsections (f) and (g) of this
Section, including, but not limited to, projected
capital investment costs and projected regulatory
asset balances with correspondingly updated
depreciation and amortization reserves and expense.
The filing shall also include a reconciliation of the
energy efficiency revenue requirement that was in
effect for the prior rate year (as set by the cost
inputs for the prior rate year) with the actual
revenue requirement for the prior rate year
(determined using a year-end rate base) that uses
amounts reflected in the applicable FERC Form 1 that
reports the actual costs for the prior rate year. Any
over-collection or under-collection indicated by such
reconciliation shall be reflected as a credit against,
or recovered as an additional charge to, respectively,
with interest calculated at a rate equal to the
utility's weighted average cost of capital approved by
the Commission for the prior rate year, the charges
for the applicable rate year. Such over-collection or
under-collection shall be adjusted to remove any
deferred taxes related to the reconciliation, for
purposes of calculating interest at an annual rate of
return equal to the utility's weighted average cost of
capital approved by the Commission for the prior rate

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year, including a revenue conversion factor calculated
to recover or refund all additional income taxes that
may be payable or receivable as a result of that
return. Each reconciliation shall be certified by the
participating utility in the same manner that FERC
Form 1 is certified. The filing shall also include the
charge or credit, if any, resulting from the
calculation required by subparagraph (E) of paragraph
(2) of this subsection (d).
Notwithstanding any other provision of law to the
contrary, the intent of the reconciliation is to
ultimately reconcile both the revenue requirement
reflected in rates for each calendar year, beginning
with the calendar year in which the utility files its
energy efficiency formula rate tariff under paragraph
(2) of this subsection (d), with what the revenue
requirement determined using a year-end rate base for
the applicable calendar year would have been had the
actual cost information for the applicable calendar
year been available at the filing date.
For purposes of this Section, "FERC Form 1" means
the Annual Report of Major Electric Utilities,
Licensees and Others that electric utilities are
required to file with the Federal Energy Regulatory
Commission under the Federal Power Act, Sections 3,
4(a), 304 and 209, modified as necessary to be

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consistent with 83 Ill. Adm. Admin. Code Part 415 as of
May 1, 2011. Nothing in this Section is intended to
allow costs that are not otherwise recoverable to be
recoverable by virtue of inclusion in FERC Form 1.
(B) The new charges shall take effect beginning on
the first billing day of the following January billing
period and remain in effect through the last billing
day of the next December billing period regardless of
whether the Commission enters upon a hearing under
this paragraph (3).
(C) The filing shall include relevant and
necessary data and documentation for the applicable
rate year. Normalization adjustments shall not be
required.
Within 45 days after the utility files its annual
update of cost inputs to the energy efficiency formula
rate, the Commission shall with reasonable notice,
initiate a proceeding concerning whether the projected
costs to be incurred by the utility and recovered during
the applicable rate year, and that are reflected in the
inputs to the energy efficiency formula rate, are
consistent with the utility's approved multi-year plan
under subsections (f) and (g) of this Section and whether
the costs incurred by the utility during the prior rate
year were prudent and reasonable. The Commission shall
also have the authority to investigate the information and

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data described in paragraph (9) of subsection (g) of this
Section, including the proposed adjustment to the
utility's return on equity component of its weighted
average cost of capital. During the course of the
proceeding, each objection shall be stated with
particularity and evidence provided in support thereof,
after which the utility shall have the opportunity to
rebut the evidence. Discovery shall be allowed consistent
with the Commission's Rules of Practice, which Rules of
Practice shall be enforced by the Commission or the
assigned administrative law judge. The Commission shall
apply the same evidentiary standards, including, but not
limited to, those concerning the prudence and
reasonableness of the costs incurred by the utility,
during the proceeding as it would apply in a proceeding to
review a filing for a general increase in rates under
Article IX of this Act. The Commission shall not, however,
have the authority in a proceeding under this paragraph
(3) to consider or order any changes to the structure or
protocols of the energy efficiency formula rate approved
under paragraph (2) of this subsection (d). In a
proceeding under this paragraph (3), the Commission shall
enter its order no later than the earlier of 195 days after
the utility's filing of its annual update of cost inputs
to the energy efficiency formula rate or December 15. The
utility's proposed return on equity calculation, as

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described in paragraphs (7) through (9) of subsection (g)
of this Section, shall be deemed the final, approved
calculation on December 15 of the year in which it is filed
unless the Commission enters an order on or before
December 15, after notice and hearing, that modifies such
calculation consistent with this Section. The Commission's
determinations of the prudence and reasonableness of the
costs incurred, and determination of such return on equity
calculation, for the applicable calendar year shall be
final upon entry of the Commission's order and shall not
be subject to reopening, reexamination, or collateral
attack in any other Commission proceeding, case, docket,
order, rule, or regulation; however, nothing in this
paragraph (3) shall prohibit a party from petitioning the
Commission to rehear or appeal to the courts the order
under the provisions of this Act.
(e) Beginning on June 1, 2017 (the effective date of
Public Act 99-906), a utility subject to the requirements of
this Section may elect to defer, as a regulatory asset, up to
the full amount of its expenditures incurred under this
Section for each annual period, including, but not limited to,
any expenditures incurred above the funding level set by
subsection (f) of this Section for a given year. The total
expenditures deferred as a regulatory asset in a given year
shall be amortized and recovered over a period that is equal to
the weighted average of the energy efficiency measure lives

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implemented for that year that are reflected in the regulatory
asset. The unamortized balance shall be recognized as of
December 31 for a given year. The utility shall also earn a
return on the total of the unamortized balances of all of the
energy efficiency regulatory assets, less any deferred taxes
related to those unamortized balances, at an annual rate equal
to the utility's weighted average cost of capital that
includes, based on a year-end capital structure, the utility's
actual cost of debt for the applicable calendar year and a cost
of equity, which shall be calculated as the sum of the (i) the
average for the applicable calendar year of the monthly
average yields of 30-year U.S. Treasury bonds published by the
Board of Governors of the Federal Reserve System in its weekly
H.15 Statistical Release or successor publication; and (ii)
580 basis points, including a revenue conversion factor
calculated to recover or refund all additional income taxes
that may be payable or receivable as a result of that return.
Capital investment costs shall be depreciated and recovered
over their useful lives consistent with generally accepted
accounting principles. The weighted average cost of capital
shall be applied to the capital investment cost balance, less
any accumulated depreciation and accumulated deferred income
taxes, as of December 31 for a given year.
When an electric utility creates a regulatory asset under
the provisions of this Section, the costs are recovered over a
period during which customers also receive a benefit which is

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in the public interest. Accordingly, it is the intent of the
General Assembly that an electric utility that elects to
create a regulatory asset under the provisions of this Section
shall recover all of the associated costs as set forth in this
Section. After the Commission has approved the prudence and
reasonableness of the costs that comprise the regulatory
asset, the electric utility shall be permitted to recover all
such costs, and the value and recoverability through rates of
the associated regulatory asset shall not be limited, altered,
impaired, or reduced.
(f) Beginning in 2017, each electric utility shall file an
energy efficiency plan with the Commission to meet the energy
efficiency standards for the next applicable multi-year period
beginning January 1 of the year following the filing,
according to the schedule set forth in paragraphs (1) through
(3) of this subsection (f). If a utility does not file such a
plan on or before the applicable filing deadline for the plan,
it shall face a penalty of $100,000 per day until the plan is
filed.
(1) No later than 30 days after June 1, 2017 (the
effective date of Public Act 99-906), each electric
utility shall file a 4-year energy efficiency plan
commencing on January 1, 2018 that is designed to achieve
the cumulative persisting annual savings goals specified
in paragraphs (1) through (4) of subsection (b-5) of this
Section or in paragraphs (1) through (4) of subsection

SB1797 - 302 - LRB103 03433 AMQ 48439 b
(b-15) of this Section, as applicable, through
implementation of energy efficiency measures; however, the
goals may be reduced if the utility's expenditures are
limited pursuant to subsection (m) of this Section or, for
a utility that serves less than 3,000,000 retail
customers, if each of the following conditions are met:
(A) the plan's analysis and forecasts of the utility's
ability to acquire energy savings demonstrate that
achievement of such goals is not cost effective; and (B)
the amount of energy savings achieved by the utility as
determined by the independent evaluator for the most
recent year for which savings have been evaluated
preceding the plan filing was less than the average annual
amount of savings required to achieve the goals for the
applicable 4-year plan period. Except as provided in
subsection (m) of this Section, annual increases in
cumulative persisting annual savings goals during the
applicable 4-year plan period shall not be reduced to
amounts that are less than the maximum amount of
cumulative persisting annual savings that is forecast to
be cost-effectively achievable during the 4-year plan
period. The Commission shall review any proposed goal
reduction as part of its review and approval of the
utility's proposed plan.
(2) No later than March 1, 2021, each electric utility
shall file a 4-year energy efficiency plan commencing on

SB1797 - 303 - LRB103 03433 AMQ 48439 b
January 1, 2022 that is designed to achieve the cumulative
persisting annual savings goals specified in paragraphs
(5) through (8) of subsection (b-5) of this Section or in
paragraphs (5) through (8) of subsection (b-15) of this
Section, as applicable, through implementation of energy
efficiency measures; however, the goals may be reduced if
either (1) clear and convincing evidence demonstrates,
through independent analysis, that the expenditure limits
in subsection (m) of this Section preclude full
achievement of the goals or (2) each of the following
conditions are met: (A) the plan's analysis and forecasts
of the utility's ability to acquire energy savings
demonstrate by clear and convincing evidence and through
independent analysis that achievement of such goals is not
cost effective; and (B) the amount of energy savings
achieved by the utility as determined by the independent
evaluator for the most recent year for which savings have
been evaluated preceding the plan filing was less than the
average annual amount of savings required to achieve the
goals for the applicable 4-year plan period. If there is
not clear and convincing evidence that achieving the
savings goals specified in paragraph (b-5) or (b-15) of
this Section is possible both cost-effectively and within
the expenditure limits in subsection (m), such savings
goals shall not be reduced. Except as provided in
subsection (m) of this Section, annual increases in

SB1797 - 304 - LRB103 03433 AMQ 48439 b
cumulative persisting annual savings goals during the
applicable 4-year plan period shall not be reduced to
amounts that are less than the maximum amount of
cumulative persisting annual savings that is forecast to
be cost-effectively achievable during the 4-year plan
period. The Commission shall review any proposed goal
reduction as part of its review and approval of the
utility's proposed plan.
(3) No later than March 1, 2025, each electric utility
shall file a 4-year energy efficiency plan commencing on
January 1, 2026 that is designed to achieve the cumulative
persisting annual savings goals specified in paragraphs
(9) through (12) of subsection (b-5) of this Section or in
paragraphs (9) through (12) of subsection (b-15) of this
Section, as applicable, through implementation of energy
efficiency measures; however, the goals may be reduced if
either (1) clear and convincing evidence demonstrates,
through independent analysis, that the expenditure limits
in subsection (m) of this Section preclude full
achievement of the goals or (2) each of the following
conditions are met: (A) the plan's analysis and forecasts
of the utility's ability to acquire energy savings
demonstrate by clear and convincing evidence and through
independent analysis that achievement of such goals is not
cost effective; and (B) the amount of energy savings
achieved by the utility as determined by the independent

SB1797 - 305 - LRB103 03433 AMQ 48439 b
evaluator for the most recent year for which savings have
been evaluated preceding the plan filing was less than the
average annual amount of savings required to achieve the
goals for the applicable 4-year plan period. If there is
not clear and convincing evidence that achieving the
savings goals specified in paragraphs (b-5) or (b-15) of
this Section is possible both cost-effectively and within
the expenditure limits in subsection (m), such savings
goals shall not be reduced. Except as provided in
subsection (m) of this Section, annual increases in
cumulative persisting annual savings goals during the
applicable 4-year plan period shall not be reduced to
amounts that are less than the maximum amount of
cumulative persisting annual savings that is forecast to
be cost-effectively achievable during the 4-year plan
period. The Commission shall review any proposed goal
reduction as part of its review and approval of the
utility's proposed plan.
(4) No later than March 1, 2029, and every 4 years
thereafter, each electric utility shall file a 4-year
energy efficiency plan commencing on January 1, 2030, and
every 4 years thereafter, respectively, that is designed
to achieve the cumulative persisting annual savings goals
established by the Illinois Commerce Commission pursuant
to direction of subsections (b-5) and (b-15) of this
Section, as applicable, through implementation of energy

SB1797 - 306 - LRB103 03433 AMQ 48439 b
efficiency measures; however, the goals may be reduced if
either (1) clear and convincing evidence and independent
analysis demonstrates that the expenditure limits in
subsection (m) of this Section preclude full achievement
of the goals or (2) each of the following conditions are
met: (A) the plan's analysis and forecasts of the
utility's ability to acquire energy savings demonstrate by
clear and convincing evidence and through independent
analysis that achievement of such goals is not
cost-effective; and (B) the amount of energy savings
achieved by the utility as determined by the independent
evaluator for the most recent year for which savings have
been evaluated preceding the plan filing was less than the
average annual amount of savings required to achieve the
goals for the applicable 4-year plan period. If there is
not clear and convincing evidence that achieving the
savings goals specified in paragraphs (b-5) or (b-15) of
this Section is possible both cost-effectively and within
the expenditure limits in subsection (m), such savings
goals shall not be reduced. Except as provided in
subsection (m) of this Section, annual increases in
cumulative persisting annual savings goals during the
applicable 4-year plan period shall not be reduced to
amounts that are less than the maximum amount of
cumulative persisting annual savings that is forecast to
be cost-effectively achievable during the 4-year plan

SB1797 - 307 - LRB103 03433 AMQ 48439 b
period. The Commission shall review any proposed goal
reduction as part of its review and approval of the
utility's proposed plan.
Each utility's plan shall set forth the utility's
proposals to meet the energy efficiency standards identified
in subsection (b-5) or (b-15), as applicable and as such
standards may have been modified under this subsection (f),
taking into account the unique circumstances of the utility's
service territory. For those plans commencing on January 1,
2018, the Commission shall seek public comment on the
utility's plan and shall issue an order approving or
disapproving each plan no later than 105 days after June 1,
2017 (the effective date of Public Act 99-906). For those
plans commencing after December 31, 2021, the Commission shall
seek public comment on the utility's plan and shall issue an
order approving or disapproving each plan within 6 months
after its submission. If the Commission disapproves a plan,
the Commission shall, within 30 days, describe in detail the
reasons for the disapproval and describe a path by which the
utility may file a revised draft of the plan to address the
Commission's concerns satisfactorily. If the utility does not
refile with the Commission within 60 days, the utility shall
be subject to penalties at a rate of $100,000 per day until the
plan is filed. This process shall continue, and penalties
shall accrue, until the utility has successfully filed a
portfolio of energy efficiency and demand-response measures.

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Penalties shall be deposited into the Energy Efficiency Trust
Fund.
(g) In submitting proposed plans and funding levels under
subsection (f) of this Section to meet the savings goals
identified in subsection (b-5) or (b-15) of this Section, as
applicable, the utility shall:
(1) Demonstrate that its proposed energy efficiency
measures will achieve the applicable requirements that are
identified in subsection (b-5) or (b-15) of this Section,
as modified by subsection (f) of this Section.
(2) (Blank).
(2.5) Demonstrate consideration of program options for
(A) advancing new building codes, appliance standards, and
municipal regulations governing existing and new building
efficiency improvements and (B) supporting efforts to
improve compliance with new building codes, appliance
standards and municipal regulations, as potentially
cost-effective means of acquiring energy savings to count
toward savings goals.
(3) Demonstrate that its overall portfolio of
measures, not including low-income programs described in
subsection (c) of this Section, is cost-effective using
the total resource cost test or complies with paragraphs
(1) through (3) of subsection (f) of this Section and
represents a diverse cross-section of opportunities for
customers of all rate classes, other than those customers

SB1797 - 309 - LRB103 03433 AMQ 48439 b
described in subsection (l) of this Section, to
participate in the programs. Individual measures need not
be cost effective.
(3.5) Demonstrate that the utility's plan integrates
the delivery of energy efficiency programs with natural
gas efficiency programs, programs promoting distributed
solar, programs promoting demand response and other
efforts to address bill payment issues, including, but not
limited to, LIHEAP and the Percentage of Income Payment
Plan, to the extent such integration is practical and has
the potential to enhance customer engagement, minimize
market confusion, or reduce administrative costs.
(4) Present a third-party energy efficiency
implementation program subject to the following
requirements:
(A) beginning with the year commencing January 1,
2019, electric utilities that serve more than
3,000,000 retail customers in the State shall fund
third-party energy efficiency programs in an amount
that is no less than $25,000,000 per year, and
electric utilities that serve less than 3,000,000
retail customers but more than 500,000 retail
customers in the State shall fund third-party energy
efficiency programs in an amount that is no less than
$8,350,000 per year;
(B) during 2018, the utility shall conduct a

SB1797 - 310 - LRB103 03433 AMQ 48439 b
solicitation process for purposes of requesting
proposals from third-party vendors for those
third-party energy efficiency programs to be offered
during one or more of the years commencing January 1,
2019, January 1, 2020, and January 1, 2021; for those
multi-year plans commencing on January 1, 2022 and
January 1, 2026, the utility shall conduct a
solicitation process during 2021 and 2025,
respectively, for purposes of requesting proposals
from third-party vendors for those third-party energy
efficiency programs to be offered during one or more
years of the respective multi-year plan period; for
each solicitation process, the utility shall identify
the sector, technology, or geographical area for which
it is seeking requests for proposals; the solicitation
process must be either for programs that fill gaps in
the utility's program portfolio and for programs that
target low-income customers, business sectors,
building types, geographies, or other specific parts
of its customer base with initiatives that would be
more effective at reaching these customer segments
than the utilities' programs filed in its energy
efficiency plans;
(C) the utility shall propose the bidder
qualifications, performance measurement process, and
contract structure, which must include a performance

SB1797 - 311 - LRB103 03433 AMQ 48439 b
payment mechanism and general terms and conditions;
the proposed qualifications, process, and structure
shall be subject to Commission approval; and
(D) the utility shall retain an independent third
party to score the proposals received through the
solicitation process described in this paragraph (4),
rank them according to their cost per lifetime
kilowatt-hours saved, and assemble the portfolio of
third-party programs.
The electric utility shall recover all costs
associated with Commission-approved, third-party
administered programs regardless of the success of those
programs.
(4.5) Implement cost-effective demand-response
measures to reduce peak demand by 0.1% over the prior year
for eligible retail customers, as defined in Section
16-111.5 of this Act, and for customers that elect hourly
service from the utility pursuant to Section 16-107 of
this Act, provided those customers have not been declared
competitive. This requirement continues until December 31,
2026.
(5) Include a proposed or revised cost-recovery tariff
mechanism, as provided for under subsection (d) of this
Section, to fund the proposed energy efficiency and
demand-response measures and to ensure the recovery of the
prudently and reasonably incurred costs of

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Commission-approved programs.
(6) Provide for an annual independent evaluation of
the performance of the cost-effectiveness of the utility's
portfolio of measures, as well as a full review of the
multi-year plan results of the broader net program impacts
and, to the extent practical, for adjustment of the
measures on a going-forward basis as a result of the
evaluations. The resources dedicated to evaluation shall
not exceed 3% of portfolio resources in any given year.
(7) For electric utilities that serve more than
3,000,000 retail customers in the State:
(A) Through December 31, 2025, provide for an
adjustment to the return on equity component of the
utility's weighted average cost of capital calculated
under subsection (d) of this Section:
(i) If the independent evaluator determines
that the utility achieved a cumulative persisting
annual savings that is less than the applicable
annual incremental goal, then the return on equity
component shall be reduced by a maximum of 200
basis points in the event that the utility
achieved no more than 75% of such goal. If the
utility achieved more than 75% of the applicable
annual incremental goal but less than 100% of such
goal, then the return on equity component shall be
reduced by 8 basis points for each percent by

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which the utility failed to achieve the goal.
(ii) If the independent evaluator determines
that the utility achieved a cumulative persisting
annual savings that is more than the applicable
annual incremental goal, then the return on equity
component shall be increased by a maximum of 200
basis points in the event that the utility
achieved at least 125% of such goal. If the
utility achieved more than 100% of the applicable
annual incremental goal but less than 125% of such
goal, then the return on equity component shall be
increased by 8 basis points for each percent by
which the utility achieved above the goal. If the
applicable annual incremental goal was reduced
under paragraph paragraphs (1) or (2) of
subsection (f) of this Section, then the following
adjustments shall be made to the calculations
described in this item (ii):
(aa) the calculation for determining
achievement that is at least 125% of the
applicable annual incremental goal shall use
the unreduced applicable annual incremental
goal to set the value; and
(bb) the calculation for determining
achievement that is less than 125% but more
than 100% of the applicable annual incremental

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goal shall use the reduced applicable annual
incremental goal to set the value for 100%
achievement of the goal and shall use the
unreduced goal to set the value for 125%
achievement. The 8 basis point value shall
also be modified, as necessary, so that the
200 basis points are evenly apportioned among
each percentage point value between 100% and
125% achievement.
(B) For the period January 1, 2026 through
December 31, 2029 and in all subsequent 4-year
periods, provide for an adjustment to the return on
equity component of the utility's weighted average
cost of capital calculated under subsection (d) of
this Section:
(i) If the independent evaluator determines
that the utility achieved a cumulative persisting
annual savings that is less than the applicable
annual incremental goal, then the return on equity
component shall be reduced by a maximum of 200
basis points in the event that the utility
achieved no more than 66% of such goal. If the
utility achieved more than 66% of the applicable
annual incremental goal but less than 100% of such
goal, then the return on equity component shall be
reduced by 6 basis points for each percent by

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which the utility failed to achieve the goal.
(ii) If the independent evaluator determines
that the utility achieved a cumulative persisting
annual savings that is more than the applicable
annual incremental goal, then the return on equity
component shall be increased by a maximum of 200
basis points in the event that the utility
achieved at least 134% of such goal. If the
utility achieved more than 100% of the applicable
annual incremental goal but less than 134% of such
goal, then the return on equity component shall be
increased by 6 basis points for each percent by
which the utility achieved above the goal. If the
applicable annual incremental goal was reduced
under paragraph (3) of subsection (f) of this
Section, then the following adjustments shall be
made to the calculations described in this item
(ii):
(aa) the calculation for determining
achievement that is at least 134% of the
applicable annual incremental goal shall use
the unreduced applicable annual incremental
goal to set the value; and
(bb) the calculation for determining
achievement that is less than 134% but more
than 100% of the applicable annual incremental

SB1797 - 316 - LRB103 03433 AMQ 48439 b
goal shall use the reduced applicable annual
incremental goal to set the value for 100%
achievement of the goal and shall use the
unreduced goal to set the value for 134%
achievement. The 6 basis point value shall
also be modified, as necessary, so that the
200 basis points are evenly apportioned among
each percentage point value between 100% and
134% achievement.
(C) Notwithstanding the provisions of
subparagraphs (A) and (B) of this paragraph (7), if
the applicable annual incremental goal for an electric
utility is ever less than 0.6% of deemed average
weather normalized sales of electric power and energy
during calendar years 2014, 2015, and 2016, an
adjustment to the return on equity component of the
utility's weighted average cost of capital calculated
under subsection (d) of this Section shall be made as
follows:
(i) If the independent evaluator determines
that the utility achieved a cumulative persisting
annual savings that is less than would have been
achieved had the applicable annual incremental
goal been achieved, then the return on equity
component shall be reduced by a maximum of 200
basis points if the utility achieved no more than

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75% of its applicable annual total savings
requirement as defined in paragraph (7.5) of this
subsection. If the utility achieved more than 75%
of the applicable annual total savings requirement
but less than 100% of such goal, then the return on
equity component shall be reduced by 8 basis
points for each percent by which the utility
failed to achieve the goal.
(ii) If the independent evaluator determines
that the utility achieved a cumulative persisting
annual savings that is more than would have been
achieved had the applicable annual incremental
goal been achieved, then the return on equity
component shall be increased by a maximum of 200
basis points if the utility achieved at least 125%
of its applicable annual total savings
requirement. If the utility achieved more than
100% of the applicable annual total savings
requirement but less than 125% of such goal, then
the return on equity component shall be increased
by 8 basis points for each percent by which the
utility achieved above the applicable annual total
savings requirement. If the applicable annual
incremental goal was reduced under paragraph (1)
or (2) of subsection (f) of this Section, then the
following adjustments shall be made to the

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calculations described in this item (ii):
(aa) the calculation for determining
achievement that is at least 125% of the
applicable annual total savings requirement
shall use the unreduced applicable annual
incremental goal to set the value; and
(bb) the calculation for determining
achievement that is less than 125% but more
than 100% of the applicable annual total
savings requirement shall use the reduced
applicable annual incremental goal to set the
value for 100% achievement of the goal and
shall use the unreduced goal to set the value
for 125% achievement. The 8 basis point value
shall also be modified, as necessary, so that
the 200 basis points are evenly apportioned
among each percentage point value between 100%
and 125% achievement.
(7.5) For purposes of this Section, the term
"applicable annual incremental goal" means the difference
between the cumulative persisting annual savings goal for
the calendar year that is the subject of the independent
evaluator's determination and the cumulative persisting
annual savings goal for the immediately preceding calendar
year, as such goals are defined in subsections (b-5) and
(b-15) of this Section and as these goals may have been

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modified as provided for under subsection (b-20) and
paragraphs (1) through (3) of subsection (f) of this
Section. Under subsections (b), (b-5), (b-10), and (b-15)
of this Section, a utility must first replace energy
savings from measures that have expired before any
progress towards achievement of its applicable annual
incremental goal may be counted. Savings may expire
because measures installed in previous years have reached
the end of their lives, because measures installed in
previous years are producing lower savings in the current
year than in the previous year, or for other reasons
identified by independent evaluators. Notwithstanding
anything else set forth in this Section, the difference
between the actual annual incremental savings achieved in
any given year, including the replacement of energy
savings that have expired, and the applicable annual
incremental goal shall not affect adjustments to the
return on equity for subsequent calendar years under this
subsection (g).
In this Section, "applicable annual total savings
requirement" means the total amount of new annual savings
that the utility must achieve in any given year to achieve
the applicable annual incremental goal. This is equal to
the applicable annual incremental goal plus the total new
annual savings that are required to replace savings that
expired in or at the end of the previous year.

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(8) For electric utilities that serve less than
3,000,000 retail customers but more than 500,000 retail
customers in the State:
(A) Through December 31, 2025, the applicable
annual incremental goal shall be compared to the
annual incremental savings as determined by the
independent evaluator.
(i) The return on equity component shall be
reduced by 8 basis points for each percent by
which the utility did not achieve 84.4% of the
applicable annual incremental goal.
(ii) The return on equity component shall be
increased by 8 basis points for each percent by
which the utility exceeded 100% of the applicable
annual incremental goal.
(iii) The return on equity component shall not
be increased or decreased if the annual
incremental savings as determined by the
independent evaluator is greater than 84.4% of the
applicable annual incremental goal and less than
100% of the applicable annual incremental goal.
(iv) The return on equity component shall not
be increased or decreased by an amount greater
than 200 basis points pursuant to this
subparagraph (A).
(B) For the period of January 1, 2026 through

SB1797 - 321 - LRB103 03433 AMQ 48439 b
December 31, 2029 and in all subsequent 4-year
periods, the applicable annual incremental goal shall
be compared to the annual incremental savings as
determined by the independent evaluator.
(i) The return on equity component shall be
reduced by 6 basis points for each percent by
which the utility did not achieve 100% of the
applicable annual incremental goal.
(ii) The return on equity component shall be
increased by 6 basis points for each percent by
which the utility exceeded 100% of the applicable
annual incremental goal.
(iii) The return on equity component shall not
be increased or decreased by an amount greater
than 200 basis points pursuant to this
subparagraph (B).
(C) Notwithstanding provisions in subparagraphs
(A) and (B) of paragraph (7) of this subsection, if the
applicable annual incremental goal for an electric
utility is ever less than 0.6% of deemed average
weather normalized sales of electric power and energy
during calendar years 2014, 2015 and 2016, an
adjustment to the return on equity component of the
utility's weighted average cost of capital calculated
under subsection (d) of this Section shall be made as
follows:

SB1797 - 322 - LRB103 03433 AMQ 48439 b
(i) The return on equity component shall be
reduced by 8 basis points for each percent by
which the utility did not achieve 100% of the
applicable annual total savings requirement.
(ii) The return on equity component shall be
increased by 8 basis points for each percent by
which the utility exceeded 100% of the applicable
annual total savings requirement.
(iii) The return on equity component shall not
be increased or decreased by an amount greater
than 200 basis points pursuant to this
subparagraph (C).
(D) If the applicable annual incremental goal was
reduced under paragraph (1), (2), (3), or (4) of
subsection (f) of this Section, then the following
adjustments shall be made to the calculations
described in subparagraphs (A), (B), and (C) of this
paragraph (8):
(i) The calculation for determining
achievement that is at least 125% or 134%, as
applicable, of the applicable annual incremental
goal or the applicable annual total savings
requirement, as applicable, shall use the
unreduced applicable annual incremental goal to
set the value.
(ii) For the period through December 31, 2025,

SB1797 - 323 - LRB103 03433 AMQ 48439 b
the calculation for determining achievement that
is less than 125% but more than 100% of the
applicable annual incremental goal or the
applicable annual total savings requirement, as
applicable, shall use the reduced applicable
annual incremental goal to set the value for 100%
achievement of the goal and shall use the
unreduced goal to set the value for 125%
achievement. The 8 basis point value shall also be
modified, as necessary, so that the 200 basis
points are evenly apportioned among each
percentage point value between 100% and 125%
achievement.
(iii) For the period of January 1, 2026
through December 31, 2029 and all subsequent
4-year periods, the calculation for determining
achievement that is less than 125% or 134%, as
applicable, but more than 100% of the applicable
annual incremental goal or the applicable annual
total savings requirement, as applicable, shall
use the reduced applicable annual incremental goal
to set the value for 100% achievement of the goal
and shall use the unreduced goal to set the value
for 125% achievement. The 6 basis-point value or 8
basis-point value, as applicable, shall also be
modified, as necessary, so that the 200 basis

SB1797 - 324 - LRB103 03433 AMQ 48439 b
points are evenly apportioned among each
percentage point value between 100% and 125% or
between 100% and 134% achievement, as applicable.
(9) The utility shall submit the energy savings data
to the independent evaluator no later than 30 days after
the close of the plan year. The independent evaluator
shall determine the cumulative persisting annual savings
for a given plan year, as well as an estimate of job
impacts and other macroeconomic impacts of the efficiency
programs for that year, no later than 120 days after the
close of the plan year. The utility shall submit an
informational filing to the Commission no later than 160
days after the close of the plan year that attaches the
independent evaluator's final report identifying the
cumulative persisting annual savings for the year and
calculates, under paragraph (7) or (8) of this subsection
(g), as applicable, any resulting change to the utility's
return on equity component of the weighted average cost of
capital applicable to the next plan year beginning with
the January monthly billing period and extending through
the December monthly billing period. However, if the
utility recovers the costs incurred under this Section
under paragraphs (2) and (3) of subsection (d) of this
Section, then the utility shall not be required to submit
such informational filing, and shall instead submit the
information that would otherwise be included in the

SB1797 - 325 - LRB103 03433 AMQ 48439 b
informational filing as part of its filing under paragraph
(3) of such subsection (d) that is due on or before June 1
of each year.
For those utilities that must submit the informational
filing, the Commission may, on its own motion or by
petition, initiate an investigation of such filing,
provided, however, that the utility's proposed return on
equity calculation shall be deemed the final, approved
calculation on December 15 of the year in which it is filed
unless the Commission enters an order on or before
December 15, after notice and hearing, that modifies such
calculation consistent with this Section.
The adjustments to the return on equity component
described in paragraphs (7) and (8) of this subsection (g)
shall be applied as described in such paragraphs through a
separate tariff mechanism, which shall be filed by the
utility under subsections (f) and (g) of this Section.
(9.5) The utility must demonstrate how it will ensure
that program implementation contractors and energy
efficiency installation vendors will promote workforce
equity and quality jobs.
(9.6) Utilities shall collect data necessary to ensure
compliance with paragraph (9.5) no less than quarterly and
shall communicate progress toward compliance with
paragraph (9.5) to program implementation contractors and
energy efficiency installation vendors no less than

SB1797 - 326 - LRB103 03433 AMQ 48439 b
quarterly. Utilities shall work with relevant vendors,
providing education, training, and other resources needed
to ensure compliance and, where necessary, adjusting or
terminating work with vendors that cannot assist with
compliance.
(10) Utilities required to implement efficiency
programs under subsections (b-5) and (b-10) shall report
annually to the Illinois Commerce Commission and the
General Assembly on how hiring, contracting, job training,
and other practices related to its energy efficiency
programs enhance the diversity of vendors working on such
programs. These reports must include data on vendor and
employee diversity, including data on the implementation
of paragraphs (9.5) and (9.6). If the utility is not
meeting the requirements of paragraphs (9.5) and (9.6),
the utility shall submit a plan to adjust their activities
so that they meet the requirements of paragraphs (9.5) and
(9.6) within the following year.
(h) No more than 4% of energy efficiency and
demand-response program revenue may be allocated for research,
development, or pilot deployment of new equipment or measures.
Electric utilities shall work with interested stakeholders to
formulate a plan for how these funds should be spent,
incorporate statewide approaches for these allocations, and
file a 4-year plan that demonstrates that collaboration. If a
utility files a request for modified annual energy savings

SB1797 - 327 - LRB103 03433 AMQ 48439 b
goals with the Commission, then a utility shall forgo spending
portfolio dollars on research and development proposals.
(i) When practicable, electric utilities shall incorporate
advanced metering infrastructure data into the planning,
implementation, and evaluation of energy efficiency measures
and programs, subject to the data privacy and confidentiality
protections of applicable law.
(j) The independent evaluator shall follow the guidelines
and use the savings set forth in Commission-approved energy
efficiency policy manuals and technical reference manuals, as
each may be updated from time to time. Until such time as
measure life values for energy efficiency measures implemented
for low-income households under subsection (c) of this Section
are incorporated into such Commission-approved manuals, the
low-income measures shall have the same measure life values
that are established for same measures implemented in
households that are not low-income households.
(k) Notwithstanding any provision of law to the contrary,
an electric utility subject to the requirements of this
Section may file a tariff cancelling an automatic adjustment
clause tariff in effect under this Section or Section 8-103,
which shall take effect no later than one business day after
the date such tariff is filed. Thereafter, the utility shall
be authorized to defer and recover its expenditures incurred
under this Section through a new tariff authorized under
subsection (d) of this Section or in the utility's next rate

SB1797 - 328 - LRB103 03433 AMQ 48439 b
case under Article IX or Section 16-108.5 of this Act, with
interest at an annual rate equal to the utility's weighted
average cost of capital as approved by the Commission in such
case. If the utility elects to file a new tariff under
subsection (d) of this Section, the utility may file the
tariff within 10 days after June 1, 2017 (the effective date of
Public Act 99-906), and the cost inputs to such tariff shall be
based on the projected costs to be incurred by the utility
during the calendar year in which the new tariff is filed and
that were not recovered under the tariff that was cancelled as
provided for in this subsection. Such costs shall include
those incurred or to be incurred by the utility under its
multi-year plan approved under subsections (f) and (g) of this
Section, including, but not limited to, projected capital
investment costs and projected regulatory asset balances with
correspondingly updated depreciation and amortization reserves
and expense. The Commission shall, after notice and hearing,
approve, or approve with modification, such tariff and cost
inputs no later than 75 days after the utility filed the
tariff, provided that such approval, or approval with
modification, shall be consistent with the provisions of this
Section to the extent they do not conflict with this
subsection (k). The tariff approved by the Commission shall
take effect no later than 5 days after the Commission enters
its order approving the tariff.
No later than 60 days after the effective date of the

SB1797 - 329 - LRB103 03433 AMQ 48439 b
tariff cancelling the utility's automatic adjustment clause
tariff, the utility shall file a reconciliation that
reconciles the moneys collected under its automatic adjustment
clause tariff with the costs incurred during the period
beginning June 1, 2016 and ending on the date that the electric
utility's automatic adjustment clause tariff was cancelled. In
the event the reconciliation reflects an under-collection, the
utility shall recover the costs as specified in this
subsection (k). If the reconciliation reflects an
over-collection, the utility shall apply the amount of such
over-collection as a one-time credit to retail customers'
bills.
(l) For the calendar years covered by a multi-year plan
commencing after December 31, 2017, subsections (a) through
(j) of this Section do not apply to eligible large private
energy customers that have chosen to opt out of multi-year
plans consistent with this subsection (1).
(1) For purposes of this subsection (l), "eligible
large private energy customer" means any retail customers,
except for federal, State, municipal, and other public
customers, of an electric utility that serves more than
3,000,000 retail customers, except for federal, State,
municipal and other public customers, in the State and
whose total highest 30 minute demand was more than 10,000
kilowatts, or any retail customers of an electric utility
that serves less than 3,000,000 retail customers but more

SB1797 - 330 - LRB103 03433 AMQ 48439 b
than 500,000 retail customers in the State and whose total
highest 15 minute demand was more than 10,000 kilowatts.
For purposes of this subsection (l), "retail customer" has
the meaning set forth in Section 16-102 of this Act.
However, for a business entity with multiple sites located
in the State, where at least one of those sites qualifies
as an eligible large private energy customer, then any of
that business entity's sites, properly identified on a
form for notice, shall be considered eligible large
private energy customers for the purposes of this
subsection (l). A determination of whether this subsection
is applicable to a customer shall be made for each
multi-year plan beginning after December 31, 2017. The
criteria for determining whether this subsection (l) is
applicable to a retail customer shall be based on the 12
consecutive billing periods prior to the start of the
first year of each such multi-year plan.
(2) Within 45 days after September 15, 2021 (the
effective date of Public Act 102-662) this amendatory Act
of the 102nd General Assembly, the Commission shall
prescribe the form for notice required for opting out of
energy efficiency programs. The notice must be submitted
to the retail electric utility 12 months before the next
energy efficiency planning cycle. However, within 120 days
after the Commission's initial issuance of the form for
notice, eligible large private energy customers may submit

SB1797 - 331 - LRB103 03433 AMQ 48439 b
a form for notice to an electric utility. The form for
notice for opting out of energy efficiency programs shall
include all of the following:
(A) a statement indicating that the customer has
elected to opt out;
(B) the account numbers for the customer accounts
to which the opt out shall apply;
(C) the mailing address associated with the
customer accounts identified under subparagraph (B);
(D) an American Society of Heating, Refrigerating,
and Air-Conditioning Engineers (ASHRAE) level 2 or
higher audit report conducted by an independent
third-party expert identifying cost-effective energy
efficiency project opportunities that could be
invested in over the next 10 years. A retail customer
with specialized processes may utilize a self-audit
process in lieu of the ASHRAE audit;
(E) a description of the customer's plans to
reallocate the funds toward internal energy efficiency
efforts identified in the subparagraph (D) report,
including, but not limited to: (i) strategic energy
management or other programs, including descriptions
of targeted buildings, equipment and operations; (ii)
eligible energy efficiency measures; and (iii)
expected energy savings, itemized by technology. If
the subparagraph (D) audit report identifies that the

SB1797 - 332 - LRB103 03433 AMQ 48439 b
customer currently utilizes the best available energy
efficient technology, equipment, programs, and
operations, the customer may provide a statement that
more efficient technology, equipment, programs, and
operations are not reasonably available as a means of
satisfying this subparagraph (E); and
(F) the effective date of the opt out, which will
be the next January 1 following notice of the opt out.
(3) Upon receipt of a properly and timely noticed
request for opt out submitted by an eligible large private
energy customer, the retail electric utility shall grant
the request, file the request with the Commission and,
beginning January 1 of the following year, the opted out
customer shall no longer be assessed the costs of the plan
and shall be prohibited from participating in that 4-year
plan cycle to give the retail utility the certainty to
design program plan proposals.
(4) Upon a customer's election to opt out under
paragraphs (1) and (2) of this subsection (l) and
commencing on the effective date of said opt out, the
account properly identified in the customer's notice under
paragraph (2) shall not be subject to any cost recovery
and shall not be eligible to participate in, or directly
benefit from, compliance with energy efficiency cumulative
persisting savings requirements under subsections (a)
through (j).

SB1797 - 333 - LRB103 03433 AMQ 48439 b
(5) A utility's cumulative persisting annual savings
targets will exclude any opted out load.
(6) The request to opt out is only valid for the
requested plan cycle. An eligible large private energy
customer must also request to opt out for future energy
plan cycles, otherwise the customer will be included in
the future energy plan cycle.
(m) Notwithstanding the requirements of this Section, as
part of a proceeding to approve a multi-year plan under
subsections (f) and (g) of this Section if the multi-year plan
has been designed to maximize savings, but does not meet the
cost cap limitations of this Section, the Commission shall
reduce the amount of energy efficiency measures implemented
for any single year, and whose costs are recovered under
subsection (d) of this Section, by an amount necessary to
limit the estimated average net increase due to the cost of the
measures to no more than
(1) 3.5% for each of the 4 years beginning January 1,
2018,
(2) (blank),
(3) 4% for each of the 4 years beginning January 1,
2022,
(4) 4.25% for the 4 years beginning January 1, 2026,
and
(5) 4.25% plus an increase sufficient to account for
the rate of inflation between January 1, 2026 and January

SB1797 - 334 - LRB103 03433 AMQ 48439 b
1 of the first year of each subsequent 4-year plan cycle,
of the average amount paid per kilowatthour by residential
eligible retail customers during calendar year 2015. An
electric utility may plan to spend up to 10% more in any year
during an applicable multi-year plan period to
cost-effectively achieve additional savings so long as the
average over the applicable multi-year plan period does not
exceed the percentages defined in items (1) through (5). To
determine the total amount that may be spent by an electric
utility in any single year, the applicable percentage of the
average amount paid per kilowatthour shall be multiplied by
the total amount of energy delivered by such electric utility
in the calendar year 2015, adjusted to reflect the proportion
of the utility's load attributable to customers that have
opted out of subsections (a) through (j) of this Section under
subsection (l) of this Section. For purposes of this
subsection (m), the amount paid per kilowatthour includes,
without limitation, estimated amounts paid for supply,
transmission, distribution, surcharges, and add-on taxes. For
purposes of this Section, "eligible retail customers" shall
have the meaning set forth in Section 16-111.5 of this Act.
Once the Commission has approved a plan under subsections (f)
and (g) of this Section, no subsequent rate impact
determinations shall be made.
(n) A utility shall take advantage of the efficiencies
available through existing Illinois Home Weatherization

SB1797 - 335 - LRB103 03433 AMQ 48439 b
Assistance Program infrastructure and services, such as
enrollment, marketing, quality assurance and implementation,
which can reduce the need for similar services at a lower cost
than utility-only programs, subject to capacity constraints at
community action agencies, for both single-family and
multifamily weatherization services, to the extent Illinois
Home Weatherization Assistance Program community action
agencies provide multifamily services. A utility's plan shall
demonstrate that in formulating annual weatherization budgets,
it has sought input and coordination with community action
agencies regarding agencies' capacity to expand and maximize
Illinois Home Weatherization Assistance Program delivery using
the ratepayer dollars collected under this Section.
(Source: P.A. 101-81, eff. 7-12-19; 102-662, eff. 9-15-21;
revised 2-28-22.)
Section 180. The Child Care Act of 1969 is amended by
changing Sections 2.09, 2.11, 2.18, 2.20, 3, 4.5, 5, 5.1, 5.3,
5.5, 5.6, 5.8, 5.9, 5.10, 5.11, 6, 7, 7.10, 9.1c, 9.2, and 12
as follows:
(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
Sec. 2.09. "Child Day care center" means any child care
facility which regularly provides child day care for less than
24 hours per day for (1) more than 8 children in a family home,
or (2) more than 3 children in a facility other than a family

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home, including senior citizen buildings.
The term does not include:
(a) programs operated by (i) public or private
elementary school systems or secondary level school units
or institutions of higher learning that serve children who
shall have attained the age of 3 years or (ii) private
entities on the grounds of public or private elementary or
secondary schools and that serve children who have
attained the age of 3 years, except that this exception
applies only to the facility and not to the private
entities' personnel operating the program;
(b) programs or that portion of the program which
serves children who shall have attained the age of 3 years
and which are recognized by the State Board of Education;
(c) educational program or programs serving children
who shall have attained the age of 3 years and which are
operated by a school which is registered with the State
Board of Education and which is recognized or accredited
by a recognized national or multistate educational
organization or association which regularly recognizes or
accredits schools;
(d) programs which exclusively serve or that portion
of the program which serves children with disabilities who
shall have attained the age of 3 years but are less than 21
years of age and which are registered and approved as
meeting standards of the State Board of Education and

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applicable fire marshal standards;
(e) facilities operated in connection with a shopping
center or service, religious services, or other similar
facility, where transient children are cared for
temporarily while parents or custodians of the children
are occupied on the premises and readily available;
(f) any type of child day care center that is
conducted on federal government premises;
(g) special activities programs, including athletics,
crafts instruction, and similar activities conducted on an
organized and periodic basis by civic, charitable and
governmental organizations;
(h) part day child care facilities, as defined in
Section 2.10 of this Act;
(i) programs or that portion of the program which:
(1) serves children who shall have attained the
age of 3 years;
(2) is operated by churches or religious
institutions as described in Section 501(c)(3) of the
federal Internal Revenue Code;
(3) receives no governmental aid;
(4) is operated as a component of a religious,
nonprofit elementary school;
(5) operates primarily to provide religious
education; and
(6) meets appropriate State or local health and

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fire safety standards; or
(j) programs or portions of programs that:
(1) serve only school-age children and youth
(defined as full-time kindergarten children, as
defined in 89 Ill. Adm. Code 407.45, or older);
(2) are organized to promote childhood learning,
child and youth development, educational or
recreational activities, or character-building;
(3) operate primarily during out-of-school time or
at times when school is not normally in session;
(4) comply with the standards of the Illinois
Department of Public Health (77 Ill. Adm. Code 750) or
the local health department, the Illinois State Fire
Marshal (41 Ill. Adm. Code 100), and the following
additional health and safety requirements: procedures
for employee and volunteer emergency preparedness and
practice drills; procedures to ensure that first aid
kits are maintained and ready to use; the placement of
a minimum level of liability insurance as determined
by the Department; procedures for the availability of
a working telephone that is onsite and accessible at
all times; procedures to ensure that emergency phone
numbers are posted onsite; and a restriction on
handgun or weapon possession onsite, except if
possessed by a peace officer;
(5) perform and maintain authorization and results

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of criminal history checks through the Illinois State
Police and FBI and checks of the Illinois Sex Offender
Registry, the National Sex Offender Registry, and
Child Abuse and Neglect Tracking System for employees
and volunteers who work directly with children;
(6) make hiring decisions in accordance with the
prohibitions against barrier crimes as specified in
Section 4.2 of this Act or in Section 21B-80 of the
School Code;
(7) provide parents with written disclosure that
the operations of the program are not regulated by
licensing requirements; and
(8) obtain and maintain records showing the first
and last name and date of birth of the child, name,
address, and telephone number of each parent,
emergency contact information, and written
authorization for medical care.
Programs or portions of programs requesting Child Care
Assistance Program (CCAP) funding and otherwise meeting the
requirements under item (j) shall request exemption from the
Department and be determined exempt prior to receiving funding
and must annually meet the eligibility requirements and be
appropriate for payment under the CCAP.
Programs or portions of programs under item (j) that do
not receive State or federal funds must comply with staff
qualification and training standards established by rule by

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the Department of Human Services. The Department of Human
Services shall set such standards after review of Afterschool
for Children and Teens Now (ACT Now) evidence-based quality
standards developed for school-age out-of-school time
programs, feedback from the school-age out-of-school time
program professionals, and review of out-of-school time
professional development frameworks and quality tools.
Out-of-school time programs for school-age youth that
receive State or federal funds must comply with only those
staff qualifications and training standards set for the
program by the State or federal entity issuing the funds.
For purposes of items (a), (b), (c), (d), and (i) of this
Section, "children who shall have attained the age of 3 years"
shall mean children who are 3 years of age, but less than 4
years of age, at the time of enrollment in the program.
(Source: P.A. 99-143, eff. 7-27-15; 99-699, eff. 7-29-16;
100-201, eff. 8-18-17.)
(225 ILCS 10/2.11) (from Ch. 23, par. 2212.11)
Sec. 2.11. "Child Day care agency" means any person, group
of persons, public or private agency, association or
organization which undertakes to provide one or more child day
care homes with administrative services including, but not
limited to, consultation, technical assistance, training,
supervision, evaluation and provision of or referral to health
and social services under contractual arrangement.

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(Source: P.A. 83-126.)
(225 ILCS 10/2.18) (from Ch. 23, par. 2212.18)
Sec. 2.18. "Child Day care homes" means family homes which
receive more than 3 up to a maximum of 12 children for less
than 24 hours per day. The number counted includes the
family's natural or adopted children and all other persons
under the age of 12. The term does not include facilities which
receive only children from a single household.
(Source: P.A. 87-674.)
(225 ILCS 10/2.20) (from Ch. 23, par. 2212.20)
Sec. 2.20. "Group child day care home" means a family home
which receives more than 3 up to a maximum of 16 children for
less than 24 hours per day. The number counted includes the
family's natural or adopted children and all other persons
under the age of 12.
(Source: P.A. 87-675)
(225 ILCS 10/3) (from Ch. 23, par. 2213)
Sec. 3. (a) No person, group of persons or corporation may
operate or conduct any facility for child care, as defined in
this Act, without a license or permit issued by the Department
or without being approved by the Department as meeting the
standards established for such licensing, with the exception
of facilities for whom standards are established by the

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Department of Corrections under Section 3-15-2 of the Unified
Code of Corrections and with the exception of facilities
defined in Section 2.10 of this Act, and with the exception of
programs or facilities licensed by the Department of Human
Services under the Substance Use Disorder Act.
(b) No part day child care facility as described in
Section 2.10 may operate without written notification to the
Department or without complying with Section 7.1. Notification
shall include a notarized statement by the facility that the
facility complies with state or local health standards and
state fire safety standards, and shall be filed with the
department every 2 years.
(c) The Director of the Department shall establish
policies and coordinate activities relating to child care
licensing, licensing of child day care homes and child day
care centers.
(d) Any facility or agency which is exempt from licensing
may apply for licensing if licensing is required for some
government benefit.
(e) A provider of child day care described in items (a)
through (j) of Section 2.09 of this Act is exempt from
licensure. The Department shall provide written verification
of exemption and description of compliance with standards for
the health, safety, and development of the children who
receive the services upon submission by the provider of, in
addition to any other documentation required by the

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Department, a notarized statement that the facility complies
with: (1) the standards of the Department of Public Health or
local health department, (2) the fire safety standards of the
State Fire Marshal, and (3) if operated in a public school
building, the health and safety standards of the State Board
of Education.
(Source: P.A. 99-699, eff. 7-29-16; 100-759, eff. 1-1-19.)
(225 ILCS 10/4.5)
Sec. 4.5. Children with disabilities; training.
(a) An owner or operator of a licensed child day care home
or group child day care home or the onsite executive director
of a licensed child day care center must successfully complete
a basic training course in providing care to children with
disabilities. The basic training course will also be made
available on a voluntary basis to those providers who are
exempt from the licensure requirements of this Act.
(b) The Department of Children and Family Services shall
promulgate rules establishing the requirements for basic
training in providing care to children with disabilities.
(Source: P.A. 92-164, eff. 1-1-02.)
(225 ILCS 10/5) (from Ch. 23, par. 2215)
Sec. 5. (a) In respect to child care institutions,
maternity centers, child welfare agencies, child day care
centers, child day care agencies and group homes, the

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Department, upon receiving application filed in proper order,
shall examine the facilities and persons responsible for care
of children therein.
(b) In respect to foster family and child day care homes,
applications may be filed on behalf of such homes by a licensed
child welfare agency, by a State agency authorized to place
children in foster care or by out-of-State agencies approved
by the Department to place children in this State. In respect
to child day care homes, applications may be filed on behalf of
such homes by a licensed child day care agency or licensed
child welfare agency. In applying for license in behalf of a
home in which children are placed by and remain under
supervision of the applicant agency, such agency shall certify
that the home and persons responsible for care of unrelated
children therein, or the home and relatives, as defined in
Section 2.17 of this Act, responsible for the care of related
children therein, were found to be in reasonable compliance
with standards prescribed by the Department for the type of
care indicated.
(c) The Department shall not allow any person to examine
facilities under a provision of this Act who has not passed an
examination demonstrating that such person is familiar with
this Act and with the appropriate standards and regulations of
the Department.
(d) With the exception of child day care centers, child
day care homes, and group child day care homes, licenses shall

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be issued in such form and manner as prescribed by the
Department and are valid for 4 years from the date issued,
unless revoked by the Department or voluntarily surrendered by
the licensee. Licenses issued for child day care centers,
child day care homes, and group child day care homes shall be
valid for 3 years from the date issued, unless revoked by the
Department or voluntarily surrendered by the licensee. When a
licensee has made timely and sufficient application for the
renewal of a license or a new license with reference to any
activity of a continuing nature, the existing license shall
continue in full force and effect for up to 30 days until the
final agency decision on the application has been made. The
Department may further extend the period in which such
decision must be made in individual cases for up to 30 days,
but such extensions shall be only upon good cause shown.
(e) The Department may issue one 6-month permit to a newly
established facility for child care to allow that facility
reasonable time to become eligible for a full license. If the
facility for child care is a foster family home, or child day
care home the Department may issue one 2-month permit only.
(f) The Department may issue an emergency permit to a
child care facility taking in children as a result of the
temporary closure for more than 2 weeks of a licensed child
care facility due to a natural disaster. An emergency permit
under this subsection shall be issued to a facility only if the
persons providing child care services at the facility were

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employees of the temporarily closed child day care center at
the time it was closed. No investigation of an employee of a
child care facility receiving an emergency permit under this
subsection shall be required if that employee has previously
been investigated at another child care facility. No emergency
permit issued under this subsection shall be valid for more
than 90 days after the date of issuance.
(g) During the hours of operation of any licensed child
care facility, authorized representatives of the Department
may without notice visit the facility for the purpose of
determining its continuing compliance with this Act or
regulations adopted pursuant thereto.
(h) Child Day care centers, child day care homes, and
group child day care homes shall be monitored at least
annually by a licensing representative from the Department or
the agency that recommended licensure.
(Source: P.A. 98-804, eff. 1-1-15.)
(225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)
(Text of Section before amendment by P.A. 102-982)
Sec. 5.1. (a) The Department shall ensure that no child
day care center, group home or child care institution as
defined in this Act shall on a regular basis transport a child
or children with any motor vehicle unless such vehicle is
operated by a person who complies with the following
requirements:

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1. is 21 years of age or older;
2. currently holds a valid driver's license, which has
not been revoked or suspended for one or more traffic
violations during the 3 years immediately prior to the
date of application;
3. demonstrates physical fitness to operate vehicles
by submitting the results of a medical examination
conducted by a licensed physician;
4. has not been convicted of more than 2 offenses
against traffic regulations governing the movement of
vehicles within a twelve month period;
5. has not been convicted of reckless driving or
driving under the influence or manslaughter or reckless
homicide resulting from the operation of a motor vehicle
within the past 3 years;
6. has signed and submitted a written statement
certifying that he has not, through the unlawful operation
of a motor vehicle, caused an accident which resulted in
the death of any person within the 5 years immediately
prior to the date of application.
However, such child day care centers, group homes and
child care institutions may provide for transportation of a
child or children for special outings, functions or purposes
that are not scheduled on a regular basis without verification
that drivers for such purposes meet the requirements of this
Section.

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(a-5) As a means of ensuring compliance with the
requirements set forth in subsection (a), the Department shall
implement appropriate measures to verify that every individual
who is employed at a group home or child care institution meets
those requirements.
For every individual employed at a group home or child
care institution who regularly transports children in the
course of performing his or her duties, the Department must
make the verification every 2 years. Upon the Department's
request, the Secretary of State shall provide the Department
with the information necessary to enable the Department to
make the verifications required under subsection (a).
In the case of an individual employed at a group home or
child care institution who becomes subject to subsection (a)
for the first time after the effective date of this amendatory
Act of the 94th General Assembly, the Department must make
that verification with the Secretary of State before the
individual operates a motor vehicle to transport a child or
children under the circumstances described in subsection (a).
In the case of an individual employed at a group home or
child care institution who is subject to subsection (a) on the
effective date of this amendatory Act of the 94th General
Assembly, the Department must make that verification with the
Secretary of State within 30 days after that effective date.
If the Department discovers that an individual fails to
meet the requirements set forth in subsection (a), the

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Department shall promptly notify the appropriate group home or
child care institution.
(b) Any individual who holds a valid Illinois school bus
driver permit issued by the Secretary of State pursuant to The
Illinois Vehicle Code, and who is currently employed by a
school district or parochial school, or by a contractor with a
school district or parochial school, to drive a school bus
transporting children to and from school, shall be deemed in
compliance with the requirements of subsection (a).
(c) The Department may, pursuant to Section 8 of this Act,
revoke the license of any child day care center, group home or
child care institution that fails to meet the requirements of
this Section.
(d) A group home or child care institution that fails to
meet the requirements of this Section is guilty of a petty
offense and is subject to a fine of not more than $1,000. Each
day that a group home or child care institution fails to meet
the requirements of this Section is a separate offense.
(Source: P.A. 94-943, eff. 1-1-07.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5.1. (a) The Department shall ensure that no child
day care center, group home or child care institution as
defined in this Act shall on a regular basis transport a child
or children with any motor vehicle unless such vehicle is
operated by a person who complies with the following

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requirements:
1. is 21 years of age or older;
2. currently holds a valid driver's license, which has
not been revoked or suspended for one or more traffic
violations during the 3 years immediately prior to the
date of application;
3. demonstrates physical fitness to operate vehicles
by submitting the results of a medical examination
conducted by a licensed physician;
4. has not been convicted of more than 2 offenses
against traffic regulations governing the movement of
vehicles within a twelve month period;
5. has not been convicted of reckless driving or
driving under the influence or manslaughter or reckless
homicide resulting from the operation of a motor vehicle
within the past 3 years;
6. has signed and submitted a written statement
certifying that he has not, through the unlawful operation
of a motor vehicle, caused a crash which resulted in the
death of any person within the 5 years immediately prior
to the date of application.
However, such child day care centers, group homes and
child care institutions may provide for transportation of a
child or children for special outings, functions or purposes
that are not scheduled on a regular basis without verification
that drivers for such purposes meet the requirements of this

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Section.
(a-5) As a means of ensuring compliance with the
requirements set forth in subsection (a), the Department shall
implement appropriate measures to verify that every individual
who is employed at a group home or child care institution meets
those requirements.
For every individual employed at a group home or child
care institution who regularly transports children in the
course of performing his or her duties, the Department must
make the verification every 2 years. Upon the Department's
request, the Secretary of State shall provide the Department
with the information necessary to enable the Department to
make the verifications required under subsection (a).
In the case of an individual employed at a group home or
child care institution who becomes subject to subsection (a)
for the first time after the effective date of this amendatory
Act of the 94th General Assembly, the Department must make
that verification with the Secretary of State before the
individual operates a motor vehicle to transport a child or
children under the circumstances described in subsection (a).
In the case of an individual employed at a group home or
child care institution who is subject to subsection (a) on the
effective date of this amendatory Act of the 94th General
Assembly, the Department must make that verification with the
Secretary of State within 30 days after that effective date.
If the Department discovers that an individual fails to

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meet the requirements set forth in subsection (a), the
Department shall promptly notify the appropriate group home or
child care institution.
(b) Any individual who holds a valid Illinois school bus
driver permit issued by the Secretary of State pursuant to The
Illinois Vehicle Code, and who is currently employed by a
school district or parochial school, or by a contractor with a
school district or parochial school, to drive a school bus
transporting children to and from school, shall be deemed in
compliance with the requirements of subsection (a).
(c) The Department may, pursuant to Section 8 of this Act,
revoke the license of any child day care center, group home or
child care institution that fails to meet the requirements of
this Section.
(d) A group home or child care institution that fails to
meet the requirements of this Section is guilty of a petty
offense and is subject to a fine of not more than $1,000. Each
day that a group home or child care institution fails to meet
the requirements of this Section is a separate offense.
(Source: P.A. 102-982, eff. 7-1-23.)
(225 ILCS 10/5.3)
Sec. 5.3. Lunches in child day care homes. In order to
increase the affordability and availability of child day care,
a child day care home licensed under this Act may allow any
child it receives to bring his or her lunch for consumption

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instead of or in addition to the lunch provided by the child
day care home.
(Source: P.A. 90-242, eff. 1-1-98.)
(225 ILCS 10/5.5)
Sec. 5.5. Smoking in child day care facilities.
(a) The General Assembly finds and declares that:
(1) The U.S. government has determined that secondhand
tobacco smoke is a major threat to public health for which
there is no safe level of exposure.
(2) The U.S. Environmental Protection Agency recently
classified secondhand tobacco smoke a Class A carcinogen,
ranking it with substances such as asbestos and benzene.
(3) According to U.S. government figures, secondhand
tobacco smoke is linked to the lung-cancer deaths of an
estimated 3,000 nonsmokers per year.
(4) Cigarette smoke is a special risk to children,
causing between 150,000 and 300,000 respiratory infections
each year in children under 18 months old, and endangering
between 200,000 and one million children with asthma.
(5) The health of the children of this State should
not be compromised by needless exposure to secondhand
tobacco smoke.
(b) It is a violation of this Act for any person to smoke
tobacco in any area of a child day care center.
(c) It is a violation of this Act for any person to smoke

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tobacco in any area of a child day care home or group child day
care home.
(d) It is a violation of this Act for any person
responsible for the operation of a child day care center,
child day care home, or group child day care home to knowingly
allow or encourage any violation of subsection (b) or (c) of
this Section.
(Source: P.A. 99-343, eff. 8-11-15.)
(225 ILCS 10/5.6)
Sec. 5.6. Pesticide and lawn care product application at
child day care centers.
(a) Licensed child day care centers shall abide by the
requirements of Sections 10.2 and 10.3 of the Structural Pest
Control Act.
(b) Notification required pursuant to Section 10.3 of the
Structural Pest Control Act may not be given more than 30 days
before the application of the pesticide.
(c) Each licensed child day care center, subject to the
requirements of Section 10.3 of the Structural Pest Control
Act, must ensure that pesticides will not be applied when
children are present at the center. Toys and other items
mouthed or handled by the children must be removed from the
area before pesticides are applied. Children must not return
to the treated area within 2 hours after a pesticide
application or as specified on the pesticide label, whichever

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time is greater.
(d) The owners and operators of licensed child day care
centers must ensure that lawn care products will not be
applied to child day care center grounds when children are
present at the center or on its grounds. For the purpose of
this Section, "lawn care product" has the same meaning as that
term is defined in the Lawn Care Products Application and
Notice Act.
(Source: P.A. 96-424, eff. 8-13-09.)
(225 ILCS 10/5.8)
Sec. 5.8. Radon testing of licensed child day care
centers, licensed child day care homes, and licensed group
child day care homes.
(a) Effective January 1, 2013, licensed child day care
centers, licensed child day care homes, and licensed group
child day care homes shall have the facility tested for radon
at least once every 3 years pursuant to rules established by
the Illinois Emergency Management Agency.
(b) Effective January 1, 2014, as part of an initial
application or application for renewal of a license for child
day care centers, child day care homes, and group child day
care homes, the Department shall require proof the facility
has been tested within the last 3 years for radon pursuant to
rules established by the Illinois Emergency Management Agency.
(c) The report of the most current radon measurement shall

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be posted in the facility next to the license issued by the
Department. Copies of the report shall be provided to parents
or guardians upon request.
(d) Included with the report referenced in subsection (c)
shall be the following statement:
"Every parent or guardian is notified that this
facility has performed radon measurements to ensure the
health and safety of the occupants. The Illinois Emergency
Management Agency (IEMA) recommends that all residential
homes be tested and that corrective actions be taken at
levels equal to or greater than 4.0 pCi/L. Radon is a Class
A human carcinogen, the leading cause of lung cancer in
non-smokers, and the second leading cause of lung cancer
overall. For additional information about this facility
contact the licensee and for additional information
regarding radon contact the IEMA Radon Program at
800-325-1245 or on the Internet at
www.radon.illinois.gov.".
(Source: P.A. 97-981, eff. 1-1-13.)
(225 ILCS 10/5.9)
Sec. 5.9. Lead testing of water in licensed child day care
centers, child day care homes and group child day care homes.
(a) On or before January 1, 2018, the Department, in
consultation with the Department of Public Health, shall adopt
rules that prescribe the procedures and standards to be used

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by the Department in assessing levels of lead in water in
licensed child day care centers, child day care homes, and
group child day care homes constructed on or before January 1,
2000 that serve children under the age of 6. Such rules shall,
at a minimum, include provisions regarding testing parameters,
the notification of sampling results, training requirements
for lead exposure and mitigation.
(b) After adoption of the rules required by subsection
(a), and as part of an initial application or application for
renewal of a license for child day care centers, child day care
homes, and group child day care homes, the Department shall
require proof that the applicant has complied with all such
rules.
(Source: P.A. 99-922, eff. 1-17-17.)
(225 ILCS 10/5.10)
Sec. 5.10. Child care limitation on expulsions. Consistent
with the purposes of this amendatory Act of the 100th General
Assembly and the requirements therein under paragraph (7) of
subsection (a) of Section 2-3.71 of the School Code, the
Department, in consultation with the Governor's Office of
Early Childhood Development and the State Board of Education,
shall adopt rules prohibiting the use of expulsion due to a
child's persistent and serious challenging behaviors in
licensed child day care centers, child day care homes, and
group child day care homes. The rulemaking shall address, at a

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minimum, requirements for licensees to establish intervention
and transition policies, notify parents of policies, document
intervention steps, and collect and report data on children
transitioning out of the program.
(Source: P.A. 100-105, eff. 1-1-18.)
(225 ILCS 10/5.11)
Sec. 5.11. Plan for anaphylactic shock. The Department
shall require each licensed child day care center, child day
care home, and group child day care home to have a plan for
anaphylactic shock to be followed for the prevention of
anaphylaxis and during a medical emergency resulting from
anaphylaxis. The plan should be based on the guidance and
recommendations provided by the American Academy of Pediatrics
relating to the management of food allergies or other
allergies. The plan should be shared with parents or guardians
upon enrollment at each licensed child day care center, child
day care home, and group child day care home. If a child
requires specific specialized treatment during an episode of
anaphylaxis, that child's treatment plan should be kept by the
staff of the child day care center, child day care home, or
group child day care home and followed in the event of an
emergency. Each licensed child day care center, child day care
home, and group child day care home shall have at least one
staff member present at all times who has taken a training
course in recognizing and responding to anaphylaxis.

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(Source: P.A. 102-413, eff. 8-20-21.)
(225 ILCS 10/6) (from Ch. 23, par. 2216)
Sec. 6. (a) A licensed facility operating as a "child care
institution", "maternity center", "child welfare agency",
"child day care agency" or "child day care center" must apply
for renewal of its license held, the application to be made to
the Department on forms prescribed by it.
(b) The Department, a duly licensed child welfare agency
or a suitable agency or person designated by the Department as
its agent to do so, must re-examine every child care facility
for renewal of license, including in that process the
examination of the premises and records of the facility as the
Department considers necessary to determine that minimum
standards for licensing continue to be met, and random surveys
of parents or legal guardians who are consumers of such
facilities' services to assess the quality of care at such
facilities. In the case of foster family homes, or child day
care homes under the supervision of or otherwise required to
be licensed by the Department, or under supervision of a
licensed child welfare agency or child day care agency, the
examination shall be made by the Department, or agency
supervising such homes. If the Department is satisfied that
the facility continues to maintain minimum standards which it
prescribes and publishes, it shall renew the license to
operate the facility.

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(b-5) In the case of a quality of care concerns applicant
as defined in Section 2.22a of this Act, in addition to the
examination required in subsection (b) of this Section, the
Department shall not renew the license of a quality of care
concerns applicant unless the Department is satisfied that the
foster family home does not pose a risk to children and that
the foster family home will be able to meet the physical and
emotional needs of children. In making this determination, the
Department must obtain and carefully review all relevant
documents and shall obtain consultation from its Clinical
Division as appropriate and as prescribed by Department rule
and procedure. The Department has the authority to deny an
application for renewal based on a record of quality of care
concerns. In the alternative, the Department may (i) approve
the application for renewal subject to obtaining additional
information or assessments, (ii) approve the application for
renewal for purposes of placing or maintaining only a
particular child or children only in the foster home, or (iii)
approve the application for renewal. The Department shall
notify the quality of care concerns applicant of its decision
and the basis for its decision in writing.
(c) If a child care facility's license, other than a
license for a foster family home, is revoked, or if the
Department refuses to renew a facility's license, the facility
may not reapply for a license before the expiration of 12
months following the Department's action; provided, however,

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that the denial of a reapplication for a license pursuant to
this subsection must be supported by evidence that the prior
revocation renders the applicant unqualified or incapable of
satisfying the standards and rules promulgated by the
Department pursuant to this Act or maintaining a facility
which adheres to such standards and rules.
(d) If a foster family home license (i) is revoked, (ii) is
surrendered for cause, or (iii) expires or is surrendered with
either certain types of involuntary placement holds in place
or while a licensing or child abuse or neglect investigation
is pending, or if the Department refuses to renew a foster home
license, the foster home may not reapply for a license before
the expiration of 5 years following the Department's action or
following the expiration or surrender of the license.
(Source: P.A. 99-779, eff. 1-1-17.)
(225 ILCS 10/7) (from Ch. 23, par. 2217)
Sec. 7. (a) The Department must prescribe and publish
minimum standards for licensing that apply to the various
types of facilities for child care defined in this Act and that
are equally applicable to like institutions under the control
of the Department and to foster family homes used by and under
the direct supervision of the Department. The Department shall
seek the advice and assistance of persons representative of
the various types of child care facilities in establishing
such standards. The standards prescribed and published under

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this Act take effect as provided in the Illinois
Administrative Procedure Act, and are restricted to
regulations pertaining to the following matters and to any
rules and regulations required or permitted by any other
Section of this Act:
(1) The operation and conduct of the facility and
responsibility it assumes for child care;
(2) The character, suitability and qualifications of
the applicant and other persons directly responsible for
the care and welfare of children served. All child day
care center licensees and employees who are required to
report child abuse or neglect under the Abused and
Neglected Child Reporting Act shall be required to attend
training on recognizing child abuse and neglect, as
prescribed by Department rules;
(3) The general financial ability and competence of
the applicant to provide necessary care for children and
to maintain prescribed standards;
(4) The number of individuals or staff required to
insure adequate supervision and care of the children
received. The standards shall provide that each child care
institution, maternity center, child day care center,
group home, child day care home, and group child day care
home shall have on its premises during its hours of
operation at least one staff member certified in first
aid, in the Heimlich maneuver and in cardiopulmonary

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resuscitation by the American Red Cross or other
organization approved by rule of the Department. Child
welfare agencies shall not be subject to such a staffing
requirement. The Department may offer, or arrange for the
offering, on a periodic basis in each community in this
State in cooperation with the American Red Cross, the
American Heart Association or other appropriate
organization, voluntary programs to train operators of
foster family homes and child day care homes in first aid
and cardiopulmonary resuscitation;
(5) The appropriateness, safety, cleanliness, and
general adequacy of the premises, including maintenance of
adequate fire prevention and health standards conforming
to State laws and municipal codes to provide for the
physical comfort, care, and well-being of children
received;
(6) Provisions for food, clothing, educational
opportunities, program, equipment and individual supplies
to assure the healthy physical, mental, and spiritual
development of children served;
(7) Provisions to safeguard the legal rights of
children served;
(8) Maintenance of records pertaining to the
admission, progress, health, and discharge of children,
including, for child day care centers and child day care
homes, records indicating each child has been immunized as

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required by State regulations. The Department shall
require proof that children enrolled in a facility have
been immunized against Haemophilus Influenzae B (HIB);
(9) Filing of reports with the Department;
(10) Discipline of children;
(11) Protection and fostering of the particular
religious faith of the children served;
(12) Provisions prohibiting firearms on child day care
center premises except in the possession of peace
officers;
(13) Provisions prohibiting handguns on child day care
home premises except in the possession of peace officers
or other adults who must possess a handgun as a condition
of employment and who reside on the premises of a child day
care home;
(14) Provisions requiring that any firearm permitted
on child day care home premises, except handguns in the
possession of peace officers, shall be kept in a
disassembled state, without ammunition, in locked storage,
inaccessible to children and that ammunition permitted on
child day care home premises shall be kept in locked
storage separate from that of disassembled firearms,
inaccessible to children;
(15) Provisions requiring notification of parents or
guardians enrolling children at a child day care home of
the presence in the child day care home of any firearms and

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ammunition and of the arrangements for the separate,
locked storage of such firearms and ammunition;
(16) Provisions requiring all licensed child care
facility employees who care for newborns and infants to
complete training every 3 years on the nature of sudden
unexpected infant death (SUID), sudden infant death
syndrome (SIDS), and the safe sleep recommendations of the
American Academy of Pediatrics; and
(17) With respect to foster family homes, provisions
requiring the Department to review quality of care
concerns and to consider those concerns in determining
whether a foster family home is qualified to care for
children.
By July 1, 2022, all licensed child day care home
providers, licensed group child day care home providers, and
licensed child day care center directors and classroom staff
shall participate in at least one training that includes the
topics of early childhood social emotional learning, infant
and early childhood mental health, early childhood trauma, or
adverse childhood experiences. Current licensed providers,
directors, and classroom staff shall complete training by July
1, 2022 and shall participate in training that includes the
above topics at least once every 3 years.
(b) If, in a facility for general child care, there are
children diagnosed as mentally ill or children diagnosed as
having an intellectual or physical disability, who are

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determined to be in need of special mental treatment or of
nursing care, or both mental treatment and nursing care, the
Department shall seek the advice and recommendation of the
Department of Human Services, the Department of Public Health,
or both Departments regarding the residential treatment and
nursing care provided by the institution.
(c) The Department shall investigate any person applying
to be licensed as a foster parent to determine whether there is
any evidence of current drug or alcohol abuse in the
prospective foster family. The Department shall not license a
person as a foster parent if drug or alcohol abuse has been
identified in the foster family or if a reasonable suspicion
of such abuse exists, except that the Department may grant a
foster parent license to an applicant identified with an
alcohol or drug problem if the applicant has successfully
participated in an alcohol or drug treatment program,
self-help group, or other suitable activities and if the
Department determines that the foster family home can provide
a safe, appropriate environment and meet the physical and
emotional needs of children.
(d) The Department, in applying standards prescribed and
published, as herein provided, shall offer consultation
through employed staff or other qualified persons to assist
applicants and licensees in meeting and maintaining minimum
requirements for a license and to help them otherwise to
achieve programs of excellence related to the care of children

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served. Such consultation shall include providing information
concerning education and training in early childhood
development to providers of child day care home services. The
Department may provide or arrange for such education and
training for those providers who request such assistance.
(e) The Department shall distribute copies of licensing
standards to all licensees and applicants for a license. Each
licensee or holder of a permit shall distribute copies of the
appropriate licensing standards and any other information
required by the Department to child care facilities under its
supervision. Each licensee or holder of a permit shall
maintain appropriate documentation of the distribution of the
standards. Such documentation shall be part of the records of
the facility and subject to inspection by authorized
representatives of the Department.
(f) The Department shall prepare summaries of child day
care licensing standards. Each licensee or holder of a permit
for a child day care facility shall distribute a copy of the
appropriate summary and any other information required by the
Department, to the legal guardian of each child cared for in
that facility at the time when the child is enrolled or
initially placed in the facility. The licensee or holder of a
permit for a child day care facility shall secure appropriate
documentation of the distribution of the summary and brochure.
Such documentation shall be a part of the records of the
facility and subject to inspection by an authorized

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representative of the Department.
(g) The Department shall distribute to each licensee and
holder of a permit copies of the licensing or permit standards
applicable to such person's facility. Each licensee or holder
of a permit shall make available by posting at all times in a
common or otherwise accessible area a complete and current set
of licensing standards in order that all employees of the
facility may have unrestricted access to such standards. All
employees of the facility shall have reviewed the standards
and any subsequent changes. Each licensee or holder of a
permit shall maintain appropriate documentation of the current
review of licensing standards by all employees. Such records
shall be part of the records of the facility and subject to
inspection by authorized representatives of the Department.
(h) Any standards involving physical examinations,
immunization, or medical treatment shall include appropriate
exemptions for children whose parents object thereto on the
grounds that they conflict with the tenets and practices of a
recognized church or religious organization, of which the
parent is an adherent or member, and for children who should
not be subjected to immunization for clinical reasons.
(i) The Department, in cooperation with the Department of
Public Health, shall work to increase immunization awareness
and participation among parents of children enrolled in child
day care centers and child day care homes by publishing on the
Department's website information about the benefits of

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immunization against vaccine preventable diseases, including
influenza and pertussis. The information for vaccine
preventable diseases shall include the incidence and severity
of the diseases, the availability of vaccines, and the
importance of immunizing children and persons who frequently
have close contact with children. The website content shall be
reviewed annually in collaboration with the Department of
Public Health to reflect the most current recommendations of
the Advisory Committee on Immunization Practices (ACIP). The
Department shall work with child day care centers and child
day care homes licensed under this Act to ensure that the
information is annually distributed to parents in August or
September.
(j) Any standard adopted by the Department that requires
an applicant for a license to operate a child day care home to
include a copy of a high school diploma or equivalent
certificate with his or her application shall be deemed to be
satisfied if the applicant includes a copy of a high school
diploma or equivalent certificate or a copy of a degree from an
accredited institution of higher education or vocational
institution or equivalent certificate.
(Source: P.A. 102-4, eff. 4-27-21.)
(225 ILCS 10/7.10)
Sec. 7.10. Progress report.
(a) For the purposes of this Section, "child day care

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licensing" or "child day care licensing" means licensing of
child day care centers, child day care homes, and group child
day care homes.
(b) No later than September 30th of each year, the
Department shall provide the General Assembly with a
comprehensive report on its progress in meeting performance
measures and goals related to child day care licensing.
(c) The report shall include:
(1) details on the funding for child day care
licensing, including:
(A) the total number of full-time employees
working on child day care licensing;
(B) the names of all sources of revenue used to
support child day care licensing;
(C) the amount of expenditures that is claimed
against federal funding sources;
(D) the identity of federal funding sources; and
(E) how funds are appropriated, including
appropriations for line staff, support staff,
supervisory staff, and training and other expenses and
the funding history of such licensing since fiscal
year 2010;
(2) current staffing qualifications of child day care
licensing representatives and child day care licensing
supervisors in comparison with staffing qualifications
specified in the job description;

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(3) data history for fiscal year 2010 to the current
fiscal year on child day care licensing representative
caseloads and staffing levels in all areas of the State;
(4) per the DCFS Child Day Care Licensing Advisory
Council's work plan, quarterly data on the following
measures:
(A) the percentage of new applications disposed of
within 90 days;
(B) the percentage of licenses renewed on time;
(C) the percentage of child day care centers
receiving timely annual monitoring visits;
(D) the percentage of child day care homes
receiving timely annual monitoring visits;
(E) the percentage of group child day care homes
receiving timely annual monitoring visits;
(F) the percentage of provider requests for
supervisory review;
(G) the progress on adopting a key indicator
system;
(H) the percentage of complaints disposed of
within 30 days;
(I) the average number of days a child day care
center applicant must wait to attend a licensing
orientation;
(J) the number of licensing orientation sessions
available per region in the past year; and

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(K) the number of Department trainings related to
licensing and child development available to providers
in the past year; and
(5) efforts to coordinate with the Department of Human
Services and the State Board of Education on professional
development, credentialing issues, and child developers,
including training registry, child developers, and Quality
Rating and Improvement Systems (QRIS).
(d) The Department shall work with the Governor's
appointed Early Learning Council on issues related to and
concerning child day care.
(Source: P.A. 97-1096, eff. 8-24-12; 98-839, eff. 1-1-15.)
(225 ILCS 10/9.1c)
Sec. 9.1c. Public database of child day care homes, group
child day care homes, and child day care centers; license
status. No later than July 1, 2018, the Department shall
establish and maintain on its official website a searchable
database, freely accessible to the public, that provides the
following information on each child day care home, group child
day care home, and child day care center licensed by the
Department: whether, within the past 5 years, the child day
care home, group child day care home, or child day care center
has had its license revoked by or surrendered to the
Department during a child abuse or neglect investigation or
its application for a renewal of its license was denied by the

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Department, and, if so, the dates upon which the license was
revoked by or surrendered to the Department or the application
for a renewal of the license was denied by the Department. The
Department may adopt any rules necessary to implement this
Section. Nothing in this Section shall be construed to allow
or authorize the Department to release or disclose any
information that is prohibited from public disclosure under
this Act or under any other State or federal law.
(Source: P.A. 100-52, eff. 1-1-18.)
(225 ILCS 10/9.2)
Sec. 9.2. Toll free number; child day care information.
The Department of Children and Family Services shall establish
and maintain a statewide toll-free telephone number that all
persons may use to inquire about the past history and record of
a child day care facility operating in this State. The past
history and record shall include, but shall not be limited to,
Department substantiated complaints against a child day care
facility and Department staff findings of license violations
by a child day care facility. Information disclosed in
accordance with this Section shall be subject to the
confidentiality requirements provided in this Act.
(Source: P.A. 90-671, eff. 1-1-99.)
(225 ILCS 10/12) (from Ch. 23, par. 2222)
Sec. 12. Advertisements.

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(a) In this Section, "advertise" means communication by
any public medium originating or distributed in this State,
including, but not limited to, newspapers, periodicals,
telephone book listings, outdoor advertising signs, radio, or
television.
(b) A child care facility or child welfare agency licensed
or operating under a permit issued by the Department may
publish advertisements for the services that the facility is
specifically licensed or issued a permit under this Act to
provide. A person, group of persons, agency, association,
organization, corporation, institution, center, or group who
advertises or causes to be published any advertisement
offering, soliciting, or promising to perform adoption
services as defined in Section 2.24 of this Act is guilty of a
Class A misdemeanor and shall be subject to a fine not to
exceed $10,000 or 9 months imprisonment for each
advertisement, unless that person, group of persons, agency,
association, organization, corporation, institution, center,
or group is (i) licensed or operating under a permit issued by
the Department as a child care facility or child welfare
agency, (ii) a biological parent or a prospective adoptive
parent acting on his or her own behalf, or (iii) a licensed
attorney advertising his or her availability to provide legal
services relating to adoption, as permitted by law.
(c) Every advertisement published after the effective date
of this amendatory Act of the 94th General Assembly shall

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include the Department-issued license number of the facility
or agency.
(d) Any licensed child welfare agency providing adoption
services that, after the effective date of this amendatory Act
of the 94th General Assembly, causes to be published an
advertisement containing reckless or intentional
misrepresentations concerning adoption services or
circumstances material to the placement of a child for
adoption is guilty of a Class A misdemeanor and is subject to a
fine not to exceed $10,000 or 9 months imprisonment for each
advertisement.
(e) An out-of-state agency that is not licensed in
Illinois and that has a written interagency agreement with one
or more Illinois licensed child welfare agencies may advertise
under this Section, provided that (i) the out-of-state agency
must be officially recognized by the United States Internal
Revenue Service as a tax-exempt organization under 501(c)(3)
of the Internal Revenue Code of 1986 (or any successor
provision of federal tax law), (ii) the out-of-state agency
provides only international adoption services and is covered
by the Intercountry Adoption Act of 2000, (iii) the
out-of-state agency displays, in the advertisement, the
license number of at least one of the Illinois licensed child
welfare agencies with which it has a written agreement, and
(iv) the advertisements pertain only to international adoption
services. Subsection (d) of this Section shall apply to any

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out-of-state agencies described in this subsection (e).
(f) An advertiser, publisher, or broadcaster, including,
but not limited to, newspapers, periodicals, telephone book
publishers, outdoor advertising signs, radio stations, or
television stations, who knowingly or recklessly advertises or
publishes any advertisement offering, soliciting, or promising
to perform adoption services, as defined in Section 2.24 of
this Act, on behalf of a person, group of persons, agency,
association, organization, corporation, institution, center,
or group, not authorized to advertise under subsection (b) or
subsection (e) of this Section, is guilty of a Class A
misdemeanor and is subject to a fine not to exceed $10,000 or 9
months imprisonment for each advertisement.
(g) The Department shall maintain a website listing child
welfare agencies licensed by the Department that provide
adoption services and other general information for biological
parents and adoptive parents. The website shall include, but
not be limited to, agency addresses, phone numbers, e-mail
addresses, website addresses, annual reports as referenced in
Section 7.6 of this Act, agency license numbers, the Birth
Parent Bill of Rights, the Adoptive Parents Bill of Rights,
and the Department's complaint registry established under
Section 9.1a of this Act. The Department shall adopt any rules
necessary to implement this Section.
(h) Nothing in this Act shall prohibit a child day care
agency, child day care center, child day care home, or group

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child day care home that does not provide or perform adoption
services, as defined in Section 2.24 of this Act, from
advertising or marketing the child day care agency, child day
care center, child day care home, or group child day care home.
(Source: P.A. 100-406, eff. 1-1-18.)
Section 185. The Structural Pest Control Act is amended by
changing Sections 2, 3.03, 3.27, 10.2, 10.3, and 21.1 as
follows:
(225 ILCS 235/2) (from Ch. 111 1/2, par. 2202)
(Section scheduled to be repealed on December 31, 2029)
Sec. 2. Legislative intent. It is declared that there
exists and may in the future exist within the State of Illinois
locations where pesticides are received, stored, formulated or
prepared and subsequently used for the control of structural
pests, and improper selection, formulation and application of
pesticides may adversely affect the public health and general
welfare.
It is further established that the use of certain
pesticides is restricted or may in the future be restricted to
use only by or under the supervision of persons certified in
accordance with this Act.
It is recognized that pests can best be controlled through
an integrated pest management program that combines preventive
techniques, nonchemical pest control methods, and the

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appropriate use of pesticides with preference for products
that are the least harmful to human health and the
environment. Integrated pest management is a good practice in
the management of pest populations, and it is prudent to
employ pest control strategies that are the least hazardous to
human health and the environment.
Therefore, the purpose of this Act is to protect, promote
and preserve the public health and general welfare by
providing for the establishment of minimum standards for
selection, formulation and application of restricted
pesticides and to provide for the licensure of commercial
structural pest control businesses, the registration of
persons who own or operate non-commercial structural pest
control locations where restricted pesticides are used, and
the certification of pest control technicians.
It is also the purpose of this Act to reduce economic,
health, and environmental risks by promoting the use of
integrated pest management for structural pest control in
schools and child day care centers, by making guidelines on
integrated pest management available to schools and child day
care centers.
(Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786,
eff. 8-7-08.)
(225 ILCS 235/3.03) (from Ch. 111 1/2, par. 2203.03)
(Section scheduled to be repealed on December 31, 2029)

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Sec. 3.03. "Person" means any individual, group of
individuals, association, trust, partnership, corporation,
person doing business under an assumed name, the State of
Illinois, or department thereof, any other state-owned and
operated institution, public school, licensed child day care
center, or any other entity.
(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08;
96-1362, eff. 7-28-10.)
(225 ILCS 235/3.27)
(Section scheduled to be repealed on December 31, 2029)
Sec. 3.27. "Child Day care center" means any structure
used as a licensed child day care center in this State.
(Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786,
eff. 8-7-08.)
(225 ILCS 235/10.2) (from Ch. 111 1/2, par. 2210.2)
(Section scheduled to be repealed on December 31, 2029)
Sec. 10.2. Integrated pest management guidelines;
notification; training of designated persons; request for
copies.
(a) The Department shall prepare guidelines for an
integrated pest management program for structural pest control
practices at school buildings and other school facilities and
child day care centers. Such guidelines shall be made
available to schools, child day care centers and the public

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upon request.
(b) When economically feasible, each school and child day
care center is required to develop and implement an integrated
pest management program that incorporates the guidelines
developed by the Department. Each school and child day care
center must notify the Department, within one year after the
effective date of this amendatory Act of the 95th General
Assembly and every 5 years thereafter, on forms provided by
the Department that the school or child day care center has
developed and is implementing an integrated pest management
program. In implementing an integrated pest management
program, a school or child day care center must assign a
designated person to assume responsibility for the oversight
of pest management practices in that school or child day care
center and for recordkeeping requirements.
(b-1) If adopting an integrated pest management program is
not economically feasible because such adoption would result
in an increase in the pest control costs of the school or child
day care center, the school or child day care center must
provide, within one year after the effective date of this
amendatory Act of the 95th General Assembly and every 5 years
thereafter, written notification to the Department, on forms
provided by the Department, that the development and
implementation of an integrated pest management program is not
economically feasible. The notification must include projected
pest control costs for the term of the pest control program and

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projected costs for implementing an integrated pest management
program for that same time period.
(b-2) Each school or child day care center that provides
written notification to the Department that the adoption of an
integrated pest management program is not economically
feasible pursuant to subsection (b-1) of this Section must
have its designated person attend a training course on
integrated pest management within one year after the effective
date of this amendatory Act of the 95th General Assembly, and
every 5 years thereafter until an integrated pest management
program is developed and implemented in the school or child
day care center. The training course shall be approved by the
Department in accordance with the minimum standards
established by the Department under this Act.
(b-3) Each school and child day care center shall ensure
that all parents, guardians, and employees are notified at
least once each school year that the notification requirements
established by this Section have been met. The school and
child day care center shall keep copies of all notifications
required by this Section and any written integrated pest
management program plan developed in accordance with this
Section and make these copies available for public inspection
at the school or child day care center.
(c) The Structural Pest Control Advisory Council shall
assist the Department in developing the guidelines for
integrated pest management programs. In developing the

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guidelines, the Council shall consult with individuals
knowledgeable in the area of integrated pest management.
(d) The Department, with the assistance of the Cooperative
Extension Service and other relevant agencies, may prepare a
training program for school or child day care center pest
control specialists.
(e) The Department may request copies of a school's or
child day care center's integrated pest management program
plan and notification required by this Act and offer
assistance and training to schools and child day care centers
on integrated pest management programs.
(f) The requirements of this Section are subject to
appropriation to the Department for the implementation of
integrated pest management programs.
(Source: P.A. 95-58, eff. 8-10-07; reenacted by P.A. 95-786,
eff. 8-7-08.)
(225 ILCS 235/10.3)
(Section scheduled to be repealed on December 31, 2029)
Sec. 10.3. Notification. School districts and child day
care centers must maintain a registry of parents and guardians
of students and employees who have registered to receive
written or telephonic notification prior to application of
pesticides to school property or child day care centers or
provide written or telephonic notification to all parents and
guardians of students before such pesticide application.

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Written notification may be included in newsletters,
bulletins, calendars, or other correspondence currently
published by the school district or child day care center. The
written or telephonic notification must be given at least 2
business days before application of the pesticide application
and should identify the intended date of the application of
the pesticide and the name and telephone contact number for
the school or child day care center personnel responsible for
the pesticide application program. Prior notice shall not be
required if there is an imminent threat to health or property.
If such a situation arises, the appropriate school or child
day care center personnel must sign a statement describing the
circumstances that gave rise to the health threat and ensure
that written or telephonic notice is provided as soon as
practicable. For purposes of this Section, pesticides subject
to notification requirements shall not include (i) an
antimicrobial agent, such as disinfectant, sanitizer, or
deodorizer, or (ii) insecticide baits and rodenticide baits.
(Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786,
eff. 8-7-08; 96-1362, eff. 7-28-10.)
(225 ILCS 235/21.1) (from Ch. 111 1/2, par. 2221.1)
(Section scheduled to be repealed on December 31, 2029)
Sec. 21.1. Administrative civil fines. The Department is
empowered to assess administrative civil fines in accordance
with Section 15 of this Act against a licensee, registrant,

SB1797 - 384 - LRB103 03433 AMQ 48439 b
certified technician, person, public school, licensed child
day care center, or other entity for violations of this Act or
its rules and regulations. These fines shall be established by
the Department by rule and may be assessed in addition to, or
in lieu of, license, registration, or certification
suspensions and revocations.
Any fine assessed and not paid within 60 days after
receiving notice from the Department may be submitted to the
Attorney General's Office, or any other public or private
agency, for collection of the amounts owed plus any fees and
costs incurred during the collection process. Failure to pay a
fine shall also be grounds for immediate suspension or
revocation of a license, registration, or certification issued
under this Act.
(Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08;
96-1362, eff. 7-28-10.)
Section 190. The Liquor Control Act of 1934 is amended by
changing Section 6-15 as follows:
(235 ILCS 5/6-15) (from Ch. 43, par. 130)
Sec. 6-15. No alcoholic liquors shall be sold or delivered
in any building belonging to or under the control of the State
or any political subdivision thereof except as provided in
this Act. The corporate authorities of any city, village,
incorporated town, township, or county may provide by

SB1797 - 385 - LRB103 03433 AMQ 48439 b
ordinance, however, that alcoholic liquor may be sold or
delivered in any specifically designated building belonging to
or under the control of the municipality, township, or county,
or in any building located on land under the control of the
municipality, township, or county; provided that such township
or county complies with all applicable local ordinances in any
incorporated area of the township or county. Alcoholic liquor
may be delivered to and sold under the authority of a special
use permit on any property owned by a conservation district
organized under the Conservation District Act, provided that
(i) the alcoholic liquor is sold only at an event authorized by
the governing board of the conservation district, (ii) the
issuance of the special use permit is authorized by the local
liquor control commissioner of the territory in which the
property is located, and (iii) the special use permit
authorizes the sale of alcoholic liquor for one day or less.
Alcoholic liquors may be delivered to and sold at any airport
belonging to or under the control of a municipality of more
than 25,000 inhabitants, or in any building or on any golf
course owned by a park district organized under the Park
District Code, subject to the approval of the governing board
of the district, or in any building or on any golf course owned
by a forest preserve district organized under the Downstate
Forest Preserve District Act, subject to the approval of the
governing board of the district, or on the grounds within 500
feet of any building owned by a forest preserve district

SB1797 - 386 - LRB103 03433 AMQ 48439 b
organized under the Downstate Forest Preserve District Act
during times when food is dispensed for consumption within 500
feet of the building from which the food is dispensed, subject
to the approval of the governing board of the district, or in a
building owned by a Local Mass Transit District organized
under the Local Mass Transit District Act, subject to the
approval of the governing Board of the District, or in
Bicentennial Park, or on the premises of the City of Mendota
Lake Park located adjacent to Route 51 in Mendota, Illinois,
or on the premises of Camden Park in Milan, Illinois, or in the
community center owned by the City of Loves Park that is
located at 1000 River Park Drive in Loves Park, Illinois, or,
in connection with the operation of an established food
serving facility during times when food is dispensed for
consumption on the premises, and at the following aquarium and
museums located in public parks: Art Institute of Chicago,
Chicago Academy of Sciences, Chicago Historical Society, Field
Museum of Natural History, Museum of Science and Industry,
DuSable Museum of African American History, John G. Shedd
Aquarium and Adler Planetarium, or at Lakeview Museum of Arts
and Sciences in Peoria, or in connection with the operation of
the facilities of the Chicago Zoological Society or the
Chicago Horticultural Society on land owned by the Forest
Preserve District of Cook County, or on any land used for a
golf course or for recreational purposes owned by the Forest
Preserve District of Cook County, subject to the control of

SB1797 - 387 - LRB103 03433 AMQ 48439 b
the Forest Preserve District Board of Commissioners and
applicable local law, provided that dram shop liability
insurance is provided at maximum coverage limits so as to hold
the District harmless from all financial loss, damage, and
harm, or in any building located on land owned by the Chicago
Park District if approved by the Park District Commissioners,
or on any land used for a golf course or for recreational
purposes and owned by the Illinois International Port District
if approved by the District's governing board, or at any
airport, golf course, faculty center, or facility in which
conference and convention type activities take place belonging
to or under control of any State university or public
community college district, provided that with respect to a
facility for conference and convention type activities
alcoholic liquors shall be limited to the use of the
convention or conference participants or participants in
cultural, political or educational activities held in such
facilities, and provided further that the faculty or staff of
the State university or a public community college district,
or members of an organization of students, alumni, faculty or
staff of the State university or a public community college
district are active participants in the conference or
convention, or in Memorial Stadium on the campus of the
University of Illinois at Urbana-Champaign during games in
which the Chicago Bears professional football team is playing
in that stadium during the renovation of Soldier Field, not

SB1797 - 388 - LRB103 03433 AMQ 48439 b
more than one and a half hours before the start of the game and
not after the end of the third quarter of the game, or in the
Pavilion Facility on the campus of the University of Illinois
at Chicago during games in which the Chicago Storm
professional soccer team is playing in that facility, not more
than one and a half hours before the start of the game and not
after the end of the third quarter of the game, or in the
Pavilion Facility on the campus of the University of Illinois
at Chicago during games in which the WNBA professional women's
basketball team is playing in that facility, not more than one
and a half hours before the start of the game and not after the
10-minute mark of the second half of the game, or by a catering
establishment which has rented facilities from a board of
trustees of a public community college district, or in a
restaurant that is operated by a commercial tenant in the
North Campus Parking Deck building that (1) is located at 1201
West University Avenue, Urbana, Illinois and (2) is owned by
the Board of Trustees of the University of Illinois, or, if
approved by the District board, on land owned by the
Metropolitan Sanitary District of Greater Chicago and leased
to others for a term of at least 20 years. Nothing in this
Section precludes the sale or delivery of alcoholic liquor in
the form of original packaged goods in premises located at 500
S. Racine in Chicago belonging to the University of Illinois
and used primarily as a grocery store by a commercial tenant
during the term of a lease that predates the University's

SB1797 - 389 - LRB103 03433 AMQ 48439 b
acquisition of the premises; but the University shall have no
power or authority to renew, transfer, or extend the lease
with terms allowing the sale of alcoholic liquor; and the sale
of alcoholic liquor shall be subject to all local laws and
regulations. After the acquisition by Winnebago County of the
property located at 404 Elm Street in Rockford, a commercial
tenant who sold alcoholic liquor at retail on a portion of the
property under a valid license at the time of the acquisition
may continue to do so for so long as the tenant and the County
may agree under existing or future leases, subject to all
local laws and regulations regarding the sale of alcoholic
liquor. Alcoholic liquors may be delivered to and sold at
Memorial Hall, located at 211 North Main Street, Rockford,
under conditions approved by Winnebago County and subject to
all local laws and regulations regarding the sale of alcoholic
liquor. Each facility shall provide dram shop liability in
maximum insurance coverage limits so as to save harmless the
State, municipality, State university, airport, golf course,
faculty center, facility in which conference and convention
type activities take place, park district, Forest Preserve
District, public community college district, aquarium, museum,
or sanitary district from all financial loss, damage or harm.
Alcoholic liquors may be sold at retail in buildings of golf
courses owned by municipalities or Illinois State University
in connection with the operation of an established food
serving facility during times when food is dispensed for

SB1797 - 390 - LRB103 03433 AMQ 48439 b
consumption upon the premises. Alcoholic liquors may be
delivered to and sold at retail in any building owned by a fire
protection district organized under the Fire Protection
District Act, provided that such delivery and sale is approved
by the board of trustees of the district, and provided further
that such delivery and sale is limited to fundraising events
and to a maximum of 6 events per year. However, the limitation
to fundraising events and to a maximum of 6 events per year
does not apply to the delivery, sale, or manufacture of
alcoholic liquors at the building located at 59 Main Street in
Oswego, Illinois, owned by the Oswego Fire Protection District
if the alcoholic liquor is sold or dispensed as approved by the
Oswego Fire Protection District and the property is no longer
being utilized for fire protection purposes.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of the University of
Illinois for events that the Board may determine are public
events and not related student activities. The Board of
Trustees shall issue a written policy within 6 months of
August 15, 2008 (the effective date of Public Act 95-847)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy,
the Board of Trustees shall, among other factors it considers
relevant and important, give consideration to the following:

SB1797 - 391 - LRB103 03433 AMQ 48439 b
(i) whether the event is a student activity or student related
activity; (ii) whether the physical setting of the event is
conducive to control of liquor sales and distribution; (iii)
the ability of the event operator to ensure that the sale or
serving of alcoholic liquors and the demeanor of the
participants are in accordance with State law and University
policies; (iv) regarding the anticipated attendees at the
event, the relative proportion of individuals under the age of
21 to individuals age 21 or older; (v) the ability of the venue
operator to prevent the sale or distribution of alcoholic
liquors to individuals under the age of 21; (vi) whether the
event prohibits participants from removing alcoholic beverages
from the venue; and (vii) whether the event prohibits
participants from providing their own alcoholic liquors to the
venue. In addition, any policy submitted by the Board of
Trustees to the Illinois Liquor Control Commission must
require that any event at which alcoholic liquors are served
or sold in buildings under the control of the Board of Trustees
shall require the prior written approval of the Office of the
Chancellor for the University campus where the event is
located. The Board of Trustees shall submit its policy, and
any subsequently revised, updated, new, or amended policies,
to the Illinois Liquor Control Commission, and any University
event, or location for an event, exempted under such policies
shall apply for a license under the applicable Sections of
this Act.

SB1797 - 392 - LRB103 03433 AMQ 48439 b
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Northern Illinois
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
June 28, 2011 (the effective date of Public Act 97-45)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy,
the Board of Trustees shall, in addition to other factors it
considers relevant and important, give consideration to the
following: (i) whether the event is a student activity or
student-related activity; (ii) whether the physical setting of
the event is conducive to control of liquor sales and
distribution; (iii) the ability of the event operator to
ensure that the sale or serving of alcoholic liquors and the
demeanor of the participants are in accordance with State law
and University policies; (iv) the anticipated attendees at the
event and the relative proportion of individuals under the age
of 21 to individuals age 21 or older; (v) the ability of the
venue operator to prevent the sale or distribution of
alcoholic liquors to individuals under the age of 21; (vi)
whether the event prohibits participants from removing
alcoholic beverages from the venue; and (vii) whether the
event prohibits participants from providing their own

SB1797 - 393 - LRB103 03433 AMQ 48439 b
alcoholic liquors to the venue.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Chicago State
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
August 2, 2013 (the effective date of Public Act 98-132)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy,
the Board of Trustees shall, in addition to other factors it
considers relevant and important, give consideration to the
following: (i) whether the event is a student activity or
student-related activity; (ii) whether the physical setting of
the event is conducive to control of liquor sales and
distribution; (iii) the ability of the event operator to
ensure that the sale or serving of alcoholic liquors and the
demeanor of the participants are in accordance with State law
and University policies; (iv) the anticipated attendees at the
event and the relative proportion of individuals under the age
of 21 to individuals age 21 or older; (v) the ability of the
venue operator to prevent the sale or distribution of
alcoholic liquors to individuals under the age of 21; (vi)
whether the event prohibits participants from removing
alcoholic beverages from the venue; and (vii) whether the

SB1797 - 394 - LRB103 03433 AMQ 48439 b
event prohibits participants from providing their own
alcoholic liquors to the venue.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Illinois State
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
March 1, 2013 (the effective date of Public Act 97-1166)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy,
the Board of Trustees shall, in addition to other factors it
considers relevant and important, give consideration to the
following: (i) whether the event is a student activity or
student-related activity; (ii) whether the physical setting of
the event is conducive to control of liquor sales and
distribution; (iii) the ability of the event operator to
ensure that the sale or serving of alcoholic liquors and the
demeanor of the participants are in accordance with State law
and University policies; (iv) the anticipated attendees at the
event and the relative proportion of individuals under the age
of 21 to individuals age 21 or older; (v) the ability of the
venue operator to prevent the sale or distribution of
alcoholic liquors to individuals under the age of 21; (vi)
whether the event prohibits participants from removing

SB1797 - 395 - LRB103 03433 AMQ 48439 b
alcoholic beverages from the venue; and (vii) whether the
event prohibits participants from providing their own
alcoholic liquors to the venue.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of Southern Illinois
University for events that the Board may determine are public
events and not student-related activities. The Board of
Trustees shall issue a written policy within 6 months after
August 12, 2016 (the effective date of Public Act 99-795)
concerning the types of events that would be eligible for an
exemption. Thereafter, the Board of Trustees may issue
revised, updated, new, or amended policies as it deems
necessary and appropriate. In preparing its written policy,
the Board of Trustees shall, in addition to other factors it
considers relevant and important, give consideration to the
following: (i) whether the event is a student activity or
student-related activity; (ii) whether the physical setting of
the event is conducive to control of liquor sales and
distribution; (iii) the ability of the event operator to
ensure that the sale or serving of alcoholic liquors and the
demeanor of the participants are in accordance with State law
and University policies; (iv) the anticipated attendees at the
event and the relative proportion of individuals under the age
of 21 to individuals age 21 or older; (v) the ability of the
venue operator to prevent the sale or distribution of
alcoholic liquors to individuals under the age of 21; (vi)

SB1797 - 396 - LRB103 03433 AMQ 48439 b
whether the event prohibits participants from removing
alcoholic beverages from the venue; and (vii) whether the
event prohibits participants from providing their own
alcoholic liquors to the venue.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of a public university for
events that the Board of Trustees of that public university
may determine are public events and not student-related
activities. If the Board of Trustees of a public university
has not issued a written policy pursuant to an exemption under
this Section on or before July 15, 2016 (the effective date of
Public Act 99-550), then that Board of Trustees shall issue a
written policy within 6 months after July 15, 2016 (the
effective date of Public Act 99-550) concerning the types of
events that would be eligible for an exemption. Thereafter,
the Board of Trustees may issue revised, updated, new, or
amended policies as it deems necessary and appropriate. In
preparing its written policy, the Board of Trustees shall, in
addition to other factors it considers relevant and important,
give consideration to the following: (i) whether the event is
a student activity or student-related activity; (ii) whether
the physical setting of the event is conducive to control of
liquor sales and distribution; (iii) the ability of the event
operator to ensure that the sale or serving of alcoholic
liquors and the demeanor of the participants are in accordance
with State law and University policies; (iv) the anticipated

SB1797 - 397 - LRB103 03433 AMQ 48439 b
attendees at the event and the relative proportion of
individuals under the age of 21 to individuals age 21 or older;
(v) the ability of the venue operator to prevent the sale or
distribution of alcoholic liquors to individuals under the age
of 21; (vi) whether the event prohibits participants from
removing alcoholic beverages from the venue; and (vii) whether
the event prohibits participants from providing their own
alcoholic liquors to the venue. As used in this paragraph,
"public university" means the University of Illinois, Illinois
State University, Chicago State University, Governors State
University, Southern Illinois University, Northern Illinois
University, Eastern Illinois University, Western Illinois
University, and Northeastern Illinois University.
Alcoholic liquors may be served or sold in buildings under
the control of the Board of Trustees of a community college
district for events that the Board of Trustees of that
community college district may determine are public events and
not student-related activities. The Board of Trustees shall
issue a written policy within 6 months after July 15, 2016 (the
effective date of Public Act 99-550) concerning the types of
events that would be eligible for an exemption. Thereafter,
the Board of Trustees may issue revised, updated, new, or
amended policies as it deems necessary and appropriate. In
preparing its written policy, the Board of Trustees shall, in
addition to other factors it considers relevant and important,
give consideration to the following: (i) whether the event is

SB1797 - 398 - LRB103 03433 AMQ 48439 b
a student activity or student-related activity; (ii) whether
the physical setting of the event is conducive to control of
liquor sales and distribution; (iii) the ability of the event
operator to ensure that the sale or serving of alcoholic
liquors and the demeanor of the participants are in accordance
with State law and community college district policies; (iv)
the anticipated attendees at the event and the relative
proportion of individuals under the age of 21 to individuals
age 21 or older; (v) the ability of the venue operator to
prevent the sale or distribution of alcoholic liquors to
individuals under the age of 21; (vi) whether the event
prohibits participants from removing alcoholic beverages from
the venue; and (vii) whether the event prohibits participants
from providing their own alcoholic liquors to the venue. This
paragraph does not apply to any community college district
authorized to sell or serve alcoholic liquor under any other
provision of this Section.
Alcoholic liquor may be delivered to and sold at retail in
the Dorchester Senior Business Center owned by the Village of
Dolton if the alcoholic liquor is sold or dispensed only in
connection with organized functions for which the planned
attendance is 20 or more persons, and if the person or facility
selling or dispensing the alcoholic liquor has provided dram
shop liability insurance in maximum limits so as to hold
harmless the Village of Dolton and the State from all
financial loss, damage and harm.

SB1797 - 399 - LRB103 03433 AMQ 48439 b
Alcoholic liquors may be delivered to and sold at retail
in any building used as an Illinois State Armory provided:
(i) the Adjutant General's written consent to the
issuance of a license to sell alcoholic liquor in such
building is filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only in
connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons; and
(iv) the facility selling or dispensing the alcoholic
liquors has provided dram shop liability insurance in
maximum limits so as to save harmless the facility and the
State from all financial loss, damage or harm.
Alcoholic liquors may be delivered to and sold at retail
in the Chicago Civic Center, provided that:
(i) the written consent of the Public Building
Commission which administers the Chicago Civic Center is
filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only in
connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons;
(iv) the facility selling or dispensing the alcoholic
liquors has provided dram shop liability insurance in

SB1797 - 400 - LRB103 03433 AMQ 48439 b
maximum limits so as to hold harmless the Civic Center,
the City of Chicago and the State from all financial loss,
damage or harm; and
(v) all applicable local ordinances are complied with.
Alcoholic liquors may be delivered or sold in any building
belonging to or under the control of any city, village or
incorporated town where more than 75% of the physical
properties of the building is used for commercial or
recreational purposes, and the building is located upon a pier
extending into or over the waters of a navigable lake or stream
or on the shore of a navigable lake or stream. In accordance
with a license issued under this Act, alcoholic liquor may be
sold, served, or delivered in buildings and facilities under
the control of the Department of Natural Resources during
events or activities lasting no more than 7 continuous days
upon the written approval of the Director of Natural Resources
acting as the controlling government authority. The Director
of Natural Resources may specify conditions on that approval,
including but not limited to requirements for insurance and
hours of operation. Notwithstanding any other provision of
this Act, alcoholic liquor sold by a United States Army Corps
of Engineers or Department of Natural Resources concessionaire
who was operating on June 1, 1991 for on-premises consumption
only is not subject to the provisions of Articles IV and IX.
Beer and wine may be sold on the premises of the Joliet Park
District Stadium owned by the Joliet Park District when

SB1797 - 401 - LRB103 03433 AMQ 48439 b
written consent to the issuance of a license to sell beer and
wine in such premises is filed with the local liquor
commissioner by the Joliet Park District. Beer and wine may be
sold in buildings on the grounds of State veterans' homes when
written consent to the issuance of a license to sell beer and
wine in such buildings is filed with the Commission by the
Department of Veterans' Affairs, and the facility shall
provide dram shop liability in maximum insurance coverage
limits so as to save the facility harmless from all financial
loss, damage or harm. Such liquors may be delivered to and sold
at any property owned or held under lease by a Metropolitan
Pier and Exposition Authority or Metropolitan Exposition and
Auditorium Authority.
Beer and wine may be sold and dispensed at professional
sporting events and at professional concerts and other
entertainment events conducted on premises owned by the Forest
Preserve District of Kane County, subject to the control of
the District Commissioners and applicable local law, provided
that dram shop liability insurance is provided at maximum
coverage limits so as to hold the District harmless from all
financial loss, damage and harm.
Nothing in this Section shall preclude the sale or
delivery of beer and wine at a State or county fair or the sale
or delivery of beer or wine at a city fair in any otherwise
lawful manner.
Alcoholic liquors may be sold at retail in buildings in

SB1797 - 402 - LRB103 03433 AMQ 48439 b
State parks under the control of the Department of Natural
Resources, provided:
a. the State park has overnight lodging facilities
with some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. (blank), and
c. the alcoholic liquors are sold by the State park
lodge or restaurant concessionaire only during the hours
from 11 o'clock a.m. until 12 o'clock midnight.
Notwithstanding any other provision of this Act, alcoholic
liquor sold by the State park or restaurant concessionaire
is not subject to the provisions of Articles IV and IX.
Alcoholic liquors may be sold at retail in buildings on
properties under the control of the Division of Historic
Preservation of the Department of Natural Resources or the
Abraham Lincoln Presidential Library and Museum provided:
a. the property has overnight lodging facilities with
some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with the
commission by the Division of Historic Preservation of the
Department of Natural Resources or the Abraham Lincoln
Presidential Library and Museum, and

SB1797 - 403 - LRB103 03433 AMQ 48439 b
c. the alcoholic liquors are sold by the lodge or
restaurant concessionaire only during the hours from 11
o'clock a.m. until 12 o'clock midnight.
The sale of alcoholic liquors pursuant to this Section
does not authorize the establishment and operation of
facilities commonly called taverns, saloons, bars, cocktail
lounges, and the like except as a part of lodge and restaurant
facilities in State parks or golf courses owned by Forest
Preserve Districts with a population of less than 3,000,000 or
municipalities or park districts.
Alcoholic liquors may be sold at retail in the Springfield
Administration Building of the Department of Transportation
and the Illinois State Armory in Springfield; provided, that
the controlling government authority may consent to such sales
only if
a. the request is from a not-for-profit organization;
b. such sales would not impede normal operations of
the departments involved;
c. the not-for-profit organization provides dram shop
liability in maximum insurance coverage limits and agrees
to defend, save harmless and indemnify the State of
Illinois from all financial loss, damage or harm;
d. no such sale shall be made during normal working
hours of the State of Illinois; and
e. the consent is in writing.
Alcoholic liquors may be sold at retail in buildings in

SB1797 - 404 - LRB103 03433 AMQ 48439 b
recreational areas of river conservancy districts under the
control of, or leased from, the river conservancy districts.
Such sales are subject to reasonable local regulations as
provided in Article IV; however, no such regulations may
prohibit or substantially impair the sale of alcoholic liquors
on Sundays or Holidays.
Alcoholic liquors may be provided in long term care
facilities owned or operated by a county under Division 5-21
or 5-22 of the Counties Code, when approved by the facility
operator and not in conflict with the regulations of the
Illinois Department of Public Health, to residents of the
facility who have had their consumption of the alcoholic
liquors provided approved in writing by a physician licensed
to practice medicine in all its branches.
Alcoholic liquors may be delivered to and dispensed in
State housing assigned to employees of the Department of
Corrections. No person shall furnish or allow to be furnished
any alcoholic liquors to any prisoner confined in any jail,
reformatory, prison or house of correction except upon a
physician's prescription for medicinal purposes.
Alcoholic liquors may be sold at retail or dispensed at
the Willard Ice Building in Springfield, at the State Library
in Springfield, and at Illinois State Museum facilities by (1)
an agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the

SB1797 - 405 - LRB103 03433 AMQ 48439 b
controlling government authority, or by (2) a not-for-profit
organization, provided that such organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at authorized functions.
The controlling government authority for the Willard Ice
Building in Springfield shall be the Director of the
Department of Revenue. The controlling government authority
for Illinois State Museum facilities shall be the Director of
the Illinois State Museum. The controlling government
authority for the State Library in Springfield shall be the
Secretary of State.

SB1797 - 406 - LRB103 03433 AMQ 48439 b
Alcoholic liquors may be delivered to and sold at retail
or dispensed at any facility, property or building under the
jurisdiction of the Division of Historic Preservation of the
Department of Natural Resources or the Abraham Lincoln
Presidential Library and Museum where the delivery, sale or
dispensing is by (1) an agency of the State, whether
legislative, judicial or executive, provided that such agency
first obtains written permission to sell or dispense alcoholic
liquors from a controlling government authority, or by (2) an
individual or organization provided that such individual or
organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal workings of State
offices or operations located at the facility, property or
building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity of the individual or
organization in the facility, property or building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.

SB1797 - 407 - LRB103 03433 AMQ 48439 b
The controlling government authority for the Division of
Historic Preservation of the Department of Natural Resources
shall be the Director of Natural Resources, and the
controlling government authority for the Abraham Lincoln
Presidential Library and Museum shall be the Executive
Director of the Abraham Lincoln Presidential Library and
Museum.
Alcoholic liquors may be delivered to and sold at retail
or dispensed for consumption at the Michael Bilandic Building
at 160 North LaSalle Street, Chicago IL 60601, after the
normal business hours of any child day care or child care
facility located in the building, by (1) a commercial tenant
or subtenant conducting business on the premises under a lease
made pursuant to Section 405-315 of the Department of Central
Management Services Law (20 ILCS 405/405-315), provided that
such tenant or subtenant who accepts delivery of, sells, or
dispenses alcoholic liquors shall procure and maintain dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, indemnify, and save
harmless the State of Illinois from all financial loss,
damage, or harm arising out of the delivery, sale, or
dispensing of alcoholic liquors, or by (2) an agency of the
State, whether legislative, judicial, or executive, provided
that such agency first obtains written permission to accept
delivery of and sell or dispense alcoholic liquors from the
Director of Central Management Services, or by (3) a

SB1797 - 408 - LRB103 03433 AMQ 48439 b
not-for-profit organization, provided that such organization:
a. obtains written consent from the Department of
Central Management Services;
b. accepts delivery of and sells or dispenses the
alcoholic liquors in a manner that does not impair normal
operations of State offices located in the building;
c. accepts delivery of and sells or dispenses
alcoholic liquors only in connection with an official
activity in the building; and
d. provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless, and
indemnify the State of Illinois from all financial loss,
damage, or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by the
Director of Central Management Services.
Alcoholic liquors may be sold at retail or dispensed at
the James R. Thompson Center in Chicago, subject to the
provisions of Section 7.4 of the State Property Control Act,
and 222 South College Street in Springfield, Illinois by (1) a
commercial tenant or subtenant conducting business on the
premises under a lease or sublease made pursuant to Section

SB1797 - 409 - LRB103 03433 AMQ 48439 b
405-315 of the Department of Central Management Services Law
(20 ILCS 405/405-315), provided that such tenant or subtenant
who sells or dispenses alcoholic liquors shall procure and
maintain dram shop liability insurance in maximum coverage
limits and in which the carrier agrees to defend, indemnify
and save harmless the State of Illinois from all financial
loss, damage or harm arising out of the sale or dispensing of
alcoholic liquors, or by (2) an agency of the State, whether
legislative, judicial or executive, provided that such agency
first obtains written permission to sell or dispense alcoholic
liquors from the Director of Central Management Services, or
by (3) a not-for-profit organization, provided that such
organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.

SB1797 - 410 - LRB103 03433 AMQ 48439 b
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by the
Director of Central Management Services.
Alcoholic liquors may be sold or delivered at any facility
owned by the Illinois Sports Facilities Authority provided
that dram shop liability insurance has been made available in
a form, with such coverage and in such amounts as the Authority
reasonably determines is necessary.
Alcoholic liquors may be sold at retail or dispensed at
the Rockford State Office Building by (1) an agency of the
State, whether legislative, judicial or executive, provided
that such agency first obtains written permission to sell or
dispense alcoholic liquors from the Department of Central
Management Services, or by (2) a not-for-profit organization,
provided that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and in

SB1797 - 411 - LRB103 03433 AMQ 48439 b
which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing of
alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by the
Department of Central Management Services.
Alcoholic liquors may be sold or delivered in a building
that is owned by McLean County, situated on land owned by the
county in the City of Bloomington, and used by the McLean
County Historical Society if the sale or delivery is approved
by an ordinance adopted by the county board, and the
municipality in which the building is located may not prohibit
that sale or delivery, notwithstanding any other provision of
this Section. The regulation of the sale and delivery of
alcoholic liquor in a building that is owned by McLean County,
situated on land owned by the county, and used by the McLean
County Historical Society as provided in this paragraph is an
exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution of the power of a home rule municipality
to regulate that sale and delivery.
Alcoholic liquors may be sold or delivered in any building
situated on land held in trust for any school district

SB1797 - 412 - LRB103 03433 AMQ 48439 b
organized under Article 34 of the School Code, if the building
is not used for school purposes and if the sale or delivery is
approved by the board of education.
Alcoholic liquors may be delivered to and sold at retail
in any building owned by a public library district, provided
that the delivery and sale is approved by the board of trustees
of that public library district and is limited to library
fundraising events or programs of a cultural or educational
nature. Before the board of trustees of a public library
district may approve the delivery and sale of alcoholic
liquors, the board of trustees of the public library district
must have a written policy that has been approved by the board
of trustees of the public library district governing when and
under what circumstances alcoholic liquors may be delivered to
and sold at retail on property owned by that public library
district. The written policy must (i) provide that no
alcoholic liquor may be sold, distributed, or consumed in any
area of the library accessible to the general public during
the event or program, (ii) prohibit the removal of alcoholic
liquor from the venue during the event, and (iii) require that
steps be taken to prevent the sale or distribution of
alcoholic liquor to persons under the age of 21. Any public
library district that has alcoholic liquor delivered to or
sold at retail on property owned by the public library
district shall provide dram shop liability insurance in
maximum insurance coverage limits so as to save harmless the

SB1797 - 413 - LRB103 03433 AMQ 48439 b
public library districts from all financial loss, damage, or
harm.
Alcoholic liquors may be sold or delivered in buildings
owned by the Community Building Complex Committee of Boone
County, Illinois if the person or facility selling or
dispensing the alcoholic liquor has provided dram shop
liability insurance with coverage and in amounts that the
Committee reasonably determines are necessary.
Alcoholic liquors may be sold or delivered in the building
located at 1200 Centerville Avenue in Belleville, Illinois and
occupied by either the Belleville Area Special Education
District or the Belleville Area Special Services Cooperative.
Alcoholic liquors may be delivered to and sold at the
Louis Joliet Renaissance Center, City Center Campus, located
at 214 N. Ottawa Street, Joliet, and the Food
Services/Culinary Arts Department facilities, Main Campus,
located at 1215 Houbolt Road, Joliet, owned by or under the
control of Joliet Junior College, Illinois Community College
District No. 525.
Alcoholic liquors may be delivered to and sold at Triton
College, Illinois Community College District No. 504.
Alcoholic liquors may be delivered to and sold at the
College of DuPage, Illinois Community College District No.
502.
Alcoholic liquors may be delivered to and sold on any
property owned, operated, or controlled by Lewis and Clark

SB1797 - 414 - LRB103 03433 AMQ 48439 b
Community College, Illinois Community College District No.
536.
Alcoholic liquors may be delivered to and sold at the
building located at 446 East Hickory Avenue in Apple River,
Illinois, owned by the Apple River Fire Protection District,
and occupied by the Apple River Community Association if the
alcoholic liquor is sold or dispensed only in connection with
organized functions approved by the Apple River Community
Association for which the planned attendance is 20 or more
persons and if the person or facility selling or dispensing
the alcoholic liquor has provided dram shop liability
insurance in maximum limits so as to hold harmless the Apple
River Fire Protection District, the Village of Apple River,
and the Apple River Community Association from all financial
loss, damage, and harm.
Alcoholic liquors may be delivered to and sold at the
Sikia Restaurant, Kennedy King College Campus, located at 740
West 63rd Street, Chicago, and at the Food Services in the
Great Hall/Washburne Culinary Institute Department facility,
Kennedy King College Campus, located at 740 West 63rd Street,
Chicago, owned by or under the control of City Colleges of
Chicago, Illinois Community College District No. 508.
(Source: P.A. 99-78, eff. 7-20-15; 99-484, eff. 10-30-15;
99-550, eff. 7-15-16; 99-559, eff. 7-15-16; 99-795, eff.
8-12-16; 100-120, eff. 8-18-17; 100-201, eff. 8-18-17;
100-695, eff. 8-3-18.)

SB1797 - 415 - LRB103 03433 AMQ 48439 b
Section 195. The Illinois Public Aid Code is amended by
changing Sections 5-19, 9-6, 9A-7, and 9A-11 as follows:
(305 ILCS 5/5-19) (from Ch. 23, par. 5-19)
Sec. 5-19. Healthy Kids Program.
(a) Any child under the age of 21 eligible to receive
Medical Assistance from the Illinois Department under Article
V of this Code shall be eligible for Early and Periodic
Screening, Diagnosis and Treatment services provided by the
Healthy Kids Program of the Illinois Department under the
Social Security Act, 42 U.S.C. 1396d(r).
(b) Enrollment of Children in Medicaid. The Illinois
Department shall provide for receipt and initial processing of
applications for Medical Assistance for all pregnant women and
children under the age of 21 at locations in addition to those
used for processing applications for cash assistance,
including disproportionate share hospitals, federally
qualified health centers and other sites as selected by the
Illinois Department.
(c) Healthy Kids Examinations. The Illinois Department
shall consider any examination of a child eligible for the
Healthy Kids services provided by a medical provider meeting
the requirements and complying with the rules and regulations
of the Illinois Department to be reimbursed as a Healthy Kids
examination.

SB1797 - 416 - LRB103 03433 AMQ 48439 b
(d) Medical Screening Examinations.
(1) The Illinois Department shall insure Medicaid
coverage for periodic health, vision, hearing, and dental
screenings for children eligible for Healthy Kids services
scheduled from a child's birth up until the child turns 21
years. The Illinois Department shall pay for vision,
hearing, dental and health screening examinations for any
child eligible for Healthy Kids services by qualified
providers at intervals established by Department rules.
(2) The Illinois Department shall pay for an
interperiodic health, vision, hearing, or dental screening
examination for any child eligible for Healthy Kids
services whenever an examination is:
(A) requested by a child's parent, guardian, or
custodian, or is determined to be necessary or
appropriate by social services, developmental, health,
or educational personnel; or
(B) necessary for enrollment in school; or
(C) necessary for enrollment in a licensed child
day care program, including Head Start; or
(D) necessary for placement in a licensed child
welfare facility, including a foster home, group home
or child care institution; or
(E) necessary for attendance at a camping program;
or
(F) necessary for participation in an organized

SB1797 - 417 - LRB103 03433 AMQ 48439 b
athletic program; or
(G) necessary for enrollment in an early childhood
education program recognized by the Illinois State
Board of Education; or
(H) necessary for participation in a Women,
Infant, and Children (WIC) program; or
(I) deemed appropriate by the Illinois Department.
(e) Minimum Screening Protocols For Periodic Health
Screening Examinations. Health Screening Examinations must
include the following services:
(1) Comprehensive Health and Development Assessment
including:
(A) Development/Mental Health/Psychosocial
Assessment; and
(B) Assessment of nutritional status including
tests for iron deficiency and anemia for children at
the following ages: 9 months, 2 years, 8 years, and 18
years;
(2) Comprehensive unclothed physical exam;
(3) Appropriate immunizations at a minimum, as
required by the Secretary of the U.S. Department of Health
and Human Services under 42 U.S.C. 1396d(r).
(4) Appropriate laboratory tests including blood lead
levels appropriate for age and risk factors.
(A) Anemia test.
(B) Sickle cell test.

SB1797 - 418 - LRB103 03433 AMQ 48439 b
(C) Tuberculin test at 12 months of age and every
1-2 years thereafter unless the treating health care
professional determines that testing is medically
contraindicated.
(D) Other -- The Illinois Department shall insure
that testing for HIV, drug exposure, and sexually
transmitted diseases is provided for as clinically
indicated.
(5) Health Education. The Illinois Department shall
require providers to provide anticipatory guidance as
recommended by the American Academy of Pediatrics.
(6) Vision Screening. The Illinois Department shall
require providers to provide vision screenings consistent
with those set forth in the Department of Public Health's
Administrative Rules.
(7) Hearing Screening. The Illinois Department shall
require providers to provide hearing screenings consistent
with those set forth in the Department of Public Health's
Administrative Rules.
(8) Dental Screening. The Illinois Department shall
require providers to provide dental screenings consistent
with those set forth in the Department of Public Health's
Administrative Rules.
(f) Covered Medical Services. The Illinois Department
shall provide coverage for all necessary health care,
diagnostic services, treatment and other measures to correct

SB1797 - 419 - LRB103 03433 AMQ 48439 b
or ameliorate defects, physical and mental illnesses, and
conditions whether discovered by the screening services or not
for all children eligible for Medical Assistance under Article
V of this Code.
(g) Notice of Healthy Kids Services.
(1) The Illinois Department shall inform any child
eligible for Healthy Kids services and the child's family
about the benefits provided under the Healthy Kids
Program, including, but not limited to, the following:
what services are available under Healthy Kids, including
discussion of the periodicity schedules and immunization
schedules, that services are provided at no cost to
eligible children, the benefits of preventive health care,
where the services are available, how to obtain them, and
that necessary transportation and scheduling assistance is
available.
(2) The Illinois Department shall widely disseminate
information regarding the availability of the Healthy Kids
Program throughout the State by outreach activities which
shall include, but not be limited to, (i) the development
of cooperation agreements with local school districts,
public health agencies, clinics, hospitals and other
health care providers, including developmental disability
and mental health providers, and with charities, to notify
the constituents of each of the Program and assist
individuals, as feasible, with applying for the Program,

SB1797 - 420 - LRB103 03433 AMQ 48439 b
(ii) using the media for public service announcements and
advertisements of the Program, and (iii) developing
posters advertising the Program for display in hospital
and clinic waiting rooms.
(3) The Illinois Department shall utilize accepted
methods for informing persons who are illiterate, blind,
deaf, or cannot understand the English language, including
but not limited to public services announcements and
advertisements in the foreign language media of radio,
television and newspapers.
(4) The Illinois Department shall provide notice of
the Healthy Kids Program to every child eligible for
Healthy Kids services and his or her family at the
following times:
(A) orally by the intake worker and in writing at
the time of application for Medical Assistance;
(B) at the time the applicant is informed that he
or she is eligible for Medical Assistance benefits;
and
(C) at least 20 days before the date of any
periodic health, vision, hearing, and dental
examination for any child eligible for Healthy Kids
services. Notice given under this subparagraph (C)
must state that a screening examination is due under
the periodicity schedules and must advise the eligible
child and his or her family that the Illinois

SB1797 - 421 - LRB103 03433 AMQ 48439 b
Department will provide assistance in scheduling an
appointment and arranging medical transportation.
(h) Data Collection. The Illinois Department shall collect
data in a usable form to track utilization of Healthy Kids
screening examinations by children eligible for Healthy Kids
services, including but not limited to data showing screening
examinations and immunizations received, a summary of
follow-up treatment received by children eligible for Healthy
Kids services and the number of children receiving dental,
hearing and vision services.
(i) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Code to reduce any
rate of reimbursement for services or other payments in
accordance with Section 5-5e.
(j) To ensure full access to the benefits set forth in this
Section, on and after January 1, 2022, the Illinois Department
shall ensure that provider and hospital reimbursements for
immunization as required under this Section are no lower than
70% of the median regional maximum administration fee for the
State of Illinois as established by the U.S. Department of
Health and Human Services' Centers for Medicare and Medicaid
Services.
(Source: P.A. 102-43, eff. 7-6-21.)
(305 ILCS 5/9-6) (from Ch. 23, par. 9-6)

SB1797 - 422 - LRB103 03433 AMQ 48439 b
Sec. 9-6. Job Search, Training and Work Programs. The
Illinois Department and local governmental units shall
initiate, promote and develop job search, training and work
programs which will provide employment for and contribute to
the training and experience of persons receiving aid under
Articles III, V, and VI.
The job search, training and work programs shall be
designed to preserve and improve the work habits and skills of
recipients for whom jobs are not otherwise immediately
available and to provide training and experience for
recipients who lack the skills required for such employment
opportunities as are or may become available. The Illinois
Department and local governmental unit shall determine by rule
those classes of recipients who shall be subject to
participation in such programs. If made subject to
participation, every applicant for or recipient of public aid
who is determined to be "able to engage in employment", as
defined by the Department or local governmental unit pursuant
to rules and regulations, for whom unsubsidized jobs are not
otherwise immediately available shall be required to
participate in any program established under this Section.
The Illinois Department shall establish with the Director
of Central Management Services an outreach and training
program designed to encourage and assist recipients
participating in job search, training and work programs to
participate in open competitive examinations for trainee and

SB1797 - 423 - LRB103 03433 AMQ 48439 b
other entry level positions to maximize opportunities for
placement on open competitive eligible listings and referral
to State agencies for employment consideration.
The Department shall provide payment for transportation,
child care day-care and Workers' Compensation costs which
occur for recipients as a result of participating in job
search, training and work programs as described in this
Section. The Department may decline to initiate such programs
in areas where eligible recipients would be so few in number as
to not economically justify such programs; and in this event
the Department shall not require persons in such areas to
participate in any job search, training, or work programs
whatsoever as a condition of their continued receipt of, or
application for, aid.
The programs may include, but shall not be limited to,
service in child care centers, in preschool programs as
teacher aides and in public health programs as home visitors
and health aides; the maintenance of or services required in
connection with public offices, buildings and grounds; state,
county and municipal hospitals, forest preserves, parks,
playgrounds, streets and highways, and other governmental
maintenance or construction directed toward environmental
improvement; and similar facilities.
The Illinois Department or local governmental units may
enter into agreements with local taxing bodies and private
not-for-profit organizations, agencies and institutions to

SB1797 - 424 - LRB103 03433 AMQ 48439 b
provide for the supervision and administration of job search,
work and training projects authorized by this Section. Such
agreements shall stipulate the requirements for utilization of
recipients in such projects. In addition to any other
requirements dealing with the administration of these
programs, the Department shall assure, pursuant to rules and
regulations, that:
(a) Recipients may not displace regular employees.
(b) The maximum number of hours of mandatory work is 8
hours per day and 40 hours per week, not to exceed 120
hours per month.
(c) The maximum number of hours per month shall be
determined by dividing the recipient's benefits by the
federal minimum wage, rounded to the lowest full hour.
"Recipient's benefits" in this subsection includes: (i)
both cash assistance and food stamps provided to the
entire assistance unit or household by the Illinois
Department where the job search, work and training program
is administered by the Illinois Department and, where
federal programs are involved, includes all such cash
assistance and food stamps provided to the greatest extent
allowed by federal law; or (ii) includes only cash
assistance provided to the entire assistance unit by the
local governmental unit where the job search, work and
training program is administered by the local governmental
unit.

SB1797 - 425 - LRB103 03433 AMQ 48439 b
(d) The recipient shall be provided or compensated for
transportation to and from the work location.
(e) Appropriate terms regarding recipient compensation
are met.
Local taxing bodies and private not-for-profit
organizations, agencies and institutions which utilize
recipients in job search, work and training projects
authorized by this Section are urged to include such
recipients in the formulation of their employment policies.
Unless directly paid by an employing local taxing body or
not-for-profit agency, a recipient participating in a work
project who meets all requirements set forth by the Illinois
Department shall receive credit towards his or her monthly
assistance benefits for work performed based upon the
applicable minimum wage rate. Where a recipient is paid
directly by an employing agency, the Illinois Department or
local governmental unit shall provide for payment to such
employing entity the appropriate amount of assistance benefits
to which the recipient would otherwise be entitled under this
Code.
The Illinois Department or its designee, including local
governmental units, may enter into agreements with the
agencies or institutions providing work under programs
established hereunder for payment to each such employer
(hereinafter called "public service employer") of all or a
portion of the wages to be paid to persons for the work

SB1797 - 426 - LRB103 03433 AMQ 48439 b
performed and other appropriate costs.
If the number of persons receiving aid under Article VI is
insufficient to justify the establishment of job search,
training and work programs on a local basis by a local
governmental unit, or if for other good cause the
establishment of a local program is impractical or
unwarranted, the local governmental unit shall cooperate with
other local governmental units, with civic and non-profit
community agencies, and with the Illinois Department in
developing a program or programs which will jointly serve the
participating governmental units and agencies.
A local governmental unit receiving State funds shall
refer all recipients able to engage in employment to such job
search, training and work programs as are established, whether
within or without the governmental unit, and as are accessible
to persons receiving aid from the governmental unit. The
Illinois Department shall withhold allocation of state funds
to any governmental unit which fails or refuses to make such
referrals.
Participants in job search, training and work programs
shall be required to maintain current registration for regular
employment under Section 11-10 and to accept any bona fide
offer of regular employment. They shall likewise be required
to accept education, work and training opportunities available
to them under other provisions of this Code or Federal law. The
Illinois Department or local governmental unit shall provide

SB1797 - 427 - LRB103 03433 AMQ 48439 b
by rule for periodic review of the circumstances of each
participant to determine the feasibility of his placement in
regular employment or other work, education and training
opportunities.
Moneys made available for public aid purposes under
Articles IV and VI may be expended to pay public service
employers all or a portion of the wages of public service
employees and other appropriate costs, to provide necessary
supervisory personnel and equipment, to purchase Workers'
Compensation Insurance or to pay Workers' Compensation claims,
and to provide transportation to and from work sites.
The Department shall provide through rules and regulations
for sanctions against applicants and recipients of aid under
this Code who fail to cooperate with the regulations and
requirements established pursuant to this Section. Such
sanctions may include the loss of eligibility to receive aid
under Article VI of this Code for up to 3 months.
The Department, in cooperation with a local governmental
unit, may maintain a roster of persons who are required to
participate in a local job search, training and work program.
In such cases, the roster shall be available for inspection by
employers for the selection of possible workers.
In addition to the programs authorized by this Section,
the Illinois Department is authorized to administer any job
search, training or work projects in conjunction with the
Federal Food Stamp Program, either under this Section or under

SB1797 - 428 - LRB103 03433 AMQ 48439 b
other regulations required by the Federal government.
The Illinois Department may also administer pilot programs
to provide job search, training and work programs to
unemployed parents of children receiving child support
enforcement services under Article X of this Code.
(Source: P.A. 92-111, eff. 1-1-02; 92-590, eff. 7-1-02.)
(305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
Sec. 9A-7. Good cause and pre-sanction process.
(a) The Department shall establish by rule what
constitutes good cause for failure to participate in
education, training and employment programs, failure to accept
suitable employment or terminating employment or reducing
earnings.
The Department shall establish, by rule, a pre-sanction
process to assist in resolving disputes over proposed
sanctions and in determining if good cause exists. Good cause
shall include, but not be limited to:
(1) temporary illness for its duration;
(2) court required appearance or temporary
incarceration;
(3) (blank);
(4) death in the family;
(5) (blank);
(6) (blank);
(7) (blank);

SB1797 - 429 - LRB103 03433 AMQ 48439 b
(8) (blank);
(9) extreme inclement weather;
(10) (blank);
(11) lack of any support service even though the
necessary service is not specifically provided under the
Department program, to the extent the lack of the needed
service presents a significant barrier to participation;
(12) if an individual is engaged in employment or
training or both that is consistent with the employment
related goals of the program, if such employment and
training is later approved by Department staff;
(13) (blank);
(14) failure of Department staff to correctly forward
the information to other Department staff;
(15) failure of the participant to cooperate because
of attendance at a test or a mandatory class or function at
an educational program (including college), when an
education or training program is officially approved by
the Department;
(16) failure of the participant due to his or her
illiteracy;
(17) failure of the participant because it is
determined that he or she should be in a different
activity;
(18) non-receipt by the participant of a notice
advising him or her of a participation requirement. If the

SB1797 - 430 - LRB103 03433 AMQ 48439 b
non-receipt of mail occurs frequently, the Department
shall explore an alternative means of providing notices of
participation requests to participants;
(19) (blank);
(20) non-comprehension of English, either written or
oral or both;
(21) (blank);
(22) (blank);
(23) child care (or adult day care for an
incapacitated individual living in the same home as a
dependent child) is necessary for the participation or
employment and such care is not available for a child
under age 13;
(24) failure to participate in an activity due to a
scheduled job interview, medical appointment for the
participant or a household member, or school appointment;
(25) if an individual or family is experiencing
homelessness; an individual or family is experiencing
homelessness if the individual or family: (i) lacks a
fixed, regular, and adequate nighttime residence, or
shares the housing of other persons due to the loss of
housing, economic hardship, or a similar reason; (ii) is
living in a motel, hotel, trailer park, or camping ground
due to the lack of alternative accommodations; (iii) is
living in an emergency or transitional shelter; (iv)
resides in a primary nighttime residence that is a public

SB1797 - 431 - LRB103 03433 AMQ 48439 b
or private place not designed for or ordinarily used as a
regular sleeping accommodation for human beings; or (v) is
living in a car, park, public space, abandoned building,
substandard housing, bus, train station, or similar
settings;
(26) circumstances beyond the control of the
participant which prevent the participant from completing
program requirements;
(27) (blank);
(28) if an individual or family receives an eviction
notice;
(29) if an individual's or family's utilities are
disconnected;
(30) if an individual or family receives an utility
disconnection notice; or
(31) if an individual is exiting a publicly funded
institution or system of care (such as a health-care
facility, a mental health facility, foster care or other
youth facility, or correction program or institution)
without an option to move to a fixed, adequate night time
residence.
(b) (Blank).
(c)(1) The Department shall establish a reconciliation
procedure to assist in resolving disputes related to any
aspect of participation, including exemptions, good cause,
sanctions or proposed sanctions, supportive services,

SB1797 - 432 - LRB103 03433 AMQ 48439 b
assessments, responsibility and service plans, assignment to
activities, suitability of employment, or refusals of offers
of employment. Through the reconciliation process the
Department shall have a mechanism to identify good cause,
ensure that the client is aware of the issue, and enable the
client to perform required activities without facing sanction.
(2) A participant may request reconciliation and receive
notice in writing of a meeting. At least one face-to-face
meeting may be scheduled to resolve misunderstandings or
disagreements related to program participation and situations
which may lead to a potential sanction. The meeting will
address the underlying reason for the dispute and plan a
resolution to enable the individual to participate in TANF
employment and work activity requirements.
(2.5) If the individual fails to appear at the
reconciliation meeting without good cause, the reconciliation
is unsuccessful and a sanction shall be imposed.
(3) The reconciliation process shall continue after it is
determined that the individual did not have good cause for
non-cooperation. Any necessary demonstration of cooperation on
the part of the participant will be part of the reconciliation
process. Failure to demonstrate cooperation will result in
immediate sanction.
(4) For the first instance of non-cooperation, if the
client reaches agreement to cooperate, the client shall be
allowed 30 days to demonstrate cooperation before any sanction

SB1797 - 433 - LRB103 03433 AMQ 48439 b
activity may be imposed. In any subsequent instances of
non-cooperation, the client shall be provided the opportunity
to show good cause or remedy the situation by immediately
complying with the requirement.
(5) The Department shall document in the case record the
proceedings of the reconciliation and provide the client in
writing with a reconciliation agreement.
(6) If reconciliation resolves the dispute, no sanction
shall be imposed. If the client fails to comply with the
reconciliation agreement, the Department shall then
immediately impose the original sanction. If the dispute
cannot be resolved during reconciliation, a sanction shall not
be imposed until the reconciliation process is complete.
(Source: P.A. 101-103, eff. 7-19-19.)
(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
Sec. 9A-11. Child care.
(a) The General Assembly recognizes that families with
children need child care in order to work. Child care is
expensive and families with low incomes, including those who
are transitioning from welfare to work, often struggle to pay
the costs of child day care. The General Assembly understands
the importance of helping low-income working families become
and remain self-sufficient. The General Assembly also believes
that it is the responsibility of families to share in the costs
of child care. It is also the preference of the General

SB1797 - 434 - LRB103 03433 AMQ 48439 b
Assembly that all working poor families should be treated
equally, regardless of their welfare status.
(b) To the extent resources permit, the Illinois
Department shall provide child care services to parents or
other relatives as defined by rule who are working or
participating in employment or Department approved education
or training programs. At a minimum, the Illinois Department
shall cover the following categories of families:
(1) recipients of TANF under Article IV participating
in work and training activities as specified in the
personal plan for employment and self-sufficiency;
(2) families transitioning from TANF to work;
(3) families at risk of becoming recipients of TANF;
(4) families with special needs as defined by rule;
(5) working families with very low incomes as defined
by rule;
(6) families that are not recipients of TANF and that
need child care assistance to participate in education and
training activities;
(7) youth in care, as defined in Section 4d of the
Children and Family Services Act, who are parents,
regardless of income or whether they are working or
participating in Department-approved employment or
education or training programs. Any family that receives
child care assistance in accordance with this paragraph
shall receive one additional 12-month child care

SB1797 - 435 - LRB103 03433 AMQ 48439 b
eligibility period after the parenting youth in care's
case with the Department of Children and Family Services
is closed, regardless of income or whether the parenting
youth in care is working or participating in
Department-approved employment or education or training
programs;
(8) families receiving Extended Family Support Program
services from the Department of Children and Family
Services, regardless of income or whether they are working
or participating in Department-approved employment or
education or training programs; and
(9) families with children under the age of 5 who have
an open intact family services case with the Department of
Children and Family Services. Any family that receives
child care assistance in accordance with this paragraph
shall remain eligible for child care assistance 6 months
after the child's intact family services case is closed,
regardless of whether the child's parents or other
relatives as defined by rule are working or participating
in Department approved employment or education or training
programs. The Department of Human Services, in
consultation with the Department of Children and Family
Services, shall adopt rules to protect the privacy of
families who are the subject of an open intact family
services case when such families enroll in child care
services. Additional rules shall be adopted to offer

SB1797 - 436 - LRB103 03433 AMQ 48439 b
children who have an open intact family services case the
opportunity to receive an Early Intervention screening and
other services that their families may be eligible for as
provided by the Department of Human Services.
Beginning October 1, 2023, and every October 1 thereafter,
the Department of Children and Family Services shall report to
the General Assembly on the number of children who received
child care via vouchers paid for by the Department of Children
and Family Services during the preceding fiscal year. The
report shall include the ages of children who received child
care, the type of child care they received, and the number of
months they received child care.
The Department shall specify by rule the conditions of
eligibility, the application process, and the types, amounts,
and duration of services. Eligibility for child care benefits
and the amount of child care provided may vary based on family
size, income, and other factors as specified by rule.
The Department shall update the Child Care Assistance
Program Eligibility Calculator posted on its website to
include a question on whether a family is applying for child
care assistance for the first time or is applying for a
redetermination of eligibility.
A family's eligibility for child care services shall be
redetermined no sooner than 12 months following the initial
determination or most recent redetermination. During the
12-month periods, the family shall remain eligible for child

SB1797 - 437 - LRB103 03433 AMQ 48439 b
care services regardless of (i) a change in family income,
unless family income exceeds 85% of State median income, or
(ii) a temporary change in the ongoing status of the parents or
other relatives, as defined by rule, as working or attending a
job training or educational program.
In determining income eligibility for child care benefits,
the Department annually, at the beginning of each fiscal year,
shall establish, by rule, one income threshold for each family
size, in relation to percentage of State median income for a
family of that size, that makes families with incomes below
the specified threshold eligible for assistance and families
with incomes above the specified threshold ineligible for
assistance. Through and including fiscal year 2007, the
specified threshold must be no less than 50% of the
then-current State median income for each family size.
Beginning in fiscal year 2008, the specified threshold must be
no less than 185% of the then-current federal poverty level
for each family size. Notwithstanding any other provision of
law or administrative rule to the contrary, beginning in
fiscal year 2019, the specified threshold for working families
with very low incomes as defined by rule must be no less than
185% of the then-current federal poverty level for each family
size. Notwithstanding any other provision of law or
administrative rule to the contrary, beginning in State fiscal
year 2022, the specified income threshold shall be no less
than 200% of the then-current federal poverty level for each

SB1797 - 438 - LRB103 03433 AMQ 48439 b
family size.
In determining eligibility for assistance, the Department
shall not give preference to any category of recipients or
give preference to individuals based on their receipt of
benefits under this Code.
Nothing in this Section shall be construed as conferring
entitlement status to eligible families.
The Illinois Department is authorized to lower income
eligibility ceilings, raise parent co-payments, create waiting
lists, or take such other actions during a fiscal year as are
necessary to ensure that child care benefits paid under this
Article do not exceed the amounts appropriated for those child
care benefits. These changes may be accomplished by emergency
rule under Section 5-45 of the Illinois Administrative
Procedure Act, except that the limitation on the number of
emergency rules that may be adopted in a 24-month period shall
not apply.
The Illinois Department may contract with other State
agencies or child care organizations for the administration of
child care services.
(c) Payment shall be made for child care that otherwise
meets the requirements of this Section and applicable
standards of State and local law and regulation, including any
requirements the Illinois Department promulgates by rule in
addition to the licensure requirements promulgated by the
Department of Children and Family Services and Fire Prevention

SB1797 - 439 - LRB103 03433 AMQ 48439 b
and Safety requirements promulgated by the Office of the State
Fire Marshal, and is provided in any of the following:
(1) a child care center which is licensed or exempt
from licensure pursuant to Section 2.09 of the Child Care
Act of 1969;
(2) a licensed child care home or home exempt from
licensing;
(3) a licensed group child care home;
(4) other types of child care, including child care
provided by relatives or persons living in the same home
as the child, as determined by the Illinois Department by
rule.
(c-5) Solely for the purposes of coverage under the
Illinois Public Labor Relations Act, child and day care home
providers, including licensed and license exempt,
participating in the Department's child care assistance
program shall be considered to be public employees and the
State of Illinois shall be considered to be their employer as
of January 1, 2006 (the effective date of Public Act 94-320),
but not before. The State shall engage in collective
bargaining with an exclusive representative of child and day
care home providers participating in the child care assistance
program concerning their terms and conditions of employment
that are within the State's control. Nothing in this
subsection shall be understood to limit the right of families
receiving services defined in this Section to select child and

SB1797 - 440 - LRB103 03433 AMQ 48439 b
day care home providers or supervise them within the limits of
this Section. The State shall not be considered to be the
employer of child and day care home providers for any purposes
not specifically provided in Public Act 94-320, including, but
not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Child and day care home providers shall not be covered by the
State Employees Group Insurance Act of 1971.
In according child and day care home providers and their
selected representative rights under the Illinois Public Labor
Relations Act, the State intends that the State action
exemption to application of federal and State antitrust laws
be fully available to the extent that their activities are
authorized by Public Act 94-320.
(d) The Illinois Department shall establish, by rule, a
co-payment scale that provides for cost sharing by families
that receive child care services, including parents whose only
income is from assistance under this Code. The co-payment
shall be based on family income and family size and may be
based on other factors as appropriate. Co-payments may be
waived for families whose incomes are at or below the federal
poverty level.
(d-5) The Illinois Department, in consultation with its
Child Care and Development Advisory Council, shall develop a
plan to revise the child care assistance program's co-payment
scale. The plan shall be completed no later than February 1,

SB1797 - 441 - LRB103 03433 AMQ 48439 b
2008, and shall include:
(1) findings as to the percentage of income that the
average American family spends on child care and the
relative amounts that low-income families and the average
American family spend on other necessities of life;
(2) recommendations for revising the child care
co-payment scale to assure that families receiving child
care services from the Department are paying no more than
they can reasonably afford;
(3) recommendations for revising the child care
co-payment scale to provide at-risk children with complete
access to Preschool for All and Head Start; and
(4) recommendations for changes in child care program
policies that affect the affordability of child care.
(e) (Blank).
(f) The Illinois Department shall, by rule, set rates to
be paid for the various types of child care. Child care may be
provided through one of the following methods:
(1) arranging the child care through eligible
providers by use of purchase of service contracts or
vouchers;
(2) arranging with other agencies and community
volunteer groups for non-reimbursed child care;
(3) (blank); or
(4) adopting such other arrangements as the Department
determines appropriate.

SB1797 - 442 - LRB103 03433 AMQ 48439 b
(f-1) Within 30 days after June 4, 2018 (the effective
date of Public Act 100-587), the Department of Human Services
shall establish rates for child care providers that are no
less than the rates in effect on January 1, 2018 increased by
4.26%.
(f-5) (Blank).
(g) Families eligible for assistance under this Section
shall be given the following options:
(1) receiving a child care certificate issued by the
Department or a subcontractor of the Department that may
be used by the parents as payment for child care and
development services only; or
(2) if space is available, enrolling the child with a
child care provider that has a purchase of service
contract with the Department or a subcontractor of the
Department for the provision of child care and development
services. The Department may identify particular priority
populations for whom they may request special
consideration by a provider with purchase of service
contracts, provided that the providers shall be permitted
to maintain a balance of clients in terms of household
incomes and families and children with special needs, as
defined by rule.
(Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;
102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff.
5-27-22.)

SB1797 - 443 - LRB103 03433 AMQ 48439 b
Section 200. The Abused and Neglected Child Reporting Act
is amended by changing Sections 2, 4, and 8.2 as follows:
(325 ILCS 5/2) (from Ch. 23, par. 2052)
Sec. 2. (a) The Illinois Department of Children and Family
Services shall, upon receiving reports made under this Act,
protect the health, safety, and best interests of the child in
all situations in which the child is vulnerable to child abuse
or neglect, offer protective services in order to prevent any
further harm to the child and to other children in the same
environment or family, stabilize the home environment, and
preserve family life whenever possible. Recognizing that
children also can be abused and neglected while living in
public or private residential agencies or institutions meant
to serve them, while attending child day care centers,
schools, or religious activities, or when in contact with
adults who are responsible for the welfare of the child at that
time, this Act also provides for the reporting and
investigation of child abuse and neglect in such instances. In
performing any of these duties, the Department may utilize
such protective services of voluntary agencies as are
available.
(b) The Department shall be responsible for receiving and
investigating reports of adult resident abuse or neglect under
the provisions of this Act.

SB1797 - 444 - LRB103 03433 AMQ 48439 b
(Source: P.A. 96-1446, eff. 8-20-10.)
(325 ILCS 5/4)
Sec. 4. Persons required to report; privileged
communications; transmitting false report.
(a) The following persons are required to immediately
report to the Department when they have reasonable cause to
believe that a child known to them in their professional or
official capacities may be an abused child or a neglected
child:
(1) Medical personnel, including any: physician
licensed to practice medicine in any of its branches
(medical doctor or doctor of osteopathy); resident;
intern; medical administrator or personnel engaged in the
examination, care, and treatment of persons; psychiatrist;
surgeon; dentist; dental hygienist; chiropractic
physician; podiatric physician; physician assistant;
emergency medical technician; physical therapist; physical
therapy assistant; occupational therapist; occupational
therapy assistant; acupuncturist; registered nurse;
licensed practical nurse; advanced practice registered
nurse; genetic counselor; respiratory care practitioner;
home health aide; or certified nursing assistant.
(2) Social services and mental health personnel,
including any: licensed professional counselor; licensed
clinical professional counselor; licensed social worker;

SB1797 - 445 - LRB103 03433 AMQ 48439 b
licensed clinical social worker; licensed psychologist or
assistant working under the direct supervision of a
psychologist; associate licensed marriage and family
therapist; licensed marriage and family therapist; field
personnel of the Departments of Healthcare and Family
Services, Public Health, Human Services, Human Rights, or
Children and Family Services; supervisor or administrator
of the General Assistance program established under
Article VI of the Illinois Public Aid Code; social
services administrator; or substance abuse treatment
personnel.
(3) Crisis intervention personnel, including any:
crisis line or hotline personnel; or domestic violence
program personnel.
(4) Education personnel, including any: school
personnel (including administrators and certified and
non-certified school employees); personnel of institutions
of higher education; educational advocate assigned to a
child in accordance with the School Code; member of a
school board or the Chicago Board of Education or the
governing body of a private school (but only to the extent
required under subsection (d)); or truant officer.
(5) Recreation or athletic program or facility
personnel; or an athletic trainer.
(6) Child care personnel, including any: early
intervention provider as defined in the Early Intervention

SB1797 - 446 - LRB103 03433 AMQ 48439 b
Services System Act; director or staff assistant of a
nursery school or a child day care center; or foster
parent, homemaker, or child care worker.
(7) Law enforcement personnel, including any: law
enforcement officer; field personnel of the Department of
Juvenile Justice; field personnel of the Department of
Corrections; probation officer; or animal control officer
or field investigator of the Department of Agriculture's
Bureau of Animal Health and Welfare.
(8) Any funeral home director; funeral home director
and embalmer; funeral home employee; coroner; or medical
examiner.
(9) Any member of the clergy.
(10) Any physician, physician assistant, registered
nurse, licensed practical nurse, medical technician,
certified nursing assistant, licensed social worker,
licensed clinical social worker, or licensed professional
counselor of any office, clinic, licensed behavior
analyst, licensed assistant behavior analyst, or any other
physical location that provides abortions, abortion
referrals, or contraceptives.
(b) When 2 or more persons who work within the same
workplace and are required to report under this Act share a
reasonable cause to believe that a child may be an abused or
neglected child, one of those reporters may be designated to
make a single report. The report shall include the names and

SB1797 - 447 - LRB103 03433 AMQ 48439 b
contact information for the other mandated reporters sharing
the reasonable cause to believe that a child may be an abused
or neglected child. The designated reporter must provide
written confirmation of the report to those mandated reporters
within 48 hours. If confirmation is not provided, those
mandated reporters are individually responsible for
immediately ensuring a report is made. Nothing in this Section
precludes or may be used to preclude any person from reporting
child abuse or child neglect.
(c)(1) As used in this Section, "a child known to them in
their professional or official capacities" means:
(A) the mandated reporter comes into contact with the
child in the course of the reporter's employment or
practice of a profession, or through a regularly scheduled
program, activity, or service;
(B) the mandated reporter is affiliated with an
agency, institution, organization, school, school
district, regularly established church or religious
organization, or other entity that is directly responsible
for the care, supervision, guidance, or training of the
child; or
(C) a person makes a specific disclosure to the
mandated reporter that an identifiable child is the victim
of child abuse or child neglect, and the disclosure
happens while the mandated reporter is engaged in his or
her employment or practice of a profession, or in a

SB1797 - 448 - LRB103 03433 AMQ 48439 b
regularly scheduled program, activity, or service.
(2) Nothing in this Section requires a child to come
before the mandated reporter in order for the reporter to make
a report of suspected child abuse or child neglect.
(d) If an allegation is raised to a school board member
during the course of an open or closed school board meeting
that a child who is enrolled in the school district of which he
or she is a board member is an abused child as defined in
Section 3 of this Act, the member shall direct or cause the
school board to direct the superintendent of the school
district or other equivalent school administrator to comply
with the requirements of this Act concerning the reporting of
child abuse. For purposes of this paragraph, a school board
member is granted the authority in his or her individual
capacity to direct the superintendent of the school district
or other equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse.
Notwithstanding any other provision of this Act, if an
employee of a school district has made a report or caused a
report to be made to the Department under this Act involving
the conduct of a current or former employee of the school
district and a request is made by another school district for
the provision of information concerning the job performance or
qualifications of the current or former employee because he or
she is an applicant for employment with the requesting school

SB1797 - 449 - LRB103 03433 AMQ 48439 b
district, the general superintendent of the school district to
which the request is being made must disclose to the
requesting school district the fact that an employee of the
school district has made a report involving the conduct of the
applicant or caused a report to be made to the Department, as
required under this Act. Only the fact that an employee of the
school district has made a report involving the conduct of the
applicant or caused a report to be made to the Department may
be disclosed by the general superintendent of the school
district to which the request for information concerning the
applicant is made, and this fact may be disclosed only in cases
where the employee and the general superintendent have not
been informed by the Department that the allegations were
unfounded. An employee of a school district who is or has been
the subject of a report made pursuant to this Act during his or
her employment with the school district must be informed by
that school district that if he or she applies for employment
with another school district, the general superintendent of
the former school district, upon the request of the school
district to which the employee applies, shall notify that
requesting school district that the employee is or was the
subject of such a report.
(e) Whenever such person is required to report under this
Act in his capacity as a member of the staff of a medical or
other public or private institution, school, facility or
agency, or as a member of the clergy, he shall make report

SB1797 - 450 - LRB103 03433 AMQ 48439 b
immediately to the Department in accordance with the
provisions of this Act and may also notify the person in charge
of such institution, school, facility or agency, or church,
synagogue, temple, mosque, or other religious institution, or
his designated agent that such report has been made. Under no
circumstances shall any person in charge of such institution,
school, facility or agency, or church, synagogue, temple,
mosque, or other religious institution, or his designated
agent to whom such notification has been made, exercise any
control, restraint, modification or other change in the report
or the forwarding of such report to the Department.
(f) In addition to the persons required to report
suspected cases of child abuse or child neglect under this
Section, any other person may make a report if such person has
reasonable cause to believe a child may be an abused child or a
neglected child.
(g) The privileged quality of communication between any
professional person required to report and his patient or
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for
failure to report as required by this Act or constitute
grounds for failure to share information or documents with the
Department during the course of a child abuse or neglect
investigation. If requested by the professional, the
Department shall confirm in writing that the information or
documents disclosed by the professional were gathered in the

SB1797 - 451 - LRB103 03433 AMQ 48439 b
course of a child abuse or neglect investigation.
The reporting requirements of this Act shall not apply to
the contents of a privileged communication between an attorney
and his or her client or to confidential information within
the meaning of Rule 1.6 of the Illinois Rules of Professional
Conduct relating to the legal representation of an individual
client.
A member of the clergy may claim the privilege under
Section 8-803 of the Code of Civil Procedure.
(h) Any office, clinic, or any other physical location
that provides abortions, abortion referrals, or contraceptives
shall provide to all office personnel copies of written
information and training materials about abuse and neglect and
the requirements of this Act that are provided to employees of
the office, clinic, or physical location who are required to
make reports to the Department under this Act, and instruct
such office personnel to bring to the attention of an employee
of the office, clinic, or physical location who is required to
make reports to the Department under this Act any reasonable
suspicion that a child known to him or her in his or her
professional or official capacity may be an abused child or a
neglected child.
(i) Any person who enters into employment on and after
July 1, 1986 and is mandated by virtue of that employment to
report under this Act, shall sign a statement on a form
prescribed by the Department, to the effect that the employee

SB1797 - 452 - LRB103 03433 AMQ 48439 b
has knowledge and understanding of the reporting requirements
of this Act. On and after January 1, 2019, the statement shall
also include information about available mandated reporter
training provided by the Department. The statement shall be
signed prior to commencement of the employment. The signed
statement shall be retained by the employer. The cost of
printing, distribution, and filing of the statement shall be
borne by the employer.
(j) Persons required to report child abuse or child
neglect as provided under this Section must complete an
initial mandated reporter training, including a section on
implicit bias, within 3 months of their date of engagement in a
professional or official capacity as a mandated reporter, or
within the time frame of any other applicable State law that
governs training requirements for a specific profession, and
at least every 3 years thereafter. The initial requirement
only applies to the first time they engage in their
professional or official capacity. In lieu of training every 3
years, medical personnel, as listed in paragraph (1) of
subsection (a), must meet the requirements described in
subsection (k).
The mandated reporter trainings shall be in-person or
web-based, and shall include, at a minimum, information on the
following topics: (i) indicators for recognizing child abuse
and child neglect, as defined under this Act; (ii) the process
for reporting suspected child abuse and child neglect in

SB1797 - 453 - LRB103 03433 AMQ 48439 b
Illinois as required by this Act and the required
documentation; (iii) responding to a child in a
trauma-informed manner; and (iv) understanding the response of
child protective services and the role of the reporter after a
call has been made. Child-serving organizations are encouraged
to provide in-person annual trainings.
The implicit bias section shall be in-person or web-based,
and shall include, at a minimum, information on the following
topics: (i) implicit bias and (ii) racial and ethnic
sensitivity. As used in this subsection, "implicit bias" means
the attitudes or internalized stereotypes that affect people's
perceptions, actions, and decisions in an unconscious manner
and that exist and often contribute to unequal treatment of
people based on race, ethnicity, gender identity, sexual
orientation, age, disability, and other characteristics. The
implicit bias section shall provide tools to adjust automatic
patterns of thinking and ultimately eliminate discriminatory
behaviors. During these trainings mandated reporters shall
complete the following: (1) a pretest to assess baseline
implicit bias levels; (2) an implicit bias training task; and
(3) a posttest to reevaluate bias levels after training. The
implicit bias curriculum for mandated reporters shall be
developed within one year after January 1, 2022 (the effective
date of Public Act 102-604) this amendatory Act of the 102nd
General Assembly and shall be created in consultation with
organizations demonstrating expertise and or experience in the

SB1797 - 454 - LRB103 03433 AMQ 48439 b
areas of implicit bias, youth and adolescent developmental
issues, prevention of child abuse, exploitation, and neglect,
culturally diverse family systems, and the child welfare
system.
The mandated reporter training, including a section on
implicit bias, shall be provided through the Department,
through an entity authorized to provide continuing education
for professionals licensed through the Department of Financial
and Professional Regulation, the State Board of Education, the
Illinois Law Enforcement Training Standards Board, or the
Illinois Department of State Police, or through an
organization approved by the Department to provide mandated
reporter training, including a section on implicit bias. The
Department must make available a free web-based training for
reporters.
Each mandated reporter shall report to his or her employer
and, when applicable, to his or her licensing or certification
board that he or she received the mandated reporter training.
The mandated reporter shall maintain records of completion.
Beginning January 1, 2021, if a mandated reporter receives
licensure from the Department of Financial and Professional
Regulation or the State Board of Education, and his or her
profession has continuing education requirements, the training
mandated under this Section shall count toward meeting the
licensee's required continuing education hours.
(k)(1) Medical personnel, as listed in paragraph (1) of

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subsection (a), who work with children in their professional
or official capacity, must complete mandated reporter training
at least every 6 years. Such medical personnel, if licensed,
must attest at each time of licensure renewal on their renewal
form that they understand they are a mandated reporter of
child abuse and neglect, that they are aware of the process for
making a report, that they know how to respond to a child in a
trauma-informed manner, and that they are aware of the role of
child protective services and the role of a reporter after a
call has been made.
(2) In lieu of repeated training, medical personnel, as
listed in paragraph (1) of subsection (a), who do not work with
children in their professional or official capacity, may
instead attest each time at licensure renewal on their renewal
form that they understand they are a mandated reporter of
child abuse and neglect, that they are aware of the process for
making a report, that they know how to respond to a child in a
trauma-informed manner, and that they are aware of the role of
child protective services and the role of a reporter after a
call has been made. Nothing in this paragraph precludes
medical personnel from completing mandated reporter training
and receiving continuing education credits for that training.
(l) The Department shall provide copies of this Act, upon
request, to all employers employing persons who shall be
required under the provisions of this Section to report under
this Act.

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(m) Any person who knowingly transmits a false report to
the Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the Criminal Code of
2012. A violation of this provision is a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, is guilty of a Class A misdemeanor for a
first violation and a Class 4 felony for a second or subsequent
violation; except that if the person acted as part of a plan or
scheme having as its object the prevention of discovery of an
abused or neglected child by lawful authorities for the
purpose of protecting or insulating any person or entity from
arrest or prosecution, the person is guilty of a Class 4 felony
for a first offense and a Class 3 felony for a second or
subsequent offense (regardless of whether the second or
subsequent offense involves any of the same facts or persons
as the first or other prior offense).
(n) A child whose parent, guardian or custodian in good
faith selects and depends upon spiritual means through prayer
alone for the treatment or cure of disease or remedial care may
be considered neglected or abused, but not for the sole reason
that his parent, guardian or custodian accepts and practices
such beliefs.
(o) A child shall not be considered neglected or abused
solely because the child is not attending school in accordance

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with the requirements of Article 26 of the School Code, as
amended.
(p) Nothing in this Act prohibits a mandated reporter who
reasonably believes that an animal is being abused or
neglected in violation of the Humane Care for Animals Act from
reporting animal abuse or neglect to the Department of
Agriculture's Bureau of Animal Health and Welfare.
(q) A home rule unit may not regulate the reporting of
child abuse or neglect in a manner inconsistent with the
provisions of this Section. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
(r) For purposes of this Section "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22;
102-861, eff. 1-1-23; 102-953, eff. 5-27-22; revised
12-14-22.)
(325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
Sec. 8.2. If the Child Protective Service Unit determines,
following an investigation made pursuant to Section 7.4 of
this Act, that there is credible evidence that the child is
abused or neglected, the Department shall assess the family's
need for services, and, as necessary, develop, with the

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family, an appropriate service plan for the family's voluntary
acceptance or refusal. In any case where there is evidence
that the perpetrator of the abuse or neglect has a substance
use disorder as defined in the Substance Use Disorder Act, the
Department, when making referrals for drug or alcohol abuse
services, shall make such referrals to facilities licensed by
the Department of Human Services or the Department of Public
Health. The Department shall comply with Section 8.1 by
explaining its lack of legal authority to compel the
acceptance of services and may explain its concomitant
authority to petition the Circuit court under the Juvenile
Court Act of 1987 or refer the case to the local law
enforcement authority or State's attorney for criminal
prosecution.
For purposes of this Act, the term "family preservation
services" refers to all services to help families, including
adoptive and extended families. Family preservation services
shall be offered, where safe and appropriate, to prevent the
placement of children in substitute care when the children can
be cared for at home or in the custody of the person
responsible for the children's welfare without endangering the
children's health or safety, to reunite them with their
families if so placed when reunification is an appropriate
goal, or to maintain an adoptive placement. The term
"homemaker" includes emergency caretakers, homemakers,
caretakers, housekeepers and chore services. The term

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"counseling" includes individual therapy, infant stimulation
therapy, family therapy, group therapy, self-help groups, drug
and alcohol abuse counseling, vocational counseling and
post-adoptive services. The term "child day care" includes
protective child day care and child day care to meet
educational, prevocational or vocational needs. The term
"emergency assistance and advocacy" includes coordinated
services to secure emergency cash, food, housing and medical
assistance or advocacy for other subsistence and family
protective needs.
Before July 1, 2000, appropriate family preservation
services shall, subject to appropriation, be included in the
service plan if the Department has determined that those
services will ensure the child's health and safety, are in the
child's best interests, and will not place the child in
imminent risk of harm. Beginning July 1, 2000, appropriate
family preservation services shall be uniformly available
throughout the State. The Department shall promptly notify
children and families of the Department's responsibility to
offer and provide family preservation services as identified
in the service plan. Such plans may include but are not limited
to: case management services; homemakers; counseling; parent
education; child day care; emergency assistance and advocacy
assessments; respite care; in-home health care; transportation
to obtain any of the above services; and medical assistance.
Nothing in this paragraph shall be construed to create a

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private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
Each Department field office shall maintain on a local
basis directories of services available to children and
families in the local area where the Department office is
located.
The Department shall refer children and families served
pursuant to this Section to private agencies and governmental
agencies, where available.
Incentives that discourage or reward a decision to provide
family preservation services after a report is indicated or a
decision to refer a child for the filing of a petition under
Article II of the Juvenile Court Act of 1987 are strictly
prohibited and shall not be included in any contract, quality
assurance, or performance review process. Incentives include,
but are not limited to, monetary benefits, contingencies, and
enhanced or diminished performance reviews for individuals or
agencies.
Any decision regarding whether to provide family

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preservation services after an indicated report or to refer a
child for the filing of a petition under Article II of the
Juvenile Court Act of 1987 shall be based solely on the child's
health, safety, and best interests and on any applicable law.
If a difference of opinion exists between a private agency and
the Department regarding whether to refer for the filing of a
petition under Article II of the Juvenile Court Act of 1987,
the case shall be referred to the Deputy Director of Child
Protection for review and determination.
Any Department employee responsible for reviewing
contracts or program plans who is aware of a violation of this
Section shall immediately refer the matter to the Inspector
General of the Department.
Where there are 2 equal proposals from both a
not-for-profit and a for-profit agency to provide services,
the Department shall give preference to the proposal from the
not-for-profit agency.
No service plan shall compel any child or parent to engage
in any activity or refrain from any activity which is not
reasonably related to remedying a condition or conditions that
gave rise or which could give rise to any finding of child
abuse or neglect.
(Source: P.A. 100-759, eff. 1-1-19; 101-528, eff. 8-23-19.)
Section 205. The Missing Children Records Act is amended
by changing Section 5 as follows:

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(325 ILCS 50/5) (from Ch. 23, par. 2285)
Sec. 5. Duties of school or other entity.
(a) Upon notification by the Illinois State Police of a
person's disappearance, a school, preschool educational
program, child care facility, or child day care home or group
child day care home in which the person is currently or was
previously enrolled shall flag the record of that person in
such a manner that whenever a copy of or information regarding
the record is requested, the school or other entity shall be
alerted to the fact that the record is that of a missing
person. The school or other entity shall immediately report to
the Illinois State Police any request concerning flagged
records or knowledge as to the whereabouts of any missing
person. Upon notification by the Illinois State Police that
the missing person has been recovered, the school or other
entity shall remove the flag from the person's record.
(b) (1) For every child enrolled in a particular
elementary or secondary school, public or private preschool
educational program, public or private child care facility
licensed under the Child Care Act of 1969, or child day care
home or group child day care home licensed under the Child Care
Act of 1969, that school or other entity shall notify in
writing the person enrolling the child that within 30 days he
must provide either (i) a certified copy of the child's birth
certificate or (ii) other reliable proof, as determined by the

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Illinois State Police, of the child's identity and age and an
affidavit explaining the inability to produce a copy of the
birth certificate. Other reliable proof of the child's
identity and age shall include a passport, visa or other
governmental documentation of the child's identity. When the
person enrolling the child provides the school or other entity
with a certified copy of the child's birth certificate, the
school or other entity shall promptly make a copy of the
certified copy for its records and return the original
certified copy to the person enrolling the child. Once a
school or other entity has been provided with a certified copy
of a child's birth certificate as required under item (i) of
this subdivision (b)(1), the school or other entity need not
request another such certified copy with respect to that child
for any other year in which the child is enrolled in that
school or other entity.
(2) Upon the failure of a person enrolling a child to
comply with subsection (b) (1), the school or other entity
shall immediately notify the Illinois State Police or local
law enforcement agency of such failure, and shall notify the
person enrolling the child in writing that he has 10
additional days to comply.
(3) The school or other entity shall immediately report to
the Illinois State Police any affidavit received pursuant to
this subsection which appears inaccurate or suspicious in form
or content.

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(c) Within 14 days after enrolling a transfer student, the
elementary or secondary school shall request directly from the
student's previous school a certified copy of his record. The
requesting school shall exercise due diligence in obtaining
the copy of the record requested. Any elementary or secondary
school requested to forward a copy of a transferring student's
record to the new school shall comply within 10 days of receipt
of the request unless the record has been flagged pursuant to
subsection (a), in which case the copy shall not be forwarded
and the requested school shall notify the Illinois State
Police or local law enforcement authority of the request.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 210. The Mental Health and Developmental
Disabilities Code is amended by changing Section 1-111 as
follows:
(405 ILCS 5/1-111) (from Ch. 91 1/2, par. 1-111)
Sec. 1-111. "Habilitation" means an effort directed toward
the alleviation of a developmental disability or toward
increasing a person with a developmental disability's level of
physical, mental, social or economic functioning. Habilitation
may include, but is not limited to, diagnosis, evaluation,
medical services, residential care, child care and adult day
care, special living arrangements, training, education,
sheltered employment, protective services, counseling and

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other services provided to persons with a developmental
disability by developmental disabilities facilities.
(Source: P.A. 88-380.)
Section 215. The Epinephrine Injector Act is amended by
changing Section 5 as follows:
(410 ILCS 27/5)
Sec. 5. Definitions. As used in this Act:
"Administer" means to directly apply an epinephrine
injector to the body of an individual.
"Authorized entity" means any entity or organization,
other than a school covered under Section 22-30 of the School
Code, in connection with or at which allergens capable of
causing anaphylaxis may be present, including, but not limited
to, independent contractors who provide student transportation
to schools, recreation camps, colleges and universities, child
day care facilities, youth sports leagues, amusement parks,
restaurants, sports arenas, and places of employment. The
Department shall, by rule, determine what constitutes a child
day care facility under this definition.
"Department" means the Department of Public Health.
"Epinephrine injector" includes an auto-injector approved
by the United States Food and Drug Administration for the
administration of epinephrine and a pre-filled syringe
approved by the United States Food and Drug Administration and

SB1797 - 466 - LRB103 03433 AMQ 48439 b
used for the administration of epinephrine that contains a
pre-measured dose of epinephrine that is equivalent to the
dosages used in an auto-injector.
"Health care practitioner" means a physician licensed to
practice medicine in all its branches under the Medical
Practice Act of 1987, a physician assistant under the
Physician Assistant Practice Act of 1987 with prescriptive
authority, or an advanced practice registered nurse with
prescribing authority under Article 65 of the Nurse Practice
Act.
"Pharmacist" has the meaning given to that term under
subsection (k-5) of Section 3 of the Pharmacy Practice Act.
"Undesignated epinephrine injector" means an epinephrine
injector prescribed in the name of an authorized entity.
(Source: P.A. 99-711, eff. 1-1-17; 100-513, eff. 1-1-18;
100-799, eff. 1-1-19.)
Section 220. The Lead Poisoning Prevention Act is amended
by changing Section 7.1 as follows:
(410 ILCS 45/7.1) (from Ch. 111 1/2, par. 1307.1)
Sec. 7.1. Requirements for child care facilities. Each
child day care center, child day care home, preschool, nursery
school, kindergarten, or other child care facility, licensed
or approved by the State, including such programs operated by
a public school district, shall include a requirement that

SB1797 - 467 - LRB103 03433 AMQ 48439 b
each parent or legal guardian of a child between one and 7
years of age provide a statement from a physician or health
care provider that the child has been assessed for risk of lead
poisoning or tested or both, as provided in Section 6.2. This
statement shall be provided prior to admission and
subsequently in conjunction with required physical
examinations.
Child care facilities that participate in the Illinois
Child Care Assistance Program (CCAP) shall annually send or
deliver to the parents or guardians of children enrolled in
the facility's care an informational pamphlet regarding
awareness of lead poisoning. Pamphlets shall be produced and
made available by the Department and shall be downloadable
from the Department's Internet website. The Department of
Human Services and the Department of Public Health shall
assist in the distribution of the pamphlet.
(Source: P.A. 98-690, eff. 1-1-15.)
Section 225. The Medical Patient Rights Act is amended by
changing Section 3.4 as follows:
(410 ILCS 50/3.4)
Sec. 3.4. Rights of women; pregnancy and childbirth.
(a) In addition to any other right provided under this
Act, every woman has the following rights with regard to
pregnancy and childbirth:

SB1797 - 468 - LRB103 03433 AMQ 48439 b
(1) The right to receive health care before, during,
and after pregnancy and childbirth.
(2) The right to receive care for her and her infant
that is consistent with generally accepted medical
standards.
(3) The right to choose a certified nurse midwife or
physician as her maternity care professional.
(4) The right to choose her birth setting from the
full range of birthing options available in her community.
(5) The right to leave her maternity care professional
and select another if she becomes dissatisfied with her
care, except as otherwise provided by law.
(6) The right to receive information about the names
of those health care professionals involved in her care.
(7) The right to privacy and confidentiality of
records, except as provided by law.
(8) The right to receive information concerning her
condition and proposed treatment, including methods of
relieving pain.
(9) The right to accept or refuse any treatment, to
the extent medically possible.
(10) The right to be informed if her caregivers wish
to enroll her or her infant in a research study in
accordance with Section 3.1 of this Act.
(11) The right to access her medical records in
accordance with Section 8-2001 of the Code of Civil

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Procedure.
(12) The right to receive information in a language in
which she can communicate in accordance with federal law.
(13) The right to receive emotional and physical
support during labor and birth.
(14) The right to freedom of movement during labor and
to give birth in the position of her choice, within
generally accepted medical standards.
(15) The right to contact with her newborn, except
where necessary care must be provided to the mother or
infant.
(16) The right to receive information about
breastfeeding.
(17) The right to decide collaboratively with
caregivers when she and her baby will leave the birth site
for home, based on their conditions and circumstances.
(18) The right to be treated with respect at all times
before, during, and after pregnancy by her health care
professionals.
(19) The right of each patient, regardless of source
of payment, to examine and receive a reasonable
explanation of her total bill for services rendered by her
maternity care professional or health care provider,
including itemized charges for specific services received.
Each maternity care professional or health care provider
shall be responsible only for a reasonable explanation of

SB1797 - 470 - LRB103 03433 AMQ 48439 b
those specific services provided by the maternity care
professional or health care provider.
(b) The Department of Public Health, Department of
Healthcare and Family Services, Department of Children and
Family Services, and Department of Human Services shall post,
either by physical or electronic means, information about
these rights on their publicly available websites. Every
health care provider, child day care center licensed under the
Child Care Act of 1969, Head Start, and community center shall
post information about these rights in a prominent place and
on their websites, if applicable.
(c) The Department of Public Health shall adopt rules to
implement this Section.
(d) Nothing in this Section or any rules adopted under
subsection (c) shall be construed to require a physician,
health care professional, hospital, hospital affiliate, or
health care provider to provide care inconsistent with
generally accepted medical standards or available capabilities
or resources.
(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)
Section 230. The Compassionate Use of Medical Cannabis
Program Act is amended by changing Sections 105 and 130 as
follows:
(410 ILCS 130/105)

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Sec. 105. Requirements; prohibitions; penalties for
cultivation centers.
(a) The operating documents of a registered cultivation
center shall include procedures for the oversight of the
cultivation center, a cannabis plant monitoring system
including a physical inventory recorded weekly, a cannabis
container system including a physical inventory recorded
weekly, accurate record keeping, and a staffing plan.
(b) A registered cultivation center shall implement a
security plan reviewed by the Illinois State Police and
including but not limited to: facility access controls,
perimeter intrusion detection systems, personnel
identification systems, 24-hour surveillance system to monitor
the interior and exterior of the registered cultivation center
facility and accessible to authorized law enforcement and the
Department of Agriculture in real-time.
(c) A registered cultivation center may not be located
within 2,500 feet of the property line of a pre-existing
public or private preschool or elementary or secondary school
or child day care center, child day care home, group child day
care home, part day child care facility, or an area zoned for
residential use.
(d) All cultivation of cannabis for distribution to a
registered dispensing organization must take place in an
enclosed, locked facility as it applies to cultivation centers
at the physical address provided to the Department of

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Agriculture during the registration process. The cultivation
center location shall only be accessed by the cultivation
center agents working for the registered cultivation center,
Department of Agriculture staff performing inspections,
Department of Public Health staff performing inspections, law
enforcement or other emergency personnel, and contractors
working on jobs unrelated to medical cannabis, such as
installing or maintaining security devices or performing
electrical wiring.
(e) A cultivation center may not sell or distribute any
cannabis to any individual or entity other than another
cultivation center, a dispensing organization registered under
this Act, or a laboratory licensed by the Department of
Agriculture.
(f) All harvested cannabis intended for distribution to a
dispensing organization must be packaged in a labeled medical
cannabis container and entered into a data collection system.
(g) No person who has been convicted of an excluded
offense may be a cultivation center agent.
(h) Registered cultivation centers are subject to random
inspection by the Illinois State Police.
(i) Registered cultivation centers are subject to random
inspections by the Department of Agriculture and the
Department of Public Health.
(j) A cultivation center agent shall notify local law
enforcement, the Illinois State Police, and the Department of

SB1797 - 473 - LRB103 03433 AMQ 48439 b
Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone or in-person, or by
written or electronic communication.
(k) A cultivation center shall comply with all State and
federal rules and regulations regarding the use of pesticides.
(Source: P.A. 101-363, eff. 8-9-19; 102-538, eff. 8-20-21.)
(410 ILCS 130/130)
Sec. 130. Requirements; prohibitions; penalties;
dispensing organizations.
(a) The Department of Financial and Professional
Regulation shall implement the provisions of this Section by
rule.
(b) A dispensing organization shall maintain operating
documents which shall include procedures for the oversight of
the registered dispensing organization and procedures to
ensure accurate recordkeeping.
(c) A dispensing organization shall implement appropriate
security measures, as provided by rule, to deter and prevent
the theft of cannabis and unauthorized entrance into areas
containing cannabis.
(d) A dispensing organization may not be located within
1,000 feet of the property line of a pre-existing public or
private preschool or elementary or secondary school or child
day care center, child day care home, group child day care
home, or part day child care facility. A registered dispensing

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organization may not be located in a house, apartment,
condominium, or an area zoned for residential use. This
subsection shall not apply to any dispensing organizations
registered on or after July 1, 2019.
(e) A dispensing organization is prohibited from acquiring
cannabis from anyone other than a cultivation center, craft
grower, processing organization, another dispensing
organization, or transporting organization licensed or
registered under this Act or the Cannabis Regulation and Tax
Act. A dispensing organization is prohibited from obtaining
cannabis from outside the State of Illinois.
(f) A registered dispensing organization is prohibited
from dispensing cannabis for any purpose except to assist
registered qualifying patients with the medical use of
cannabis directly or through the qualifying patients'
designated caregivers.
(g) The area in a dispensing organization where medical
cannabis is stored can only be accessed by dispensing
organization agents working for the dispensing organization,
Department of Financial and Professional Regulation staff
performing inspections, law enforcement or other emergency
personnel, and contractors working on jobs unrelated to
medical cannabis, such as installing or maintaining security
devices or performing electrical wiring.
(h) A dispensing organization may not dispense more than
2.5 ounces of cannabis to a registered qualifying patient,

SB1797 - 475 - LRB103 03433 AMQ 48439 b
directly or via a designated caregiver, in any 14-day period
unless the qualifying patient has a Department of Public
Health-approved quantity waiver. Any Department of Public
Health-approved quantity waiver process must be made available
to qualified veterans.
(i) Except as provided in subsection (i-5), before medical
cannabis may be dispensed to a designated caregiver or a
registered qualifying patient, a dispensing organization agent
must determine that the individual is a current cardholder in
the verification system and must verify each of the following:
(1) that the registry identification card presented to
the registered dispensing organization is valid;
(2) that the person presenting the card is the person
identified on the registry identification card presented
to the dispensing organization agent;
(3) (blank); and
(4) that the registered qualifying patient has not
exceeded his or her adequate supply.
(i-5) A dispensing organization may dispense medical
cannabis to an Opioid Alternative Pilot Program participant
under Section 62 and to a person presenting proof of
provisional registration under Section 55. Before dispensing
medical cannabis, the dispensing organization shall comply
with the requirements of Section 62 or Section 55, whichever
is applicable, and verify the following:
(1) that the written certification presented to the

SB1797 - 476 - LRB103 03433 AMQ 48439 b
registered dispensing organization is valid and an
original document;
(2) that the person presenting the written
certification is the person identified on the written
certification; and
(3) that the participant has not exceeded his or her
adequate supply.
(j) Dispensing organizations shall ensure compliance with
this limitation by maintaining internal, confidential records
that include records specifying how much medical cannabis is
dispensed to the registered qualifying patient and whether it
was dispensed directly to the registered qualifying patient or
to the designated caregiver. Each entry must include the date
and time the cannabis was dispensed. Additional recordkeeping
requirements may be set by rule.
(k) The health care professional-patient privilege as set
forth by Section 8-802 of the Code of Civil Procedure shall
apply between a qualifying patient and a registered dispensing
organization and its agents with respect to communications and
records concerning qualifying patients' debilitating
conditions.
(l) A dispensing organization may not permit any person to
consume cannabis on the property of a medical cannabis
organization.
(m) A dispensing organization may not share office space
with or refer patients to a certifying health care

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professional.
(n) Notwithstanding any other criminal penalties related
to the unlawful possession of cannabis, the Department of
Financial and Professional Regulation may revoke, suspend,
place on probation, reprimand, refuse to issue or renew, or
take any other disciplinary or non-disciplinary action as the
Department of Financial and Professional Regulation may deem
proper with regard to the registration of any person issued
under this Act to operate a dispensing organization or act as a
dispensing organization agent, including imposing fines not to
exceed $10,000 for each violation, for any violations of this
Act and rules adopted in accordance with this Act. The
procedures for disciplining a registered dispensing
organization shall be determined by rule. All final
administrative decisions of the Department of Financial and
Professional Regulation are subject to judicial review under
the Administrative Review Law and its rules. The term
"administrative decision" is defined as in Section 3-101 of
the Code of Civil Procedure.
(o) Dispensing organizations are subject to random
inspection and cannabis testing by the Department of Financial
and Professional Regulation, the Illinois State Police, the
Department of Revenue, the Department of Public Health, the
Department of Agriculture, or as provided by rule.
(p) The Department of Financial and Professional
Regulation shall adopt rules permitting returns, and potential

SB1797 - 478 - LRB103 03433 AMQ 48439 b
refunds, for damaged or inadequate products.
(q) The Department of Financial and Professional
Regulation may issue nondisciplinary citations for minor
violations which may be accompanied by a civil penalty not to
exceed $10,000 per violation. The penalty shall be a civil
penalty or other condition as established by rule. The
citation shall be issued to the licensee and shall contain the
licensee's name, address, and license number, a brief factual
statement, the Sections of the law or rule allegedly violated,
and the civil penalty, if any, imposed. The citation must
clearly state that the licensee may choose, in lieu of
accepting the citation, to request a hearing. If the licensee
does not dispute the matter in the citation with the
Department of Financial and Professional Regulation within 30
days after the citation is served, then the citation shall
become final and shall not be subject to appeal.
(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.)
Section 235. The Coal Tar Sealant Disclosure Act is
amended by changing Section 10 as follows:
(410 ILCS 170/10)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 10. Coal tar sealant disclosure; public schools.
(a) A public school, public school district, or child day

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care shall provide written or telephonic notification to
parents and guardians of students and employees prior to any
application of a coal-tar based sealant product or a high
polycyclic aromatic hydrocarbon sealant product. The written
notification:
(1) may be included in newsletters, bulletins,
calendars, or other correspondence currently published by
the school district or child day care center;
(2) must be given at least 10 business days before the
application and should identify the intended date and
location of the application of the coal-tar based sealant
product or high polycyclic aromatic hydrocarbon sealant;
(3) must include the name and telephone contact number
for the school or child day care center personnel
responsible for the application; and
(4) must include any health hazards associated with
coal tar-based sealant product or high polycyclic aromatic
hydrocarbon sealant product, as provided by a
corresponding safety data sheet.
(b) Notwithstanding any provision of this Act or any other
law to the contrary, a public school or public school district
that bids a pavement engineering project using a coal
tar-based sealant product or high polycyclic aromatic
hydrocarbon sealant product for pavement engineering-related
use shall request a bid with an alternative for asphalt-based
or latex-based sealant product as a part of the engineering

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project. The public school or public school district shall
consider whether asphalt-based or latex-based sealant product
should be used for the project based upon costs and life cycle
costs that regard preserving pavements, product warranties,
and the benefits to public health and safety.
(c) The Department, in consultation with the State Board
of Education, shall conduct outreach to public schools and
public school districts to provide guidance for compliance
with the provisions of this Act.
(d) On or before May 1, 2023, the Department and the State
Board of Education shall post on their websites guidance on
screening for coal tar-based sealant product or high
polycyclic aromatic hydrocarbon sealant product, requirements
for a request for proposals, and requirements for disclosure.
(Source: P.A. 102-242, eff. 1-1-23.)
Section 240. The Child Vision and Hearing Test Act is
amended by changing Section 3 as follows:
(410 ILCS 205/3) (from Ch. 23, par. 2333)
Sec. 3. Vision and hearing screening services shall be
administered to all children as early as possible, but no
later than their first year in any public or private education
program, licensed child day care center or residential
facility for children with disabilities; and periodically
thereafter, to identify those children with vision or hearing

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impairments or both so that such conditions can be managed or
treated.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 245. The Food Handling Regulation Enforcement Act
is amended by changing Section 3.06 as follows:
(410 ILCS 625/3.06)
Sec. 3.06. Food handler training; restaurants.
(a) For the purpose of this Section, "restaurant" means
any business that is primarily engaged in the sale of
ready-to-eat food for immediate consumption. "Primarily
engaged" means having sales of ready-to-eat food for immediate
consumption comprising at least 51% of the total sales,
excluding the sale of liquor.
(b) Unless otherwise provided, all food handlers employed
by a restaurant, other than someone holding a food service
sanitation manager certificate, must receive or obtain
American National Standards Institute-accredited training in
basic safe food handling principles within 30 days after
employment and every 3 years thereafter. Notwithstanding the
provisions of Section 3.05 of this Act, food handlers employed
in nursing homes, licensed child day care homes and
facilities, hospitals, schools, and long-term care facilities
must renew their training every 3 years. There is no limit to
how many times an employee may take the training. The training

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indicated in subsections (e) and (f) of this Section is
transferable between employers, but not individuals. The
training indicated in subsections (c) and (d) of this Section
is not transferable between individuals or employers. Proof
that a food handler has been trained must be available upon
reasonable request by a State or local health department
inspector and may be provided electronically.
(c) If a business with an internal training program is
approved in another state prior to the effective date of this
amendatory Act of the 98th General Assembly, then the
business's training program and assessment shall be
automatically approved by the Department upon the business
providing proof that the program is approved in said state.
(d) The Department shall approve the training program of
any multi-state business or a franchisee, as defined in the
Franchise Disclosure Act of 1987, of any multi-state business
with a plan that follows the guidelines in subsection (b) of
Section 3.05 of this Act and is on file with the Department by
August 1, 2017.
(e) If an entity uses an American National Standards
Institute food handler training accredited program, that
training program shall be automatically approved by the
Department.
(f) Certified local health departments in counties serving
jurisdictions with a population of 100,000 or less, as
reported by the U.S. Census Bureau in the 2010 Census of

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Population, may have a training program. The training program
must meet the requirements of Section 3.05(b) and be approved
by the Department. This Section notwithstanding, certified
local health departments in the following counties may have a
training program:
(1) a county with a population of 677,560 as reported
by the U.S. Census Bureau in the 2010 Census of
Population;
(2) a county with a population of 308,760 as reported
by the U.S. Census Bureau in the 2010 Census of
Population;
(3) a county with a population of 515,269 as reported
by the U.S. Census Bureau in the 2010 Census of
Population;
(4) a county with a population of 114,736 as reported
by the U.S. Census Bureau in the 2010 Census of
Population;
(5) a county with a population of 110,768 as reported
by the U.S. Census Bureau in the 2010 Census of
Population;
(6) a county with a population of 135,394 as reported
by the U.S. Census Bureau in the 2010 Census of
Population.
The certified local health departments in paragraphs (1)
through (6) of this subsection (f) must have their training
programs on file with the Department no later than 90 days

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after the effective date of this Act. Any modules that meet the
requirements of subsection (b) of Section 3.05 of this Act and
are not approved within 180 days after the Department's
receipt of the application of the entity seeking to conduct
the training shall automatically be considered approved by the
Department.
(g) Any and all documents, materials, or information
related to a restaurant or business food handler training
module submitted to the Department is confidential and shall
not be open to public inspection or dissemination and is
exempt from disclosure under Section 7 of the Freedom of
Information Act. Training may be conducted by any means
available, including, but not limited to, on-line, computer,
classroom, live trainers, remote trainers, and certified food
service sanitation managers. There must be at least one
commercially available, approved food handler training module
at a cost of no more than $15 per employee; if an approved food
handler training module is not available at that cost, then
the provisions of this Section 3.06 shall not apply.
(h) The regulation of food handler training is considered
to be an exclusive function of the State, and local regulation
is prohibited. This subsection (h) is a denial and limitation
of home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution.
(i) The provisions of this Section apply beginning July 1,
2014. From July 1, 2014 through December 31, 2014, enforcement

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of the provisions of this Section shall be limited to
education and notification of requirements to encourage
compliance.
(Source: P.A. 99-62, eff. 7-16-15; 99-78, eff. 7-20-15;
100-367, eff. 8-25-17.)
Section 250. The Environmental Protection Act is amended
by changing Section 17.12 as follows:
(415 ILCS 5/17.12)
Sec. 17.12. Lead service line replacement and
notification.
(a) The purpose of this Act is to: (1) require the owners
and operators of community water supplies to develop,
implement, and maintain a comprehensive water service line
material inventory and a comprehensive lead service line
replacement plan, provide notice to occupants of potentially
affected buildings before any construction or repair work on
water mains or lead service lines, and request access to
potentially affected buildings before replacing lead service
lines; and (2) prohibit partial lead service line
replacements, except as authorized within this Section.
(b) The General Assembly finds and declares that:
(1) There is no safe level of exposure to heavy metal
lead, as found by the United States Environmental
Protection Agency and the Centers for Disease Control and

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Prevention.
(2) Lead service lines can convey this harmful
substance to the drinking water supply.
(3) According to the Illinois Environmental Protection
Agency's 2018 Service Line Material Inventory, the State
of Illinois is estimated to have over 680,000 lead-based
service lines still in operation.
(4) The true number of lead service lines is not fully
known because Illinois lacks an adequate inventory of lead
service lines.
(5) For the general health, safety and welfare of its
residents, all lead service lines in Illinois should be
disconnected from the drinking water supply, and the
State's drinking water supply.
(c) In this Section:
"Advisory Board" means the Lead Service Line Replacement
Advisory Board created under subsection (x).
"Community water supply" has the meaning ascribed to it in
Section 3.145 of this Act.
"Department" means the Department of Public Health.
"Emergency repair" means any unscheduled water main, water
service, or water valve repair or replacement that results
from failure or accident.
"Fund" means the Lead Service Line Replacement Fund
created under subsection (bb).
"Lead service line" means a service line made of lead or

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service line connected to a lead pigtail, lead gooseneck, or
other lead fitting.
"Material inventory" means a water service line material
inventory developed by a community water supply under this
Act.
"Non-community water supply" has the meaning ascribed to
it in Section 3.145 of the Environmental Protection Act.
"NSF/ANSI Standard" means a water treatment standard
developed by NSF International.
"Partial lead service line replacement" means replacement
of only a portion of a lead service line.
"Potentially affected building" means any building that is
provided water service through a service line that is either a
lead service line or a suspected lead service line.
"Public water supply" has the meaning ascribed to it in
Section 3.365 of this Act.
"Service line" means the piping, tubing, and necessary
appurtenances acting as a conduit from the water main or
source of potable water supply to the building plumbing at the
first shut-off valve or 18 inches inside the building,
whichever is shorter.
"Suspected lead service line" means a service line that a
community water supply finds more likely than not to be made of
lead after completing the requirements under paragraphs (2)
through (5) of subsection (h).
"Small system" means a community water supply that

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regularly serves water to 3,300 or fewer persons.
(d) An owner or operator of a community water supply
shall:
(1) develop an initial material inventory by April 15,
2022 and electronically submit by April 15, 2023 an
updated material inventory electronically to the Agency;
and
(2) deliver a complete material inventory to the
Agency no later than April 15, 2024, or such time as
required by federal law, whichever is sooner. The complete
inventory shall report the composition of all service
lines in the community water supply's distribution system.
(e) The Agency shall review and approve the final material
inventory submitted to it under subsection (d).
(f) If a community water supply does not submit a complete
inventory to the Agency by April 15, 2024 under paragraph (2)
of subsection (d), the community water supply may apply for an
extension to the Agency no less than 3 months prior to the due
date. The Agency shall develop criteria for granting material
inventory extensions. When considering requests for extension,
the Agency shall, at a minimum, consider:
(1) the number of service connections in a water
supply; and
(2) the number of service lines of an unknown material
composition.
(g) A material inventory prepared for a community water

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supply under subsection (d) shall identify:
(1) the total number of service lines connected to the
community water supply's distribution system;
(2) the materials of construction of each service line
connected to the community water supply's distribution
system;
(3) the number of suspected lead service lines that
were newly identified in the material inventory for the
community water supply after the community water supply
last submitted a service line inventory to the Agency; and
(4) the number of suspected or known lead service
lines that were replaced after the community water supply
last submitted a service line inventory to the Agency, and
the material of the service line that replaced each lead
service line.
When identifying the materials of construction under
paragraph (2) of this subsection, the owner or operator of the
community water supply shall to the best of the owner's or
operator's ability identify the type of construction material
used on the customer's side of the curb box, meter, or other
line of demarcation and the community water supply's side of
the curb box, meter, or other line of demarcation.
(h) In completing a material inventory under subsection
(d), the owner or operator of a community water supply shall:
(1) prioritize inspections of high-risk areas
identified by the community water supply and inspections

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of high-risk facilities, such as preschools, child day
care centers, child day care homes, group child day care
homes, parks, playgrounds, hospitals, and clinics, and
confirm service line materials in those areas and at those
facilities;
(2) review historical documentation, such as
construction logs or cards, as-built drawings, purchase
orders, and subdivision plans, to determine service line
material construction;
(3) when conducting distribution system maintenance,
visually inspect service lines and document materials of
construction;
(4) identify any time period when the service lines
being connected to its distribution system were primarily
lead service lines, if such a time period is known or
suspected; and
(5) discuss service line repair and installation with
its employees, contractors, plumbers, other workers who
worked on service lines connected to its distribution
system, or all of the above.
(i) The owner or operator of each community water supply
shall maintain records of persons who refuse to grant access
to the interior of a building for purposes of identifying the
materials of construction of a service line. If a community
water supply has been denied access on the property or to the
interior of a building for that reason, then the community

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water supply shall attempt to identify the service line as a
suspected lead service line, unless documentation is provided
showing otherwise.
(j) If a community water supply identifies a lead service
line connected to a building, the owner or operator of the
community water supply shall attempt to notify the owner of
the building and all occupants of the building of the
existence of the lead service line within 15 days after
identifying the lead service line, or as soon as is reasonably
possible thereafter. Individual written notice shall be given
according to the provisions of subsection (jj).
(k) An owner or operator of a community water supply has no
duty to include in the material inventory required under
subsection (d) information about service lines that are
physically disconnected from a water main in its distribution
system.
(l) The owner or operator of each community water supply
shall post on its website a copy of the most recently submitted
material inventory or alternatively may request that the
Agency post a copy of that material inventory on the Agency's
website.
(m) Nothing in this Section shall be construed to require
service lines to be unearthed for the sole purpose of
inventorying.
(n) When an owner or operator of a community water supply
awards a contract under this Section, the owner or operator

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shall make a good faith effort to use contractors and vendors
owned by minority persons, women, and persons with a
disability, as those terms are defined in Section 2 of the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act, for not less than 20% of the total
contracts, provided that:
(1) contracts representing at least 11% of the total
projects shall be awarded to minority-owned businesses, as
defined in Section 2 of the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act;
(2) contracts representing at least 7% of the total
projects shall be awarded to women-owned businesses, as
defined in Section 2 of the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act; and
(3) contracts representing at least 2% of the total
projects shall be awarded to businesses owned by persons
with a disability.
Owners or operators of a community water supply are
encouraged to divide projects, whenever economically feasible,
into contracts of smaller size that ensure small business
contractors or vendors shall have the ability to qualify in
the applicable bidding process, when determining the ability
to deliver on a given contract based on scope and size, as a
responsible and responsive bidder.
When a contractor or vendor submits a bid or letter of
intent in response to a request for proposal or other bid

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submission, the contractor or vendor shall include with its
responsive documents a utilization plan that shall address how
compliance with applicable good faith requirements set forth
in this subsection shall be addressed.
Under this subsection, "good faith effort" means a
community water supply has taken all necessary steps to comply
with the goals of this subsection by complying with the
following:
(1) Soliciting through reasonable and available means
the interest of a business, as defined in Section 2 of the
Business Enterprise for Minorities, Women, and Persons
with Disabilities Act, that have the capability to perform
the work of the contract. The community water supply must
solicit this interest within sufficient time to allow
certified businesses to respond.
(2) Providing interested certified businesses with
adequate information about the plans, specifications, and
requirements of the contract, including addenda, in a
timely manner to assist them in responding to the
solicitation.
(3) Meeting in good faith with interested certified
businesses that have submitted bids.
(4) Effectively using the services of the State,
minority or women community organizations, minority or
women contractor groups, local, State, and federal
minority or women business assistance offices, and other

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organizations to provide assistance in the recruitment and
placement of certified businesses.
(5) Making efforts to use appropriate forums for
purposes of advertising subcontracting opportunities
suitable for certified businesses.
The diversity goals defined in this subsection can be met
through direct award to diverse contractors and through the
use of diverse subcontractors and diverse vendors to
contracts.
(o) An owner or operator of a community water supply shall
collect data necessary to ensure compliance with subsection
(n) no less than semi-annually and shall include progress
toward compliance of subsection (n) in the owner or operator's
report required under subsection (t-5). The report must
include data on vendor and employee diversity, including data
on the owner's or operator's implementation of subsection (n).
(p) Every owner or operator of a community water supply
that has known or suspected lead service lines shall:
(1) create a plan to:
(A) replace each lead service line connected to
its distribution system; and
(B) replace each galvanized service line connected
to its distribution system, if the galvanized service
line is or was connected downstream to lead piping;
and
(2) electronically submit, by April 15, 2024 its

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initial lead service line replacement plan to the Agency;
(3) electronically submit by April 15 of each year
after 2024 until April 15, 2027 an updated lead service
line replacement plan to the Agency for review; the
updated replacement plan shall account for changes in the
number of lead service lines or unknown service lines in
the material inventory described in subsection (d);
(4) electronically submit by April 15, 2027 a complete
and final replacement plan to the Agency for approval; the
complete and final replacement plan shall account for all
known and suspected lead service lines documented in the
final material inventory described under paragraph (3) of
subsection (d); and
(5) post on its website a copy of the plan most
recently submitted to the Agency or may request that the
Agency post a copy of that plan on the Agency's website.
(q) Each plan required under paragraph (1) of subsection
(p) shall include the following:
(1) the name and identification number of the
community water supply;
(2) the total number of service lines connected to the
distribution system of the community water supply;
(3) the total number of suspected lead service lines
connected to the distribution system of the community
water supply;
(4) the total number of known lead service lines

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connected to the distribution system of the community
water supply;
(5) the total number of lead service lines connected
to the distribution system of the community water supply
that have been replaced each year beginning in 2020;
(6) a proposed lead service line replacement schedule
that includes one-year, 5-year, 10-year, 15-year, 20-year,
25-year, and 30-year goals;
(7) an analysis of costs and financing options for
replacing the lead service lines connected to the
community water supply's distribution system, which shall
include, but shall not be limited to:
(A) a detailed accounting of costs associated with
replacing lead service lines and galvanized lines that
are or were connected downstream to lead piping;
(B) measures to address affordability and prevent
service shut-offs for customers or ratepayers; and
(C) consideration of different scenarios for
structuring payments between the utility and its
customers over time; and
(8) a plan for prioritizing high-risk facilities, such
as preschools, child day care centers, child day care
homes, group child day care homes, parks, playgrounds,
hospitals, and clinics, as well as high-risk areas
identified by the community water supply;
(9) a map of the areas where lead service lines are

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expected to be found and the sequence with which those
areas will be inventoried and lead service lines replaced;
(10) measures for how the community water supply will
inform the public of the plan and provide opportunity for
public comment; and
(11) measures to encourage diversity in hiring in the
workforce required to implement the plan as identified
under subsection (n).
(r) The Agency shall review final plans submitted to it
under subsection (p). The Agency shall approve a final plan if
the final plan includes all of the elements set forth under
subsection (q) and the Agency determines that:
(1) the proposed lead service line replacement
schedule set forth in the plan aligns with the timeline
requirements set forth under subsection (v);
(2) the plan prioritizes the replacement of lead
service lines that provide water service to high-risk
facilities, such as preschools, child day care centers,
child day care homes, group child day care homes, parks,
playgrounds, hospitals, and clinics, and high-risk areas
identified by the community water supply;
(3) the plan includes analysis of cost and financing
options; and
(4) the plan provides documentation of public review.
(s) An owner or operator of a community water supply has no
duty to include in the plans required under subsection (p)

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information about service lines that are physically
disconnected from a water main in its distribution system.
(t) If a community water supply does not deliver a
complete plan to the Agency by April 15, 2027, the community
water supply may apply to the Agency for an extension no less
than 3 months prior to the due date. The Agency shall develop
criteria for granting plan extensions. When considering
requests for extension, the Agency shall, at a minimum,
consider:
(1) the number of service connections in a water
supply; and
(2) the number of service lines of an unknown material
composition.
(t-5) After the Agency has approved the final replacement
plan described in subsection (p), the owner or operator of a
community water supply shall submit a report detailing
progress toward plan goals to the Agency for its review. The
report shall be submitted annually for the first 10 years, and
every 3 years thereafter until all lead service lines have
been replaced. Reports under this subsection shall be
published in the same manner described in subsection (l). The
report shall include at least the following information as it
pertains to the preceding reporting period:
(1) The number of lead service lines replaced and the
average cost of lead service line replacement.
(2) Progress toward meeting hiring requirements as

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described in subsection (n) and subsection (o).
(3) The percent of customers electing a waiver
offered, as described in subsections (ii) and (jj), among
those customers receiving a request or notification to
perform a lead service line replacement.
(4) The method or methods used by the community water
supply to finance lead service line replacement.
(u) Notwithstanding any other provision of law, in order
to provide for costs associated with lead service line
remediation and replacement, the corporate authorities of a
municipality may, by ordinance or resolution by the corporate
authorities, exercise authority provided in Section 27-5 et
seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,
8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,
11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes
levied for this purpose shall be in addition to taxes for
general purposes authorized under Section 8-3-1 of the
Illinois Municipal Code and shall be included in the taxing
district's aggregate extension for the purposes of Division 5
of Article 18 of the Property Tax Code.
(v) Every owner or operator of a community water supply
shall replace all known lead service lines, subject to the
requirements of subsection (ff), according to the following
replacement rates and timelines to be calculated from the date
of submission of the final replacement plan to the Agency:
(1) A community water supply reporting 1,200 or fewer

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lead service lines in its final inventory and replacement
plan shall replace all lead service lines, at an annual
rate of no less than 7% of the amount described in the
final inventory, with a timeline of up to 15 years for
completion.
(2) A community water supply reporting more than 1,200
but fewer than 5,000 lead service lines in its final
inventory and replacement plan shall replace all lead
service lines, at an annual rate of no less than 6% of the
amount described in the final inventory, with a timeline
of up to 17 years for completion.
(3) A community water supply reporting more than 4,999
but fewer than 10,000 lead service lines in its final
inventory and replacement plan shall replace all lead
service lines, at an annual rate of no less than 5% of the
amount described in the final inventory, with a timeline
of up to 20 years for completion.
(4) A community water supply reporting more than 9,999
but fewer than 99,999 lead service lines in its final
inventory and replacement plan shall replace all lead
service lines, at an annual rate of no less than 3% of the
amount described in the final inventory, with a timeline
of up to 34 years for completion.
(5) A community water supply reporting more than
99,999 lead service lines in its final inventory and
replacement plan shall replace all lead service lines, at

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an annual rate of no less than 2% of the amount described
in the final inventory, with a timeline of up to 50 years
for completion.
(w) A community water supply may apply to the Agency for an
extension to the replacement timelines described in paragraphs
(1) through (5) of subsection (v). The Agency shall develop
criteria for granting replacement timeline extensions. When
considering requests for timeline extensions, the Agency
shall, at a minimum, consider:
(1) the number of service connections in a water
supply; and
(2) unusual circumstances creating hardship for a
community.
The Agency may grant one extension of additional time
equal to not more than 20% of the original replacement
timeline, except in situations of extreme hardship in which
the Agency may consider a second additional extension equal to
not more than 10% of the original replacement timeline.
Replacement rates and timelines shall be calculated from
the date of submission of the final plan to the Agency.
(x) The Lead Service Line Replacement Advisory Board is
created within the Agency. The Advisory Board shall convene
within 120 days after January 1, 2022 (the effective date of
Public Act 102-613).
The Advisory Board shall consist of at least 28 voting
members, as follows:

SB1797 - 502 - LRB103 03433 AMQ 48439 b
(1) the Director of the Agency, or his or her
designee, who shall serve as chairperson;
(2) the Director of Revenue, or his or her designee;
(3) the Director of Public Health, or his or her
designee;
(4) fifteen members appointed by the Agency as
follows:
(A) one member representing a statewide
organization of municipalities as authorized by
Section 1-8-1 of the Illinois Municipal Code;
(B) two members who are mayors representing
municipalities located in any county south of the
southernmost county represented by one of the 10
largest municipalities in Illinois by population, or
their respective designees;
(C) two members who are representatives from
public health advocacy groups;
(D) two members who are representatives from
publicly-owned water utilities;
(E) one member who is a representative from a
public utility as defined under Section 3-105 of the
Public Utilities Act that provides water service in
the State of Illinois;
(F) one member who is a research professional
employed at an Illinois academic institution and
specializing in water infrastructure research;

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(G) two members who are representatives from
nonprofit civic organizations;
(H) one member who is a representative from a
statewide organization representing environmental
organizations;
(I) two members who are representatives from
organized labor; and
(J) one member representing an environmental
justice organization; and
(5) ten members who are the mayors of the 10 largest
municipalities in Illinois by population, or their
respective designees.
No less than 10 of the 28 voting members shall be persons
of color, and no less than 3 shall represent communities
defined or self-identified as environmental justice
communities.
Advisory Board members shall serve without compensation,
but may be reimbursed for necessary expenses incurred in the
performance of their duties from funds appropriated for that
purpose. The Agency shall provide administrative support to
the Advisory Board.
The Advisory Board shall meet no less than once every 6
months.
(y) The Advisory Board shall have, at a minimum, the
following duties:
(1) advising the Agency on best practices in lead

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service line replacement;
(2) reviewing the progress of community water supplies
toward lead service line replacement goals;
(3) advising the Agency on other matters related to
the administration of the provisions of this Section;
(4) advising the Agency on the integration of existing
lead service line replacement plans with any statewide
plan; and
(5) providing technical support and practical
expertise in general.
(z) Within 18 months after January 1, 2022 (the effective
date of Public Act 102-613), the Advisory Board shall deliver
a report of its recommendations to the Governor and the
General Assembly concerning opportunities for dedicated,
long-term revenue options for funding lead service line
replacement. In submitting recommendations, the Advisory Board
shall consider, at a minimum, the following:
(1) the sufficiency of various revenue sources to
adequately fund replacement of all lead service lines in
Illinois;
(2) the financial burden, if any, on households
falling below 150% of the federal poverty limit;
(3) revenue options that guarantee low-income
households are protected from rate increases;
(4) an assessment of the ability of community water
supplies to assess and collect revenue;

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(5) variations in financial resources among individual
households within a service area; and
(6) the protection of low-income households from rate
increases.
(aa) Within 10 years after January 1, 2022 (the effective
date of Public Act 102-613), the Advisory Board shall prepare
and deliver a report to the Governor and General Assembly
concerning the status of all lead service line replacement
within the State.
(bb) The Lead Service Line Replacement Fund is created as
a special fund in the State treasury to be used by the Agency
for the purposes provided under this Section. The Fund shall
be used exclusively to finance and administer programs and
activities specified under this Section and listed under this
subsection.
The objective of the Fund is to finance activities
associated with identifying and replacing lead service lines,
build Agency capacity to oversee the provisions of this
Section, and provide related assistance for the activities
listed under this subsection.
The Agency shall be responsible for the administration of
the Fund and shall allocate moneys on the basis of priorities
established by the Agency through administrative rule. On July
1, 2022 and on July 1 of each year thereafter, the Agency shall
determine the available amount of resources in the Fund that
can be allocated to the activities identified under this

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Section and shall allocate the moneys accordingly.
Notwithstanding any other law to the contrary, the Lead
Service Line Replacement Fund is not subject to sweeps,
administrative charge-backs, or any other fiscal maneuver that
would in any way transfer any amounts from the Lead Service
Line Replacement Fund into any other fund of the State.
(cc) Within one year after January 1, 2022 (the effective
date of Public Act 102-613), the Agency shall design rules for
a program for the purpose of administering lead service line
replacement funds. The rules must, at minimum, contain:
(1) the process by which community water supplies may
apply for funding; and
(2) the criteria for determining unit of local
government eligibility and prioritization for funding,
including the prevalence of low-income households, as
measured by median household income, the prevalence of
lead service lines, and the prevalence of water samples
that demonstrate elevated levels of lead.
(dd) Funding under subsection (cc) shall be available for
costs directly attributable to the planning, design, or
construction directly related to the replacement of lead
service lines and restoration of property.
Funding shall not be used for the general operating
expenses of a municipality or community water supply.
(ee) An owner or operator of any community water supply
receiving grant funding under subsection (cc) shall bear the

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entire expense of full lead service line replacement for all
lead service lines in the scope of the grant.
(ff) When replacing a lead service line, the owner or
operator of the community water supply shall replace the
service line in its entirety, including, but not limited to,
any portion of the service line (i) running on private
property and (ii) within the building's plumbing at the first
shut-off valve. Partial lead service line replacements are
expressly prohibited. Exceptions shall be made under the
following circumstances:
(1) In the event of an emergency repair that affects a
lead service line or a suspected lead service line, a
community water supply must contact the building owner to
begin the process of replacing the entire service line. If
the building owner is not able to be contacted or the
building owner or occupant refuses to grant access and
permission to replace the entire service line at the time
of the emergency repair, then the community water supply
may perform a partial lead service line replacement. Where
an emergency repair on a service line constructed of lead
or galvanized steel pipe results in a partial service line
replacement, the water supply responsible for commencing
the repair shall perform the following:
(A) Notify the building's owner or operator and
the resident or residents served by the lead service
line in writing that a repair has been completed. The

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notification shall include, at a minimum:
(i) a warning that the work may result in
sediment, possibly containing lead, in the
buildings water supply system;
(ii) information concerning practices for
preventing the consumption of any lead in drinking
water, including a recommendation to flush water
distribution pipe during and after the completion
of the repair or replacement work and to clean
faucet aerator screens; and
(iii) information regarding the dangers of
lead to young children and pregnant women.
(B) Provide filters for at least one fixture
supplying potable water for consumption. The filter
must be certified by an accredited third-party
certification body to NSF/ANSI 53 and NSF/ANSI 42 for
the reduction of lead and particulate. The filter must
be provided until such time that the remaining
portions of the service line have been replaced with a
material approved by the Department or a waiver has
been issued under subsection (ii).
(C) Replace the remaining portion of the lead
service line within 30 days of the repair, or 120 days
in the event of weather or other circumstances beyond
reasonable control that prohibits construction. If a
complete lead service line replacement cannot be made

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within the required period, the community water supply
responsible for commencing the repair shall notify the
Department in writing, at a minimum, of the following
within 24 hours of the repair:
(i) an explanation of why it is not feasible
to replace the remaining portion of the lead
service line within the allotted time; and
(ii) a timeline for when the remaining portion
of the lead service line will be replaced.
(D) If complete repair of a lead service line
cannot be completed due to denial by the property
owner, the community water supply commencing the
repair shall request the affected property owner to
sign a waiver developed by the Department. If a
property owner of a nonresidential building or
residence operating as rental properties denies a
complete lead service line replacement, the property
owner shall be responsible for installing and
maintaining point-of-use filters certified by an
accredited third-party certification body to NSF/ANSI
53 and NSF/ANSI 42 for the reduction of lead and
particulate at all fixtures intended to supply water
for the purposes of drinking, food preparation, or
making baby formula. The filters shall continue to be
supplied by the property owner until such time that
the property owner has affected the remaining portions

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of the lead service line to be replaced.
(E) Document any remaining lead service line,
including a portion on the private side of the
property, in the community water supply's distribution
system materials inventory required under subsection
(d).
For the purposes of this paragraph (1), written notice
shall be provided in the method and according to the
provisions of subsection (jj).
(2) Lead service lines that are physically
disconnected from the distribution system are exempt from
this subsection.
(gg) Except as provided in subsection (hh), on and after
January 1, 2022, when the owner or operator of a community
water supply replaces a water main, the community water supply
shall identify all lead service lines connected to the water
main and shall replace the lead service lines by:
(1) identifying the material or materials of each lead
service line connected to the water main, including, but
not limited to, any portion of the service line (i)
running on private property and (ii) within the building
plumbing at the first shut-off valve or 18 inches inside
the building, whichever is shorter;
(2) in conjunction with replacement of the water main,
replacing any and all portions of each lead service line
connected to the water main that are composed of lead; and

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(3) if a property owner or customer refuses to grant
access to the property, following prescribed notice
provisions as outlined in subsection (ff).
If an owner of a potentially affected building intends to
replace a portion of a lead service line or a galvanized
service line and the galvanized service line is or was
connected downstream to lead piping, then the owner of the
potentially affected building shall provide the owner or
operator of the community water supply with notice at least 45
days before commencing the work. In the case of an emergency
repair, the owner of the potentially affected building must
provide filters for each kitchen area that are certified by an
accredited third-party certification body to NSF/ANSI 53 and
NSF/ANSI 42 for the reduction of lead and particulate. If the
owner of the potentially affected building notifies the owner
or operator of the community water supply that replacement of
a portion of the lead service line after the emergency repair
is completed, then the owner or operator of the community
water supply shall replace the remainder of the lead service
line within 30 days after completion of the emergency repair.
A community water supply may take up to 120 days if necessary
due to weather conditions. If a replacement takes longer than
30 days, filters provided by the owner of the potentially
affected building must be replaced in accordance with the
manufacturer's recommendations. Partial lead service line
replacements by the owners of potentially affected buildings

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are otherwise prohibited.
(hh) For municipalities with a population in excess of
1,000,000 inhabitants, the requirements of subsection (gg)
shall commence on January 1, 2023.
(ii) At least 45 days before conducting planned lead
service line replacement, the owner or operator of a community
water supply shall, by mail, attempt to contact the owner of
the potentially affected building serviced by the lead service
line to request access to the building and permission to
replace the lead service line in accordance with the lead
service line replacement plan. If the owner of the potentially
affected building does not respond to the request within 15
days after the request is sent, the owner or operator of the
community water supply shall attempt to post the request on
the entrance of the potentially affected building.
If the owner or operator of a community water supply is
unable to obtain approval to access and replace a lead service
line, the owner or operator of the community water supply
shall request that the owner of the potentially affected
building sign a waiver. The waiver shall be developed by the
Department and should be made available in the owner's
language. If the owner of the potentially affected building
refuses to sign the waiver or fails to respond to the community
water supply after the community water supply has complied
with this subsection, then the community water supply shall
notify the Department in writing within 15 working days.

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(jj) When replacing a lead service line or repairing or
replacing water mains with lead service lines or partial lead
service lines attached to them, the owner or operator of a
community water supply shall provide the owner of each
potentially affected building that is serviced by the affected
lead service lines or partial lead service lines, as well as
the occupants of those buildings, with an individual written
notice. The notice shall be delivered by mail or posted at the
primary entranceway of the building. The notice may, in
addition, be electronically mailed. Written notice shall
include, at a minimum, the following:
(1) a warning that the work may result in sediment,
possibly containing lead from the service line, in the
building's water;
(2) information concerning the best practices for
preventing exposure to or risk of consumption of lead in
drinking water, including a recommendation to flush water
lines during and after the completion of the repair or
replacement work and to clean faucet aerator screens; and
(3) information regarding the dangers of lead exposure
to young children and pregnant women.
When the individual written notice described in the first
paragraph of this subsection is required as a result of
planned work other than the repair or replacement of a water
meter, the owner or operator of the community water supply
shall provide the notice not less than 14 days before work

SB1797 - 514 - LRB103 03433 AMQ 48439 b
begins. When the individual written notice described in the
first paragraph of this subsection is required as a result of
emergency repairs other than the repair or replacement of a
water meter, the owner or operator of the community water
supply shall provide the notice at the time the work is
initiated. When the individual written notice described in the
first paragraph of this subsection is required as a result of
the repair or replacement of a water meter, the owner or
operator of the community water supply shall provide the
notice at the time the work is initiated.
The notifications required under this subsection must
contain the following statement in Spanish, Polish, Chinese,
Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "This
notice contains important information about your water service
and may affect your rights. We encourage you to have this
notice translated in full into a language you understand and
before you make any decisions that may be required under this
notice."
An owner or operator of a community water supply that is
required under this subsection to provide an individual
written notice to the owner and occupant of a potentially
affected building that is a multi-dwelling building may
satisfy that requirement and the requirements of this
subsection regarding notification to non-English speaking
customers by posting the required notice on the primary
entranceway of the building and at the location where the

SB1797 - 515 - LRB103 03433 AMQ 48439 b
occupant's mail is delivered as reasonably as possible.
When this subsection would require the owner or operator
of a community water supply to provide an individual written
notice to the entire community served by the community water
supply or would require the owner or operator of a community
water supply to provide individual written notices as a result
of emergency repairs or when the community water supply that
is required to comply with this subsection is a small system,
the owner or operator of the community water supply may
provide the required notice through local media outlets,
social media, or other similar means in lieu of providing the
individual written notices otherwise required under this
subsection.
No notifications are required under this subsection for
work performed on water mains that are used to transmit
treated water between community water supplies and properties
that have no service connections.
(kk) No community water supply that sells water to any
wholesale or retail consecutive community water supply may
pass on any costs associated with compliance with this Section
to consecutive systems.
(ll) To the extent allowed by law, when a community water
supply replaces or installs a lead service line in a public
right-of-way or enters into an agreement with a private
contractor for replacement or installation of a lead service
line, the community water supply shall be held harmless for

SB1797 - 516 - LRB103 03433 AMQ 48439 b
all damage to property when replacing or installing the lead
service line. If dangers are encountered that prevent the
replacement of the lead service line, the community water
supply shall notify the Department within 15 working days of
why the replacement of the lead service line could not be
accomplished.
(mm) The Agency may propose to the Board, and the Board may
adopt, any rules necessary to implement and administer this
Section. The Department may adopt rules necessary to address
lead service lines attached to non-community water supplies.
(nn) Notwithstanding any other provision in this Section,
no requirement in this Section shall be construed as being
less stringent than existing applicable federal requirements.
(oo) All lead service line replacements financed in whole
or in part with funds obtained under this Section shall be
considered public works for purposes of the Prevailing Wage
Act.
(Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22.)
Section 255. The Lawn Care Products Application and Notice
Act is amended by changing Sections 2, 3, and 6 as follows:
(415 ILCS 65/2) (from Ch. 5, par. 852)
Sec. 2. Definitions.
For purposes of this Act:
"Application" means the spreading of lawn care products on

SB1797 - 517 - LRB103 03433 AMQ 48439 b
a lawn.
"Applicator for hire" means any person who makes an
application of lawn care products to a lawn or lawns for
compensation, including applications made by an employee to
lawns owned, occupied or managed by his employer and includes
those licensed by the Department as licensed commercial
applicators, commercial not-for-hire applicators, licensed
public applicators, certified applicators and licensed
operators and those otherwise subject to the licensure
provisions of the Illinois Pesticide Act, as now or hereafter
amended.
"Buffer" means an area adjacent to a body of water that is
left untreated with any fertilizer.
"Child Day care center" means any facility that qualifies
as a "child day care center" under the Child Care Act of 1969.
"Department" means the Illinois Department of Agriculture.
"Department of Public Health" means the Illinois
Department of Public Health.
"Facility" means a building or structure and appurtenances
thereto used by an applicator for hire for storage and
handling of pesticides or the storage or maintenance of
pesticide application equipment or vehicles.
"Fertilizer" means any substance containing nitrogen,
phosphorus or potassium or other recognized plant nutrient or
compound, which is used for its plant nutrient content.
"Golf course" means an area designated for the play or

SB1797 - 518 - LRB103 03433 AMQ 48439 b
practice of the game of golf, including surrounding grounds,
trees, ornamental beds and the like.
"Golf course superintendent" means any person entrusted
with and employed for the care and maintenance of a golf
course.
"Impervious surface" means any structure, surface, or
improvement that reduces or prevents absorption of stormwater
into land, and includes pavement, porous paving, paver blocks,
gravel, crushed stone, decks, patios, elevated structures, and
other similar structures, surfaces, or improvements.
"Lawn" means land area covered with turf kept closely mown
or land area covered with turf and trees or shrubs. The term
does not include (1) land area used for research for
agricultural production or for the commercial production of
turf, (2) land area situated within a public or private
right-of-way, or (3) land area which is devoted to the
production of any agricultural commodity, including, but not
limited to plants and plant parts, livestock and poultry and
livestock or poultry products, seeds, sod, shrubs and other
products of agricultural origin raised for sale or for human
or livestock consumption.
"Lawn care products" means fertilizers or pesticides
applied or intended for application to lawns.
"Lawn repair products" means seeds, including seeding
soils, that contain or are coated with or encased in
fertilizer material.

SB1797 - 519 - LRB103 03433 AMQ 48439 b
"Person" means any individual, partnership, association,
corporation or State governmental agency, school district,
unit of local government and any agency thereof.
"Pesticide" means any substance or mixture of substances
defined as a pesticide under the Illinois Pesticide Act, as
now or hereafter amended.
"Plant protectants" means any substance or material used
to protect plants from infestation of insects, fungi, weeds
and rodents, or any other substance that would benefit the
overall health of plants.
"Soil test" means a chemical and mechanical analysis of
soil nutrient values and pH level as it relates to the soil and
development of a lawn.
"Spreader" means any commercially available fertilizing
device used to evenly distribute fertilizer material.
"Turf" means the upper stratum of soils bound by grass and
plant roots into a thick mat.
"0% phosphate fertilizer" means a fertilizer that contains
no more than 0.67% available phosphoric acid (P2O5).
(Source: P.A. 96-424, eff. 8-13-09; 96-1005, eff. 7-6-10.)
(415 ILCS 65/3) (from Ch. 5, par. 853)
Sec. 3. Notification requirements for application of lawn
care products.
(a) Lawn Markers.
(1) Immediately following application of lawn care

SB1797 - 520 - LRB103 03433 AMQ 48439 b
products to a lawn, other than a golf course, an
applicator for hire shall place a lawn marker at the usual
point or points of entry.
(2) The lawn marker shall consist of a 4 inch by 5 inch
sign, vertical or horizontal, attached to the upper
portion of a dowel or other supporting device with the
bottom of the marker extending no less than 12 inches
above the turf.
(3) The lawn marker shall be white and lettering on
the lawn marker shall be in a contrasting color. The
marker shall state on one side, in letters of not less than
3/8 inch, the following: "LAWN CARE APPLICATION - STAY OFF
GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT: (here
shall be inserted the name and business telephone number
of the applicator for hire)."
(4) The lawn marker shall be removed and discarded by
the property owner or resident, or such other person
authorized by the property owner or resident, on the day
following the application. The lawn marker shall not be
removed by any person other than the property owner or
resident or person designated by such property owner or
resident.
(5) For applications to residential properties of 2
families or less, the applicator for hire shall be
required to place lawn markers at the usual point or
points of entry.

SB1797 - 521 - LRB103 03433 AMQ 48439 b
(6) For applications to residential properties of 2
families or more, or for application to other commercial
properties, the applicator for hire shall place lawn
markers at the usual point or points of entry to the
property to provide notice that lawn care products have
been applied to the lawn.
(b) Notification requirement for application of plant
protectants on golf courses.
(1) Blanket posting procedure. Each golf course shall
post in a conspicuous place or places an all-weather
poster or placard stating to users of or visitors to the
golf course that from time to time plant protectants are
in use and additionally stating that if any questions or
concerns arise in relation thereto, the golf course
superintendent or his designee should be contacted to
supply the information contained in subsection (c) of this
Section.
(2) The poster or placard shall be prominently
displayed in the pro shop, locker rooms and first tee at
each golf course.
(3) The poster or placard shall be a minimum size of 8
1/2 by 11 inches and the lettering shall not be less than
1/2 inch.
(4) The poster or placard shall read: "PLANT
PROTECTANTS ARE PERIODICALLY APPLIED TO THIS GOLF COURSE.
IF DESIRED, YOU MAY CONTACT YOUR GOLF COURSE

SB1797 - 522 - LRB103 03433 AMQ 48439 b
SUPERINTENDENT FOR FURTHER INFORMATION."
(c) Information to Customers of Applicators for Hire. At
the time of application of lawn care products to a lawn, an
applicator for hire shall provide the following information to
the customer:
(1) The brand name, common name, and scientific name
of each lawn care product applied;
(2) The type of fertilizer or pesticide contained in
the lawn care product applied;
(3) The reason for use of each lawn care product
applied;
(4) The range of concentration of end use product
applied to the lawn and amount of material applied;
(5) Any special instruction appearing on the label of
the lawn care product applicable to the customer's use of
the lawn following application;
(6) The business name and telephone number of the
applicator for hire as well as the name of the person
actually applying lawn care products to the lawn; and
(7) Upon the request of a customer or any person whose
property abuts or is adjacent to the property of a
customer of an applicator for hire, a copy of the material
safety data sheet and approved pesticide registration
label for each applied lawn care product.
(d) Prior notification of application to lawn. In the case
of all lawns other than golf courses:

SB1797 - 523 - LRB103 03433 AMQ 48439 b
(1) Any neighbor whose property abuts or is adjacent
to the property of a customer of an applicator for hire may
receive prior notification of an application by contacting
the applicator for hire and providing his name, address
and telephone number.
(2) At least the day before a scheduled application,
an applicator for hire shall provide notification to a
person who has requested notification pursuant to
paragraph (1) of this subsection (d), such notification to
be made in writing, in person or by telephone, disclosing
the date and approximate time of day of application.
(3) In the event that an applicator for hire is unable
to provide prior notification to a neighbor whose property
abuts or is adjacent to the property because of the
absence or inaccessibility of the individual, at the time
of application to a customer's lawn, the applicator for
hire shall leave a written notice at the residence of the
person requesting notification, which shall provide the
information specified in paragraph (2) of this subsection
(d).
(e) Prior notification of application to golf courses.
(1) Any landlord or resident with property that abuts
or is adjacent to a golf course may receive prior
notification of an application of lawn care products or
plant protectants, or both, by contacting the golf course
superintendent and providing his name, address and

SB1797 - 524 - LRB103 03433 AMQ 48439 b
telephone number.
(2) At least the day before a scheduled application of
lawn care products or plant protectants, or both, the golf
course superintendent shall provide notification to any
person who has requested notification pursuant to
paragraph (1) of this subsection (e), such notification to
be made in writing, in person or by telephone, disclosing
the date and approximate time of day of application.
(3) In the event that the golf course superintendent
is unable to provide prior notification to a landlord or
resident because of the absence or inaccessibility, at the
time of application, of the landlord or resident, the golf
course superintendent shall leave a written notice with
the landlord or at the residence which shall provide the
information specified in paragraph (2) of this subsection
(e).
(f) Notification for applications of pesticides to child
day care center grounds other than child day care center
structures and school grounds other than school structures.
(1) The owner or operator of a child day care center
must either (i) maintain a registry of parents and
guardians of children in his or her care who have
registered to receive written notification before the
application of pesticide to child day care center grounds
and notify persons on that registry before applying
pesticides or having pesticide applied to child day care

SB1797 - 525 - LRB103 03433 AMQ 48439 b
center grounds or (ii) provide written or telephonic
notice to all parents and guardians of children in his or
her care before applying pesticide or having pesticide
applied to child day care center grounds.
(2) School districts must either (i) maintain a
registry of parents and guardians of students who have
registered to receive written or telephonic notification
before the application of pesticide to school grounds and
notify persons on that list before applying pesticide or
having pesticide applied to school grounds or (ii) provide
written or telephonic notification to all parents and
guardians of students before applying pesticide or having
pesticide applied to school grounds.
(3) Written notification required under item (1) or
(2) of subsection (f) of this Section may be included in
newsletters, calendars, or other correspondence currently
published by the school district, but posting on a
bulletin board is not sufficient. The written or
telephonic notification must be given at least 4 business
days before application of the pesticide and should
identify the intended date of the application of the
pesticide and the name and telephone contact number for
the school personnel responsible for the pesticide
application program or, in the case of a child day care
center, the owner or operator of the child day care
center. Prior notice shall not be required if there is

SB1797 - 526 - LRB103 03433 AMQ 48439 b
imminent threat to health or property. If such a situation
arises, the appropriate school personnel or, in the case
of a child day care center, the owner or operator of the
child day care center must sign a statement describing the
circumstances that gave rise to the health threat and
ensure that written or telephonic notice is provided as
soon as practicable.
(Source: P.A. 96-424, eff. 8-13-09.)
(415 ILCS 65/6) (from Ch. 5, par. 856)
Sec. 6. This Act shall be administered and enforced by the
Department. The Department may promulgate rules and
regulations as necessary for the enforcement of this Act. The
Department of Public Health must inform school boards and the
owners and operators of child day care centers about the
provisions of this Act that are applicable to school districts
and child day care centers, and it must inform school boards
about the requirements contained in Sections 10-20.49 and
34-18.40 of the School Code. The Department of Public Health
must recommend that child day care centers and schools use a
pesticide-free turf care program to maintain their turf. The
Department of Public Health must also report violations of
this Act of which it becomes aware to the Department for
enforcement.
(Source: P.A. 96-424, eff. 8-13-09; 96-1000, eff. 7-2-10.)

SB1797 - 527 - LRB103 03433 AMQ 48439 b
Section 260. The Furniture Fire Safety Act is amended by
changing Section 1002 as follows:
(425 ILCS 45/1002) (from Ch. 127 1/2, par. 951-2)
Sec. 1002. As used in this Act:
(a) "Sell" or any of its variants means and includes any of
or any combination of the following: to sell, offer or expose
for sale, barter, trade, deliver, give away, rent, consign,
lease, or possess with an intent to sell or dispose of in any
other commercial manner.
(b) "Seating furniture" means any furniture, including
children's furniture, movable or stationery, which (1) is made
of or with cushions or pillows, loose or attached, (2) is
itself stuffed or filled in whole or in part with any filling
material, (3) is or can be stuffed or filled in whole or in
part with any substance or material, hidden or concealed by
fabric or any other covering, including cushions or pillows
belonging to or forming a part thereof, together with the
structural units, the filling material and its container and
covering which can be used as a support for the body of a human
being, or the limbs and feet when sitting or resting in an
upright or reclining position.
(c) "Filling material" means cotton, wool, kapok,
feathers, down, hair, liquid, or any other material or
substance, natural or man-made, or any other prefabricated
form, concealed or not concealed, to be used or that could be

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used in articles of seating furniture.
(d) "Manufacturer" means a person who, either by himself
or through employees or agents, makes any article of seating
furniture in whole or in part.
(e) "Public occupancies" means:
(1) Jails, prisons, and penal institutions;
(2) Hospitals, mental health facilities, and similar
health care facilities;
(3) Nursing care and convalescent homes;
(4) Child day care centers;
(5) Public auditoriums and stadiums; and
(6) Public assembly areas of hotels and motels containing
more than 10 articles of seating furniture.
(Source: P.A. 86-631.)
Section 265. The Space Heating Safety Act is amended by
changing Section 9 as follows:
(425 ILCS 65/9) (from Ch. 127 1/2, par. 709)
Sec. 9. Prohibited use of kerosene heaters. The use of
kerosene fueled heaters will be prohibited under any
circumstances in the following types of structures:
(i) nursing homes or convalescent centers;
(ii) child care day-care centers having children
present;
(iii) any type of center for persons with

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disabilities;
(iv) common areas of multifamily dwellings;
(v) hospitals;
(vi) structures more than 3 stories in height; and
(vii) structures open to the public which have a
capacity for 50 or more persons.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 270. The Firearm Dealer License Certification Act
is amended by changing Section 5-20 as follows:
(430 ILCS 68/5-20)
Sec. 5-20. Additional licensee requirements.
(a) A certified licensee shall make a photo copy of a
buyer's or transferee's valid photo identification card
whenever a firearm sale transaction takes place. The photo
copy shall be attached to the documentation detailing the
record of sale.
(b) A certified licensee shall post in a conspicuous
position on the premises where the licensee conducts business
a sign that contains the following warning in block letters
not less than one inch in height:
"With few exceptions enumerated in the Firearm Owners
Identification Card Act, it is unlawful for you to:
(A) store or leave an unsecured firearm in a place
where a child can obtain access to it;

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(B) sell or transfer your firearm to someone else
without receiving approval for the transfer from the
Illinois State Police, or
(C) fail to report the loss or theft of your
firearm to local law enforcement within 72 hours.".
This sign shall be created by the Illinois State Police and
made available for printing or downloading from the Illinois
State Police's website.
(c) No retail location established after the effective
date of this Act shall be located within 500 feet of any
school, pre-school, or child day care facility in existence at
its location before the retail location is established as
measured from the nearest corner of the building holding the
retail location to the corner of the school, pre-school, or
child day care facility building nearest the retail location
at the time the retail location seeks licensure.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 275. The Illinois Vehicle Code is amended by
changing Sections 6-205, 6-206, and 12-707.01 as follows:
(625 ILCS 5/6-205)
(Text of Section before amendment by P.A. 102-982)
Sec. 6-205. Mandatory revocation of license or permit;
hardship cases.
(a) Except as provided in this Section, the Secretary of

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State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of a
motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code relating
to the offense of leaving the scene of a traffic accident
involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section
11-503 of this Code relating to the offense of reckless
driving committed within a period of 12 months;
7. Conviction of any offense defined in Section 4-102
of this Code if the person exercised actual physical

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control over the vehicle during the commission of the
offense;
8. Violation of Section 11-504 of this Code relating
to the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of
1961 or the Criminal Code of 2012 arising from the use of a
motor vehicle;
11. Violation of Section 11-204.1 of this Code
relating to aggravated fleeing or attempting to elude a
peace officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation of
that Section or a similar provision of a local ordinance
and the driver was less than 21 years of age at the time of
the offense;
14. Violation of paragraph (a) of Section 11-506 of
this Code or a similar provision of a local ordinance
relating to the offense of street racing;
15. A second or subsequent conviction of driving while
the person's driver's license, permit or privileges was

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revoked for reckless homicide or a similar out-of-state
offense;
16. Any offense against any provision in this Code, or
any local ordinance, regulating the movement of traffic
when that offense was the proximate cause of the death of
any person. Any person whose driving privileges have been
revoked pursuant to this paragraph may seek to have the
revocation terminated or to have the length of revocation
reduced by requesting an administrative hearing with the
Secretary of State prior to the projected driver's license
application eligibility date;
17. Violation of subsection (a-2) of Section 11-1301.3
of this Code or a similar provision of a local ordinance;
18. A second or subsequent conviction of illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act. A
defendant found guilty of this offense while operating a
motor vehicle shall have an entry made in the court record
by the presiding judge that this offense did occur while
the defendant was operating a motor vehicle and order the
clerk of the court to report the violation to the
Secretary of State;

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19. Violation of subsection (a) of Section 11-1414 of
this Code, or a similar provision of a local ordinance,
relating to the offense of overtaking or passing of a
school bus when the driver, in committing the violation,
is involved in a motor vehicle accident that results in
death to another and the violation is a proximate cause of
the death.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided for
in Section 5-901 of the Juvenile Court Act of 1987 that the
minor has been adjudicated under that Act as having
committed an offense relating to motor vehicles prescribed
in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit;
3. Of any person adjudicated under the Juvenile Court
Act of 1987 based on an offense determined to have been
committed in furtherance of the criminal activities of an
organized gang as provided in Section 5-710 of that Act,
and that involved the operation or use of a motor vehicle
or the use of a driver's license or permit. The revocation
shall remain in effect for the period determined by the
court.

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(c)(1) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard
to whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment or
within the scope of the petitioner's employment related
duties, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to a
medical facility for the receipt of necessary medical care or
to allow the petitioner to transport himself or herself to and
from alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member
of the petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the petitioner
to transport children, elderly persons, or persons with
disabilities who do not hold driving privileges and are living
in the petitioner's household to and from child care daycare;
if the petitioner is able to demonstrate that no alternative
means of transportation is reasonably available and that the
petitioner will not endanger the public safety or welfare;
provided that the Secretary's discretion shall be limited to
cases where undue hardship, as defined by the rules of the
Secretary of State, would result from a failure to issue the

SB1797 - 536 - LRB103 03433 AMQ 48439 b
restricted driving permit.
(1.5) A person subject to the provisions of paragraph 4 of
subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation, or after 5 years from the date of release
from a period of imprisonment resulting from a conviction of
the most recent offense, whichever is later, provided the
person, in addition to all other requirements of the
Secretary, shows by clear and convincing evidence:
(A) a minimum of 3 years of uninterrupted abstinence
from alcohol and the unlawful use or consumption of
cannabis under the Cannabis Control Act, a controlled
substance under the Illinois Controlled Substances Act, an
intoxicating compound under the Use of Intoxicating
Compounds Act, or methamphetamine under the
Methamphetamine Control and Community Protection Act; and
(B) the successful completion of any rehabilitative
treatment and involvement in any ongoing rehabilitative
activity that may be recommended by a properly licensed
service provider according to an assessment of the
person's alcohol or drug use under Section 11-501.01 of
this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this paragraph (1.5), the

SB1797 - 537 - LRB103 03433 AMQ 48439 b
Secretary may consider any relevant evidence, including, but
not limited to, testimony, affidavits, records, and the
results of regular alcohol or drug tests. Persons subject to
the provisions of paragraph 4 of subsection (b) of Section
6-208 of this Code and who have been convicted of more than one
violation of paragraph (3), paragraph (4), or paragraph (5) of
subsection (a) of Section 11-501 of this Code shall not be
eligible to apply for a restricted driving permit.
A restricted driving permit issued under this paragraph
(1.5) shall provide that the holder may only operate motor
vehicles equipped with an ignition interlock device as
required under paragraph (2) of subsection (c) of this Section
and subparagraph (A) of paragraph 3 of subsection (c) of
Section 6-206 of this Code. The Secretary may revoke a
restricted driving permit or amend the conditions of a
restricted driving permit issued under this paragraph (1.5) if
the holder operates a vehicle that is not equipped with an
ignition interlock device, or for any other reason authorized
under this Code.
A restricted driving permit issued under this paragraph
(1.5) shall be revoked, and the holder barred from applying
for or being issued a restricted driving permit in the future,
if the holder is subsequently convicted of a violation of
Section 11-501 of this Code, a similar provision of a local
ordinance, or a similar offense in another state.
(2) If a person's license or permit is revoked or

SB1797 - 538 - LRB103 03433 AMQ 48439 b
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local ordinance
or a similar out-of-state offense, or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012, where the
use of alcohol or other drugs is recited as an element of the
offense, or a similar out-of-state offense, or a combination
of these offenses, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not operate
a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the offense, or
a similar out-of-state offense; or
(ii) a statutory summary suspension or revocation
under Section 11-501.1; or
(iii) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences; or
(B) a person has been convicted of one violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)

SB1797 - 539 - LRB103 03433 AMQ 48439 b
of Section 11-501 of this Code, Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide where the use
of alcohol or other drugs was recited as an element of the
offense, or a similar provision of a law of another state;
that person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned on the use of an
ignition interlock device must pay to the Secretary of State
DUI Administration Fund an amount not to exceed $30 per month.
The Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against operating a
motor vehicle that is not equipped with an ignition interlock
device does not apply to the operation of an occupational
vehicle owned or leased by that person's employer when used
solely for employment purposes. For any person who, within a
5-year period, is convicted of a second or subsequent offense
under Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, this
employment exemption does not apply until either a one-year
period has elapsed during which that person had his or her
driving privileges revoked or a one-year period has elapsed
during which that person had a restricted driving permit which

SB1797 - 540 - LRB103 03433 AMQ 48439 b
required the use of an ignition interlock device on every
motor vehicle owned or operated by that person.
(6) In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate,
except that the permit shall expire no later than 2 years from
the date of issuance. A restricted driving permit issued under
this Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a conviction
upon one or more offenses against laws or ordinances
regulating the movement of traffic shall be deemed sufficient
cause for the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as a
condition to the issuance of a restricted driving permit,
require the petitioner to participate in a designated driver
remedial or rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the permit
holder does not successfully complete the program. However, if
an individual's driving privileges have been revoked in
accordance with paragraph 13 of subsection (a) of this
Section, no restricted driving permit shall be issued until
the individual has served 6 months of the revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,

SB1797 - 541 - LRB103 03433 AMQ 48439 b
permit or privilege was revoked, where the revocation was for
a violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide or a similar out-of-state offense, the person's
driving privileges shall be revoked pursuant to subdivision
(a)(15) of this Section. The person may not make application
for a license or permit until the expiration of five years from
the effective date of the revocation or the expiration of five
years from the date of release from a term of imprisonment,
whichever is later.
(c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide or a similar out-of-state
offense, the person may never apply for a license or permit.
(d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or
welfare, issue a restricted driving permit granting the
privilege of driving a motor vehicle only between the hours of

SB1797 - 542 - LRB103 03433 AMQ 48439 b
5 a.m. and 9 p.m. or as otherwise provided by this Section for
a period of one year. After this one-year period, and upon
reapplication for a license as provided in Section 6-106, upon
payment of the appropriate reinstatement fee provided under
paragraph (b) of Section 6-118, the Secretary of State, in his
discretion, may reinstate the petitioner's driver's license
and driving privileges, or extend the restricted driving
permit as many times as the Secretary of State deems
appropriate, by additional periods of not more than 24 months
each.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local ordinance
or a similar out-of-state offense, or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012, where the
use of alcohol or other drugs is recited as an element of the
offense, or a similar out-of-state offense, or a combination
of these offenses, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not operate
a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(3) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(A) a single conviction of violating Section 11-501 of
this Code or a similar provision of a local ordinance or a
similar out-of-state offense, or Section 9-3 of the

SB1797 - 543 - LRB103 03433 AMQ 48439 b
Criminal Code of 1961 or the Criminal Code of 2012, where
the use of alcohol or other drugs is recited as an element
of the offense, or a similar out-of-state offense; or
(B) a statutory summary suspension or revocation under
Section 11-501.1; or
(C) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences, that person, if issued a
restricted driving permit, may not operate a vehicle unless it
has been equipped with an ignition interlock device as defined
in Section 1-129.1.
(3.5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of subparagraph
(C) or (F) of paragraph (1) of subsection (d) of Section 11-501
of this Code, or a similar provision of a local ordinance or
similar out-of-state offense, that person, if issued a
restricted driving permit, may not operate a vehicle unless it
has been equipped with an ignition interlock device as defined
in Section 1-129.1.
(4) The person issued a permit conditioned upon the use of
an interlock device must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $30 per month. The
Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against driving a
vehicle that is not equipped with an ignition interlock device

SB1797 - 544 - LRB103 03433 AMQ 48439 b
does not apply to the operation of an occupational vehicle
owned or leased by that person's employer when used solely for
employment purposes. For any person who, within a 5-year
period, is convicted of a second or subsequent offense under
Section 11-501 of this Code, or a similar provision of a local
ordinance or similar out-of-state offense, this employment
exemption does not apply until either a one-year period has
elapsed during which that person had his or her driving
privileges revoked or a one-year period has elapsed during
which that person had a restricted driving permit which
required the use of an ignition interlock device on every
motor vehicle owned or operated by that person.
(6) A restricted driving permit issued under this Section
shall be subject to cancellation, revocation, and suspension
by the Secretary of State in like manner and for like cause as
a driver's license issued under this Code may be cancelled,
revoked, or suspended; except that a conviction upon one or
more offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for the
revocation, suspension, or cancellation of a restricted
driving permit.
(d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961 or

SB1797 - 545 - LRB103 03433 AMQ 48439 b
the Criminal Code of 2012, relating to the offense of reckless
homicide, or a similar provision of a law of another state, is
permanent. The Secretary may not, at any time, issue a license
or permit to that person.
(e) This Section is subject to the provisions of the
Driver License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State shall require the use of
ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense under Section 11-501 of this Code
or a similar provision of a local ordinance. The person must
pay to the Secretary of State DUI Administration Fund an
amount not to exceed $30 for each month that he or she uses the
device. The Secretary shall establish by rule and regulation
the procedures for certification and use of the interlock
system, the amount of the fee, and the procedures, terms, and
conditions relating to these fees. During the time period in
which a person is required to install an ignition interlock

SB1797 - 546 - LRB103 03433 AMQ 48439 b
device under this subsection (h), that person shall only
operate vehicles in which ignition interlock devices have been
installed, except as allowed by subdivision (c)(5) or (d)(5)
of this Section. Regardless of whether an exemption under
subdivision (c) (5) or (d) (5) applies, every person subject
to this subsection shall not be eligible for reinstatement
until the person installs an ignition interlock device and
maintains the ignition interlock device for 5 years.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(k) The Secretary of State shall notify by mail any person
whose driving privileges have been revoked under paragraph 16
of subsection (a) of this Section that his or her driving
privileges and driver's license will be revoked 90 days from
the date of the mailing of the notice.
(Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21.)
(Text of Section after amendment by P.A. 102-982)
Sec. 6-205. Mandatory revocation of license or permit;
hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving

SB1797 - 547 - LRB103 03433 AMQ 48439 b
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of a
motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code relating
to the offense of leaving the scene of a traffic crash
involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section
11-503 of this Code relating to the offense of reckless
driving committed within a period of 12 months;
7. Conviction of any offense defined in Section 4-102
of this Code if the person exercised actual physical
control over the vehicle during the commission of the

SB1797 - 548 - LRB103 03433 AMQ 48439 b
offense;
8. Violation of Section 11-504 of this Code relating
to the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of
1961 or the Criminal Code of 2012 arising from the use of a
motor vehicle;
11. Violation of Section 11-204.1 of this Code
relating to aggravated fleeing or attempting to elude a
peace officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation of
that Section or a similar provision of a local ordinance
and the driver was less than 21 years of age at the time of
the offense;
14. Violation of paragraph (a) of Section 11-506 of
this Code or a similar provision of a local ordinance
relating to the offense of street racing;
15. A second or subsequent conviction of driving while
the person's driver's license, permit or privileges was
revoked for reckless homicide or a similar out-of-state

SB1797 - 549 - LRB103 03433 AMQ 48439 b
offense;
16. Any offense against any provision in this Code, or
any local ordinance, regulating the movement of traffic
when that offense was the proximate cause of the death of
any person. Any person whose driving privileges have been
revoked pursuant to this paragraph may seek to have the
revocation terminated or to have the length of revocation
reduced by requesting an administrative hearing with the
Secretary of State prior to the projected driver's license
application eligibility date;
17. Violation of subsection (a-2) of Section 11-1301.3
of this Code or a similar provision of a local ordinance;
18. A second or subsequent conviction of illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act. A
defendant found guilty of this offense while operating a
motor vehicle shall have an entry made in the court record
by the presiding judge that this offense did occur while
the defendant was operating a motor vehicle and order the
clerk of the court to report the violation to the
Secretary of State;
19. Violation of subsection (a) of Section 11-1414 of

SB1797 - 550 - LRB103 03433 AMQ 48439 b
this Code, or a similar provision of a local ordinance,
relating to the offense of overtaking or passing of a
school bus when the driver, in committing the violation,
is involved in a motor vehicle crash that results in death
to another and the violation is a proximate cause of the
death.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided for
in Section 5-901 of the Juvenile Court Act of 1987 that the
minor has been adjudicated under that Act as having
committed an offense relating to motor vehicles prescribed
in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit;
3. Of any person adjudicated under the Juvenile Court
Act of 1987 based on an offense determined to have been
committed in furtherance of the criminal activities of an
organized gang as provided in Section 5-710 of that Act,
and that involved the operation or use of a motor vehicle
or the use of a driver's license or permit. The revocation
shall remain in effect for the period determined by the
court.
(c)(1) Whenever a person is convicted of any of the

SB1797 - 551 - LRB103 03433 AMQ 48439 b
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard
to whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment or
within the scope of the petitioner's employment related
duties, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to a
medical facility for the receipt of necessary medical care or
to allow the petitioner to transport himself or herself to and
from alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member
of the petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the petitioner
to transport children, elderly persons, or persons with
disabilities who do not hold driving privileges and are living
in the petitioner's household to and from child care daycare;
if the petitioner is able to demonstrate that no alternative
means of transportation is reasonably available and that the
petitioner will not endanger the public safety or welfare;
provided that the Secretary's discretion shall be limited to
cases where undue hardship, as defined by the rules of the
Secretary of State, would result from a failure to issue the
restricted driving permit.

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(1.5) A person subject to the provisions of paragraph 4 of
subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation, or after 5 years from the date of release
from a period of imprisonment resulting from a conviction of
the most recent offense, whichever is later, provided the
person, in addition to all other requirements of the
Secretary, shows by clear and convincing evidence:
(A) a minimum of 3 years of uninterrupted abstinence
from alcohol and the unlawful use or consumption of
cannabis under the Cannabis Control Act, a controlled
substance under the Illinois Controlled Substances Act, an
intoxicating compound under the Use of Intoxicating
Compounds Act, or methamphetamine under the
Methamphetamine Control and Community Protection Act; and
(B) the successful completion of any rehabilitative
treatment and involvement in any ongoing rehabilitative
activity that may be recommended by a properly licensed
service provider according to an assessment of the
person's alcohol or drug use under Section 11-501.01 of
this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this paragraph (1.5), the
Secretary may consider any relevant evidence, including, but

SB1797 - 553 - LRB103 03433 AMQ 48439 b
not limited to, testimony, affidavits, records, and the
results of regular alcohol or drug tests. Persons subject to
the provisions of paragraph 4 of subsection (b) of Section
6-208 of this Code and who have been convicted of more than one
violation of paragraph (3), paragraph (4), or paragraph (5) of
subsection (a) of Section 11-501 of this Code shall not be
eligible to apply for a restricted driving permit.
A restricted driving permit issued under this paragraph
(1.5) shall provide that the holder may only operate motor
vehicles equipped with an ignition interlock device as
required under paragraph (2) of subsection (c) of this Section
and subparagraph (A) of paragraph 3 of subsection (c) of
Section 6-206 of this Code. The Secretary may revoke a
restricted driving permit or amend the conditions of a
restricted driving permit issued under this paragraph (1.5) if
the holder operates a vehicle that is not equipped with an
ignition interlock device, or for any other reason authorized
under this Code.
A restricted driving permit issued under this paragraph
(1.5) shall be revoked, and the holder barred from applying
for or being issued a restricted driving permit in the future,
if the holder is subsequently convicted of a violation of
Section 11-501 of this Code, a similar provision of a local
ordinance, or a similar offense in another state.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section

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11-501 of this Code or a similar provision of a local ordinance
or a similar out-of-state offense, or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012, where the
use of alcohol or other drugs is recited as an element of the
offense, or a similar out-of-state offense, or a combination
of these offenses, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not operate
a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the offense, or
a similar out-of-state offense; or
(ii) a statutory summary suspension or revocation
under Section 11-501.1; or
(iii) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences; or
(B) a person has been convicted of one violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, Section 9-3 of the

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Criminal Code of 1961 or the Criminal Code of 2012,
relating to the offense of reckless homicide where the use
of alcohol or other drugs was recited as an element of the
offense, or a similar provision of a law of another state;
that person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned on the use of an
ignition interlock device must pay to the Secretary of State
DUI Administration Fund an amount not to exceed $30 per month.
The Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against operating a
motor vehicle that is not equipped with an ignition interlock
device does not apply to the operation of an occupational
vehicle owned or leased by that person's employer when used
solely for employment purposes. For any person who, within a
5-year period, is convicted of a second or subsequent offense
under Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, this
employment exemption does not apply until either a one-year
period has elapsed during which that person had his or her
driving privileges revoked or a one-year period has elapsed
during which that person had a restricted driving permit which
required the use of an ignition interlock device on every

SB1797 - 556 - LRB103 03433 AMQ 48439 b
motor vehicle owned or operated by that person.
(6) In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate,
except that the permit shall expire no later than 2 years from
the date of issuance. A restricted driving permit issued under
this Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a conviction
upon one or more offenses against laws or ordinances
regulating the movement of traffic shall be deemed sufficient
cause for the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as a
condition to the issuance of a restricted driving permit,
require the petitioner to participate in a designated driver
remedial or rehabilitative program. The Secretary of State is
authorized to cancel a restricted driving permit if the permit
holder does not successfully complete the program. However, if
an individual's driving privileges have been revoked in
accordance with paragraph 13 of subsection (a) of this
Section, no restricted driving permit shall be issued until
the individual has served 6 months of the revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for

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a violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide or a similar out-of-state offense, the person's
driving privileges shall be revoked pursuant to subdivision
(a)(15) of this Section. The person may not make application
for a license or permit until the expiration of five years from
the effective date of the revocation or the expiration of five
years from the date of release from a term of imprisonment,
whichever is later.
(c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide or a similar out-of-state
offense, the person may never apply for a license or permit.
(d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or
welfare, issue a restricted driving permit granting the
privilege of driving a motor vehicle only between the hours of
5 a.m. and 9 p.m. or as otherwise provided by this Section for

SB1797 - 558 - LRB103 03433 AMQ 48439 b
a period of one year. After this one-year period, and upon
reapplication for a license as provided in Section 6-106, upon
payment of the appropriate reinstatement fee provided under
paragraph (b) of Section 6-118, the Secretary of State, in his
discretion, may reinstate the petitioner's driver's license
and driving privileges, or extend the restricted driving
permit as many times as the Secretary of State deems
appropriate, by additional periods of not more than 24 months
each.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local ordinance
or a similar out-of-state offense, or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012, where the
use of alcohol or other drugs is recited as an element of the
offense, or a similar out-of-state offense, or a combination
of these offenses, arising out of separate occurrences, that
person, if issued a restricted driving permit, may not operate
a vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(3) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(A) a single conviction of violating Section 11-501 of
this Code or a similar provision of a local ordinance or a
similar out-of-state offense, or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012, where

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the use of alcohol or other drugs is recited as an element
of the offense, or a similar out-of-state offense; or
(B) a statutory summary suspension or revocation under
Section 11-501.1; or
(C) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences, that person, if issued a
restricted driving permit, may not operate a vehicle unless it
has been equipped with an ignition interlock device as defined
in Section 1-129.1.
(3.5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of subparagraph
(C) or (F) of paragraph (1) of subsection (d) of Section 11-501
of this Code, or a similar provision of a local ordinance or
similar out-of-state offense, that person, if issued a
restricted driving permit, may not operate a vehicle unless it
has been equipped with an ignition interlock device as defined
in Section 1-129.1.
(4) The person issued a permit conditioned upon the use of
an interlock device must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $30 per month. The
Secretary shall establish by rule the amount and the
procedures, terms, and conditions relating to these fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against driving a
vehicle that is not equipped with an ignition interlock device
does not apply to the operation of an occupational vehicle

SB1797 - 560 - LRB103 03433 AMQ 48439 b
owned or leased by that person's employer when used solely for
employment purposes. For any person who, within a 5-year
period, is convicted of a second or subsequent offense under
Section 11-501 of this Code, or a similar provision of a local
ordinance or similar out-of-state offense, this employment
exemption does not apply until either a one-year period has
elapsed during which that person had his or her driving
privileges revoked or a one-year period has elapsed during
which that person had a restricted driving permit which
required the use of an ignition interlock device on every
motor vehicle owned or operated by that person.
(6) A restricted driving permit issued under this Section
shall be subject to cancellation, revocation, and suspension
by the Secretary of State in like manner and for like cause as
a driver's license issued under this Code may be cancelled,
revoked, or suspended; except that a conviction upon one or
more offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for the
revocation, suspension, or cancellation of a restricted
driving permit.
(d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of reckless

SB1797 - 561 - LRB103 03433 AMQ 48439 b
homicide, or a similar provision of a law of another state, is
permanent. The Secretary may not, at any time, issue a license
or permit to that person.
(e) This Section is subject to the provisions of the
Driver License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State shall require the use of
ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense under Section 11-501 of this Code
or a similar provision of a local ordinance. The person must
pay to the Secretary of State DUI Administration Fund an
amount not to exceed $30 for each month that he or she uses the
device. The Secretary shall establish by rule and regulation
the procedures for certification and use of the interlock
system, the amount of the fee, and the procedures, terms, and
conditions relating to these fees. During the time period in
which a person is required to install an ignition interlock
device under this subsection (h), that person shall only

SB1797 - 562 - LRB103 03433 AMQ 48439 b
operate vehicles in which ignition interlock devices have been
installed, except as allowed by subdivision (c)(5) or (d)(5)
of this Section. Regardless of whether an exemption under
subdivision (c) (5) or (d) (5) applies, every person subject
to this subsection shall not be eligible for reinstatement
until the person installs an ignition interlock device and
maintains the ignition interlock device for 5 years.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(k) The Secretary of State shall notify by mail any person
whose driving privileges have been revoked under paragraph 16
of subsection (a) of this Section that his or her driving
privileges and driver's license will be revoked 90 days from
the date of the mailing of the notice.
(Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21;
102-982, eff. 7-1-23.)
(625 ILCS 5/6-206)
(Text of Section before amendment by P.A. 102-982)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; right to a hearing.
(a) The Secretary of State is authorized to suspend or

SB1797 - 563 - LRB103 03433 AMQ 48439 b
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12-month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a

SB1797 - 564 - LRB103 03433 AMQ 48439 b
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized

SB1797 - 565 - LRB103 03433 AMQ 48439 b
by a monitoring device driving permit, judicial driving
permit issued prior to January 1, 2009, probationary
license to drive, or restricted driving permit issued
under this Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license or permit
was invalid under the provisions of Sections 6-107.1 and
6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
14B of the Illinois Identification Card Act or a similar
offense in another state if, at the time of the offense,
the person held an Illinois driver's license or
identification card;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to criminal trespass to vehicles if the person
exercised actual physical control over the vehicle during
the commission of the offense, in which case the
suspension shall be for one year;
16. Has been convicted of violating Section 11-204 of

SB1797 - 566 - LRB103 03433 AMQ 48439 b
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in Section
11-501.1;
18. (Blank);
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to unlawful use of weapons, in which case the
suspension shall be for one year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the

SB1797 - 567 - LRB103 03433 AMQ 48439 b
United States at a military installation in Illinois or in
another state of or for a traffic-related offense that is
the same as or similar to an offense specified under
Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. (Blank);
28. Has been convicted for a first time of the illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in
which case the person's driving privileges shall be
suspended for one year. Any defendant found guilty of this
offense while operating a motor vehicle shall have an
entry made in the court record by the presiding judge that
this offense did occur while the defendant was operating a
motor vehicle and order the clerk of the court to report
the violation to the Secretary of State;

SB1797 - 568 - LRB103 03433 AMQ 48439 b
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual assault
of a child, aggravated criminal sexual assault, criminal
sexual abuse, aggravated criminal sexual abuse, juvenile
pimping, soliciting for a juvenile prostitute, promoting
juvenile prostitution as described in subdivision (a)(1),
(a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
of 1961 or the Criminal Code of 2012, and the manufacture,
sale or delivery of controlled substances or instruments
used for illegal drug use or abuse in which case the
driver's driving privileges shall be suspended for one
year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 of this Code or Section 5-16c of the Boat
Registration and Safety Act or has submitted to a test
resulting in an alcohol concentration of 0.08 or more or
any amount of a drug, substance, or compound resulting
from the unlawful use or consumption of cannabis as listed
in the Cannabis Control Act, a controlled substance as
listed in the Illinois Controlled Substances Act, an

SB1797 - 569 - LRB103 03433 AMQ 48439 b
intoxicating compound as listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, in
which case the penalty shall be as prescribed in Section
6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 or the Criminal Code of 2012
relating to the aggravated discharge of a firearm if the
offender was located in a motor vehicle at the time the
firearm was discharged, in which case the suspension shall
be for 3 years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this
Code or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code or a similar provision of a local ordinance;
35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24-month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of

SB1797 - 570 - LRB103 03433 AMQ 48439 b
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance and the person was an occupant of a motor
vehicle at the time of the violation;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code or a similar provision of a
local ordinance;
43. Has received a disposition of court supervision
for a violation of subsection (a), (d), or (e) of Section
6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance and the person was an
occupant of a motor vehicle at the time of the violation,
in which case the suspension shall be for a period of 3
months;
44. Is under the age of 21 years at the time of arrest

SB1797 - 571 - LRB103 03433 AMQ 48439 b
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section;
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person;
46. Has committed a violation of subsection (j) of
Section 3-413 of this Code;
47. Has committed a violation of subsection (a) of
Section 11-502.1 of this Code;
48. Has submitted a falsified or altered medical
examiner's certificate to the Secretary of State or
provided false information to obtain a medical examiner's
certificate;
49. Has been convicted of a violation of Section
11-1002 or 11-1002.5 that resulted in a Type A injury to
another, in which case the driving privileges of the
person shall be suspended for 12 months;
50. Has committed a violation of subsection (b-5) of
Section 12-610.2 that resulted in great bodily harm,

SB1797 - 572 - LRB103 03433 AMQ 48439 b
permanent disability, or disfigurement, in which case the
driving privileges of the person shall be suspended for 12
months;
51. Has committed a violation of Section 10-15 Of the
Cannabis Regulation and Tax Act or a similar provision of
a local ordinance while in a motor vehicle; or
52. Has committed a violation of subsection (b) of
Section 10-20 of the Cannabis Regulation and Tax Act or a
similar provision of a local ordinance.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license
is deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license, or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6-month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or

SB1797 - 573 - LRB103 03433 AMQ 48439 b
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this
Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is
properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed
while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the

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privilege to drive any motor vehicle shall be suspended as set
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the
suspension period.
The provisions of this subparagraph shall not apply to any
driver required to possess a CDL for the purpose of operating a
commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges
revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order
of suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by
the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment-related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive

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necessary medical care, to allow the petitioner to transport
himself or herself to and from alcohol or drug remedial or
rehabilitative activity recommended by a licensed service
provider, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to
classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children,
elderly persons, or persons with disabilities who do not hold
driving privileges and are living in the petitioner's
household to and from child care or adult day care daycare. The
petitioner must demonstrate that no alternative means of
transportation is reasonably available and that the petitioner
will not endanger the public safety or welfare.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense, or a combination of these offenses,
arising out of separate occurrences, that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B) If a person's license or permit is revoked or

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suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense; or
(ii) a statutory summary suspension or revocation
under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B-5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount not

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to exceed $30 per month. The Secretary shall establish by
rule the amount and the procedures, terms, and conditions
relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that
person's employer when used solely for employment
purposes. For any person who, within a 5-year period, is
convicted of a second or subsequent offense under Section
11-501 of this Code, or a similar provision of a local
ordinance or similar out-of-state offense, this employment
exemption does not apply until either a one-year period
has elapsed during which that person had his or her
driving privileges revoked or a one-year period has
elapsed during which that person had a restricted driving
permit which required the use of an ignition interlock
device on every motor vehicle owned or operated by that
person.
(E) In each case the Secretary may issue a restricted
driving permit for a period deemed appropriate, except
that all permits shall expire no later than 2 years from
the date of issuance. A restricted driving permit issued
under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in

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like manner and for like cause as a driver's license
issued under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as
a condition to the issuance of a restricted driving
permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully
complete the program.
(F) A person subject to the provisions of paragraph 4
of subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation or after 5 years from the date of
release from a period of imprisonment resulting from a
conviction of the most recent offense, whichever is later,
provided the person, in addition to all other requirements
of the Secretary, shows by clear and convincing evidence:
(i) a minimum of 3 years of uninterrupted
abstinence from alcohol and the unlawful use or
consumption of cannabis under the Cannabis Control

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Act, a controlled substance under the Illinois
Controlled Substances Act, an intoxicating compound
under the Use of Intoxicating Compounds Act, or
methamphetamine under the Methamphetamine Control and
Community Protection Act; and
(ii) the successful completion of any
rehabilitative treatment and involvement in any
ongoing rehabilitative activity that may be
recommended by a properly licensed service provider
according to an assessment of the person's alcohol or
drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this subparagraph (F), the
Secretary may consider any relevant evidence, including,
but not limited to, testimony, affidavits, records, and
the results of regular alcohol or drug tests. Persons
subject to the provisions of paragraph 4 of subsection (b)
of Section 6-208 of this Code and who have been convicted
of more than one violation of paragraph (3), paragraph
(4), or paragraph (5) of subsection (a) of Section 11-501
of this Code shall not be eligible to apply for a
restricted driving permit under this subparagraph (F).
A restricted driving permit issued under this
subparagraph (F) shall provide that the holder may only
operate motor vehicles equipped with an ignition interlock
device as required under paragraph (2) of subsection (c)

SB1797 - 580 - LRB103 03433 AMQ 48439 b
of Section 6-205 of this Code and subparagraph (A) of
paragraph 3 of subsection (c) of this Section. The
Secretary may revoke a restricted driving permit or amend
the conditions of a restricted driving permit issued under
this subparagraph (F) if the holder operates a vehicle
that is not equipped with an ignition interlock device, or
for any other reason authorized under this Code.
A restricted driving permit issued under this
subparagraph (F) shall be revoked, and the holder barred
from applying for or being issued a restricted driving
permit in the future, if the holder is convicted of a
violation of Section 11-501 of this Code, a similar
provision of a local ordinance, or a similar offense in
another state.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon

SB1797 - 581 - LRB103 03433 AMQ 48439 b
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's
license will be suspended one month after the date of the
mailing of the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Driver License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 CFR 384, the Secretary of State
may not issue a restricted driving permit for the operation of
a commercial motor vehicle to a person holding a CDL whose
driving privileges have been suspended, revoked, cancelled, or
disqualified under any provisions of this Code.
(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.

SB1797 - 582 - LRB103 03433 AMQ 48439 b
8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,
eff. 5-13-22; revised 12-14-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12-month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;

SB1797 - 583 - LRB103 03433 AMQ 48439 b
4. Has by the unlawful operation of a motor vehicle
caused or contributed to a crash resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the crash, or shall start not more
than one year after the date of the crash, whichever date
occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;

SB1797 - 584 - LRB103 03433 AMQ 48439 b
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized
by a monitoring device driving permit, judicial driving
permit issued prior to January 1, 2009, probationary
license to drive, or restricted driving permit issued
under this Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license or permit
was invalid under the provisions of Sections 6-107.1 and
6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
14B of the Illinois Identification Card Act or a similar
offense in another state if, at the time of the offense,
the person held an Illinois driver's license or
identification card;

SB1797 - 585 - LRB103 03433 AMQ 48439 b
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to criminal trespass to vehicles if the person
exercised actual physical control over the vehicle during
the commission of the offense, in which case the
suspension shall be for one year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in Section
11-501.1;
18. (Blank);
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of a crash
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to unlawful use of weapons, in which case the

SB1797 - 586 - LRB103 03433 AMQ 48439 b
suspension shall be for one year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois or in
another state of or for a traffic-related offense that is
the same as or similar to an offense specified under
Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. (Blank);
28. Has been convicted for a first time of the illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in

SB1797 - 587 - LRB103 03433 AMQ 48439 b
which case the person's driving privileges shall be
suspended for one year. Any defendant found guilty of this
offense while operating a motor vehicle shall have an
entry made in the court record by the presiding judge that
this offense did occur while the defendant was operating a
motor vehicle and order the clerk of the court to report
the violation to the Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual assault
of a child, aggravated criminal sexual assault, criminal
sexual abuse, aggravated criminal sexual abuse, juvenile
pimping, soliciting for a juvenile prostitute, promoting
juvenile prostitution as described in subdivision (a)(1),
(a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
of 1961 or the Criminal Code of 2012, and the manufacture,
sale or delivery of controlled substances or instruments
used for illegal drug use or abuse in which case the
driver's driving privileges shall be suspended for one
year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by

SB1797 - 588 - LRB103 03433 AMQ 48439 b
Section 11-501.6 of this Code or Section 5-16c of the Boat
Registration and Safety Act or has submitted to a test
resulting in an alcohol concentration of 0.08 or more or
any amount of a drug, substance, or compound resulting
from the unlawful use or consumption of cannabis as listed
in the Cannabis Control Act, a controlled substance as
listed in the Illinois Controlled Substances Act, an
intoxicating compound as listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, in
which case the penalty shall be as prescribed in Section
6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 or the Criminal Code of 2012
relating to the aggravated discharge of a firearm if the
offender was located in a motor vehicle at the time the
firearm was discharged, in which case the suspension shall
be for 3 years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this
Code or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code or a similar provision of a local ordinance;
35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;

SB1797 - 589 - LRB103 03433 AMQ 48439 b
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24-month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance and the person was an occupant of a motor
vehicle at the time of the violation;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code or a similar provision of a
local ordinance;
43. Has received a disposition of court supervision

SB1797 - 590 - LRB103 03433 AMQ 48439 b
for a violation of subsection (a), (d), or (e) of Section
6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance and the person was an
occupant of a motor vehicle at the time of the violation,
in which case the suspension shall be for a period of 3
months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section;
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person;
46. Has committed a violation of subsection (j) of
Section 3-413 of this Code;
47. Has committed a violation of subsection (a) of
Section 11-502.1 of this Code;
48. Has submitted a falsified or altered medical
examiner's certificate to the Secretary of State or
provided false information to obtain a medical examiner's

SB1797 - 591 - LRB103 03433 AMQ 48439 b
certificate;
49. Has been convicted of a violation of Section
11-1002 or 11-1002.5 that resulted in a Type A injury to
another, in which case the driving privileges of the
person shall be suspended for 12 months;
50. Has committed a violation of subsection (b-5) of
Section 12-610.2 that resulted in great bodily harm,
permanent disability, or disfigurement, in which case the
driving privileges of the person shall be suspended for 12
months;
51. Has committed a violation of Section 10-15 Of the
Cannabis Regulation and Tax Act or a similar provision of
a local ordinance while in a motor vehicle; or
52. Has committed a violation of subsection (b) of
Section 10-20 of the Cannabis Regulation and Tax Act or a
similar provision of a local ordinance.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license
is deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license, or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the

SB1797 - 592 - LRB103 03433 AMQ 48439 b
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is
filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6-month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this
Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is
properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed

SB1797 - 593 - LRB103 03433 AMQ 48439 b
while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as set
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the
suspension period.
The provisions of this subparagraph shall not apply to any
driver required to possess a CDL for the purpose of operating a
commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges
revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order
of suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by

SB1797 - 594 - LRB103 03433 AMQ 48439 b
the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment-related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to transport
himself or herself to and from alcohol or drug remedial or
rehabilitative activity recommended by a licensed service
provider, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to
classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children,
elderly persons, or persons with disabilities who do not hold
driving privileges and are living in the petitioner's
household to and from child care or adult day care daycare. The
petitioner must demonstrate that no alternative means of
transportation is reasonably available and that the petitioner
will not endanger the public safety or welfare.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, where the use of alcohol or other drugs is

SB1797 - 595 - LRB103 03433 AMQ 48439 b
recited as an element of the offense, or a similar
out-of-state offense, or a combination of these offenses,
arising out of separate occurrences, that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense; or
(ii) a statutory summary suspension or revocation
under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B-5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a

SB1797 - 596 - LRB103 03433 AMQ 48439 b
local ordinance or similar out-of-state offense, that
person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount not
to exceed $30 per month. The Secretary shall establish by
rule the amount and the procedures, terms, and conditions
relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that
person's employer when used solely for employment
purposes. For any person who, within a 5-year period, is
convicted of a second or subsequent offense under Section
11-501 of this Code, or a similar provision of a local
ordinance or similar out-of-state offense, this employment
exemption does not apply until either a one-year period
has elapsed during which that person had his or her
driving privileges revoked or a one-year period has
elapsed during which that person had a restricted driving
permit which required the use of an ignition interlock
device on every motor vehicle owned or operated by that

SB1797 - 597 - LRB103 03433 AMQ 48439 b
person.
(E) In each case the Secretary may issue a restricted
driving permit for a period deemed appropriate, except
that all permits shall expire no later than 2 years from
the date of issuance. A restricted driving permit issued
under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license
issued under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as
a condition to the issuance of a restricted driving
permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully
complete the program.
(F) A person subject to the provisions of paragraph 4
of subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation or after 5 years from the date of

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release from a period of imprisonment resulting from a
conviction of the most recent offense, whichever is later,
provided the person, in addition to all other requirements
of the Secretary, shows by clear and convincing evidence:
(i) a minimum of 3 years of uninterrupted
abstinence from alcohol and the unlawful use or
consumption of cannabis under the Cannabis Control
Act, a controlled substance under the Illinois
Controlled Substances Act, an intoxicating compound
under the Use of Intoxicating Compounds Act, or
methamphetamine under the Methamphetamine Control and
Community Protection Act; and
(ii) the successful completion of any
rehabilitative treatment and involvement in any
ongoing rehabilitative activity that may be
recommended by a properly licensed service provider
according to an assessment of the person's alcohol or
drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this subparagraph (F), the
Secretary may consider any relevant evidence, including,
but not limited to, testimony, affidavits, records, and
the results of regular alcohol or drug tests. Persons
subject to the provisions of paragraph 4 of subsection (b)
of Section 6-208 of this Code and who have been convicted
of more than one violation of paragraph (3), paragraph

SB1797 - 599 - LRB103 03433 AMQ 48439 b
(4), or paragraph (5) of subsection (a) of Section 11-501
of this Code shall not be eligible to apply for a
restricted driving permit under this subparagraph (F).
A restricted driving permit issued under this
subparagraph (F) shall provide that the holder may only
operate motor vehicles equipped with an ignition interlock
device as required under paragraph (2) of subsection (c)
of Section 6-205 of this Code and subparagraph (A) of
paragraph 3 of subsection (c) of this Section. The
Secretary may revoke a restricted driving permit or amend
the conditions of a restricted driving permit issued under
this subparagraph (F) if the holder operates a vehicle
that is not equipped with an ignition interlock device, or
for any other reason authorized under this Code.
A restricted driving permit issued under this
subparagraph (F) shall be revoked, and the holder barred
from applying for or being issued a restricted driving
permit in the future, if the holder is convicted of a
violation of Section 11-501 of this Code, a similar
provision of a local ordinance, or a similar offense in
another state.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,

SB1797 - 600 - LRB103 03433 AMQ 48439 b
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's
license will be suspended one month after the date of the
mailing of the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Driver License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.

SB1797 - 601 - LRB103 03433 AMQ 48439 b
(f) In accordance with 49 CFR 384, the Secretary of State
may not issue a restricted driving permit for the operation of
a commercial motor vehicle to a person holding a CDL whose
driving privileges have been suspended, revoked, cancelled, or
disqualified under any provisions of this Code.
(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,
eff. 5-13-22; 102-982, eff. 7-1-23; revised 12-14-22.)
(625 ILCS 5/12-707.01) (from Ch. 95 1/2, par. 12-707.01)
(Text of Section before amendment by P.A. 102-982)
Sec. 12-707.01. Liability insurance.
(a) No school bus, first division vehicle including a taxi
which is used for a purpose that requires a school bus driver
permit, commuter van or motor vehicle owned by or used for hire
by and in connection with the operation of private or public
schools, day camps, summer camps or nursery schools, and no
commuter van or passenger car used for a for-profit
ridesharing arrangement, shall be operated for such purposes
unless the owner thereof shall carry a minimum of personal
injury liability insurance in the amount of $25,000 for any
one person in any one accident, and subject to the limit for
one person, $100,000 for two or more persons injured by reason
of the operation of the vehicle in any one accident. This
subsection (a) applies only to personal injury liability

SB1797 - 602 - LRB103 03433 AMQ 48439 b
policies issued or renewed before January 1, 2013.
(b) Liability insurance policies issued or renewed on and
after January 1, 2013 shall comply with the following:
(1) except as provided in subparagraph (2) of this
subsection (b), any vehicle that is used for a purpose
that requires a school bus driver permit under Section
6-104 of this Code shall carry a minimum of liability
insurance in the amount of $2,000,000. This minimum
insurance requirement may be satisfied by either (i) a
$2,000,000 combined single limit primary commercial
automobile policy; or (ii) a $1 million primary commercial
automobile policy and a minimum $5,000,000 excess or
umbrella liability policy;
(2) any vehicle that is used for a purpose that
requires a school bus driver permit under Section 6-104 of
this Code and is used in connection with the operation of
private child day care facilities, day camps, summer
camps, or nursery schools shall carry a minimum of
liability insurance in the amount of $1,000,000 combined
single limit per accident;
(3) any commuter van or passenger car used for a
for-profit ridesharing arrangement shall carry a minimum
of liability insurance in the amount of $500,000 combined
single limit per accident.
(c) Primary insurance coverage under the provisions of
this Section must be provided by a licensed and admitted

SB1797 - 603 - LRB103 03433 AMQ 48439 b
insurance carrier or an intergovernmental cooperative formed
under Section 10 of Article VII of the Illinois Constitution,
or Section 6 or 9 of the Intergovernmental Cooperation Act, or
provided by a certified self-insurer under Section 7-502 of
this Code. The excess or umbrella liability coverage
requirement may be met by securing surplus line insurance as
defined under Section 445 of the Illinois Insurance Code. If
the excess or umbrella liability coverage requirement is met
by securing surplus line insurance, that coverage must be
effected through a licensed surplus line producer acting under
the surplus line insurance laws and regulations of this State.
Nothing in this subsection (c) shall be construed as
prohibiting a licensed and admitted insurance carrier or an
intergovernmental cooperative formed under Section 10 of
Article VII of the Illinois Constitution, or Section 6 or 9 of
the Intergovernmental Cooperation Act, or a certified
self-insurer under Section 7-502 of this Code, from retaining
the risk required under paragraphs (1) and (2) of subsection
(b) of this Section or issuing a single primary policy meeting
the requirements of paragraphs (1) and (2) of subsection (b).
(d) Each owner of a vehicle required to obtain the minimum
liability requirements under subsection (b) of this Section
shall attest that the vehicle meets the minimum insurance
requirements under this Section. The Secretary of State shall
create a form for each owner of a vehicle to attest that the
owner meets the minimum insurance requirements and the owner

SB1797 - 604 - LRB103 03433 AMQ 48439 b
of the vehicle shall submit the form with each registration
application. The form shall be valid for the full registration
period; however, if at any time the Secretary has reason to
believe that the owner does not have the minimum required
amount of insurance for a vehicle, then the Secretary may
require a certificate of insurance, or its equivalent, to
ensure the vehicle is insured. If the owner fails to produce a
certificate of insurance, or its equivalent, within 2 calendar
days after the request was made, then the Secretary may revoke
the vehicle owner's registration until the Secretary is
assured the vehicle meets the minimum insurance requirements.
If the owner of a vehicle participates in an intergovernmental
cooperative or is self-insured, then the owner shall attest
that the insurance required under this Section is equivalent
to or greater than the insurance required under paragraph (1)
of subsection (b) of this Section. The Secretary may adopt any
rules necessary to enforce the provisions of this subsection
(d).
(Source: P.A. 99-595, eff. 1-1-17.)
(Text of Section after amendment by P.A. 102-982)
Sec. 12-707.01. Liability insurance.
(a) No school bus, first division vehicle including a taxi
which is used for a purpose that requires a school bus driver
permit, commuter van or motor vehicle owned by or used for hire
by and in connection with the operation of private or public

SB1797 - 605 - LRB103 03433 AMQ 48439 b
schools, day camps, summer camps or nursery schools, and no
commuter van or passenger car used for a for-profit
ridesharing arrangement, shall be operated for such purposes
unless the owner thereof shall carry a minimum of personal
injury liability insurance in the amount of $25,000 for any
one person in any one crash, and subject to the limit for one
person, $100,000 for two or more persons injured by reason of
the operation of the vehicle in any one crash. This subsection
(a) applies only to personal injury liability policies issued
or renewed before January 1, 2013.
(b) Liability insurance policies issued or renewed on and
after January 1, 2013 shall comply with the following:
(1) except as provided in subparagraph (2) of this
subsection (b), any vehicle that is used for a purpose
that requires a school bus driver permit under Section
6-104 of this Code shall carry a minimum of liability
insurance in the amount of $2,000,000. This minimum
insurance requirement may be satisfied by either (i) a
$2,000,000 combined single limit primary commercial
automobile policy; or (ii) a $1 million primary commercial
automobile policy and a minimum $5,000,000 excess or
umbrella liability policy;
(2) any vehicle that is used for a purpose that
requires a school bus driver permit under Section 6-104 of
this Code and is used in connection with the operation of
private child day care facilities, day camps, summer

SB1797 - 606 - LRB103 03433 AMQ 48439 b
camps, or nursery schools shall carry a minimum of
liability insurance in the amount of $1,000,000 combined
single limit per crash;
(3) any commuter van or passenger car used for a
for-profit ridesharing arrangement shall carry a minimum
of liability insurance in the amount of $500,000 combined
single limit per crash.
(c) Primary insurance coverage under the provisions of
this Section must be provided by a licensed and admitted
insurance carrier or an intergovernmental cooperative formed
under Section 10 of Article VII of the Illinois Constitution,
or Section 6 or 9 of the Intergovernmental Cooperation Act, or
provided by a certified self-insurer under Section 7-502 of
this Code. The excess or umbrella liability coverage
requirement may be met by securing surplus line insurance as
defined under Section 445 of the Illinois Insurance Code. If
the excess or umbrella liability coverage requirement is met
by securing surplus line insurance, that coverage must be
effected through a licensed surplus line producer acting under
the surplus line insurance laws and regulations of this State.
Nothing in this subsection (c) shall be construed as
prohibiting a licensed and admitted insurance carrier or an
intergovernmental cooperative formed under Section 10 of
Article VII of the Illinois Constitution, or Section 6 or 9 of
the Intergovernmental Cooperation Act, or a certified
self-insurer under Section 7-502 of this Code, from retaining

SB1797 - 607 - LRB103 03433 AMQ 48439 b
the risk required under paragraphs (1) and (2) of subsection
(b) of this Section or issuing a single primary policy meeting
the requirements of paragraphs (1) and (2) of subsection (b).
(d) Each owner of a vehicle required to obtain the minimum
liability requirements under subsection (b) of this Section
shall attest that the vehicle meets the minimum insurance
requirements under this Section. The Secretary of State shall
create a form for each owner of a vehicle to attest that the
owner meets the minimum insurance requirements and the owner
of the vehicle shall submit the form with each registration
application. The form shall be valid for the full registration
period; however, if at any time the Secretary has reason to
believe that the owner does not have the minimum required
amount of insurance for a vehicle, then the Secretary may
require a certificate of insurance, or its equivalent, to
ensure the vehicle is insured. If the owner fails to produce a
certificate of insurance, or its equivalent, within 2 calendar
days after the request was made, then the Secretary may revoke
the vehicle owner's registration until the Secretary is
assured the vehicle meets the minimum insurance requirements.
If the owner of a vehicle participates in an intergovernmental
cooperative or is self-insured, then the owner shall attest
that the insurance required under this Section is equivalent
to or greater than the insurance required under paragraph (1)
of subsection (b) of this Section. The Secretary may adopt any
rules necessary to enforce the provisions of this subsection

SB1797 - 608 - LRB103 03433 AMQ 48439 b
(d).
(Source: P.A. 102-982, eff. 7-1-23.)
Section 280. The Criminal Code of 2012 is amended by
changing Sections 2-5.1, 2-5.2, 2-8.1, 11-0.1, 11-9.3, 11-24,
18-1, 19-1, and 48-1 as follows:
(720 ILCS 5/2-5.1)
Sec. 2-5.1. Child Day care center. "Child Day care center"
has the meaning ascribed to it in Section 2.09 of the Child
Care Act of 1969.
(Source: P.A. 96-556, eff. 1-1-10.)
(720 ILCS 5/2-5.2)
Sec. 2-5.2. Child Day care home. "Child Day care home" has
the meaning ascribed to it in Section 2.18 of the Child Care
Act of 1969.
(Source: P.A. 96-556, eff. 1-1-10.)
(720 ILCS 5/2-8.1)
Sec. 2-8.1. Group child day care home. "Group child day
care home" has the meaning ascribed to it in Section 2.20 of
the Child Care Act of 1969.
(Source: P.A. 96-556, eff. 1-1-10.)
(720 ILCS 5/11-0.1)

SB1797 - 609 - LRB103 03433 AMQ 48439 b
Sec. 11-0.1. Definitions. In this Article, unless the
context clearly requires otherwise, the following terms are
defined as indicated:
"Accused" means a person accused of an offense prohibited
by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
this Code or a person for whose conduct the accused is legally
responsible under Article 5 of this Code.
"Adult obscenity or child pornography Internet site". See
Section 11-23.
"Advance prostitution" means:
(1) Soliciting for a prostitute by performing any of
the following acts when acting other than as a prostitute
or a patron of a prostitute:
(A) Soliciting another for the purpose of
prostitution.
(B) Arranging or offering to arrange a meeting of
persons for the purpose of prostitution.
(C) Directing another to a place knowing the
direction is for the purpose of prostitution.
(2) Keeping a place of prostitution by controlling or
exercising control over the use of any place that could
offer seclusion or shelter for the practice of
prostitution and performing any of the following acts when
acting other than as a prostitute or a patron of a
prostitute:
(A) Knowingly granting or permitting the use of

SB1797 - 610 - LRB103 03433 AMQ 48439 b
the place for the purpose of prostitution.
(B) Granting or permitting the use of the place
under circumstances from which he or she could
reasonably know that the place is used or is to be used
for purposes of prostitution.
(C) Permitting the continued use of the place
after becoming aware of facts or circumstances from
which he or she should reasonably know that the place
is being used for purposes of prostitution.
"Agency". See Section 11-9.5.
"Arranges". See Section 11-6.5.
"Bodily harm" means physical harm, and includes, but is
not limited to, sexually transmitted disease, pregnancy, and
impotence.
"Care and custody". See Section 11-9.5.
"Child care institution". See Section 11-9.3.
"Child pornography". See Section 11-20.1.
"Child sex offender". See Section 11-9.3.
"Community agency". See Section 11-9.5.
"Conditional release". See Section 11-9.2.
"Consent" means a freely given agreement to the act of
sexual penetration or sexual conduct in question. Lack of
verbal or physical resistance or submission by the victim
resulting from the use of force or threat of force by the
accused shall not constitute consent. The manner of dress of
the victim at the time of the offense shall not constitute

SB1797 - 611 - LRB103 03433 AMQ 48439 b
consent.
"Custody". See Section 11-9.2.
"Child Day care center". See Section 11-9.3.
"Depict by computer". See Section 11-20.1.
"Depiction by computer". See Section 11-20.1.
"Disseminate". See Section 11-20.1.
"Distribute". See Section 11-21.
"Family member" means a parent, grandparent, child, aunt,
uncle, great-aunt, or great-uncle, whether by whole blood,
half-blood, or adoption, and includes a step-grandparent,
step-parent, or step-child. "Family member" also means, if the
victim is a child under 18 years of age, an accused who has
resided in the household with the child continuously for at
least 6 months.
"Force or threat of force" means the use of force or
violence or the threat of force or violence, including, but
not limited to, the following situations:
(1) when the accused threatens to use force or
violence on the victim or on any other person, and the
victim under the circumstances reasonably believes that
the accused has the ability to execute that threat; or
(2) when the accused overcomes the victim by use of
superior strength or size, physical restraint, or physical
confinement.
"Harmful to minors". See Section 11-21.
"Loiter". See Section 9.3.

SB1797 - 612 - LRB103 03433 AMQ 48439 b
"Material". See Section 11-21.
"Minor". See Section 11-21.
"Nudity". See Section 11-21.
"Obscene". See Section 11-20.
"Part day child care facility". See Section 11-9.3.
"Penal system". See Section 11-9.2.
"Person responsible for the child's welfare". See Section
11-9.1A.
"Person with a disability". See Section 11-9.5.
"Playground". See Section 11-9.3.
"Probation officer". See Section 11-9.2.
"Produce". See Section 11-20.1.
"Profit from prostitution" means, when acting other than
as a prostitute, to receive anything of value for personally
rendered prostitution services or to receive anything of value
from a prostitute, if the thing received is not for lawful
consideration and the person knows it was earned in whole or in
part from the practice of prostitution.
"Public park". See Section 11-9.3.
"Public place". See Section 11-30.
"Reproduce". See Section 11-20.1.
"Sado-masochistic abuse". See Section 11-21.
"School". See Section 11-9.3.
"School official". See Section 11-9.3.
"Sexual abuse". See Section 11-9.1A.
"Sexual act". See Section 11-9.1.

SB1797 - 613 - LRB103 03433 AMQ 48439 b
"Sexual conduct" means any knowing touching or fondling by
the victim or the accused, either directly or through
clothing, of the sex organs, anus, or breast of the victim or
the accused, or any part of the body of a child under 13 years
of age, or any transfer or transmission of semen by the accused
upon any part of the clothed or unclothed body of the victim,
for the purpose of sexual gratification or arousal of the
victim or the accused.
"Sexual excitement". See Section 11-21.
"Sexual penetration" means any contact, however slight,
between the sex organ or anus of one person and an object or
the sex organ, mouth, or anus of another person, or any
intrusion, however slight, of any part of the body of one
person or of any animal or object into the sex organ or anus of
another person, including, but not limited to, cunnilingus,
fellatio, or anal penetration. Evidence of emission of semen
is not required to prove sexual penetration.
"Solicit". See Section 11-6.
"State-operated facility". See Section 11-9.5.
"Supervising officer". See Section 11-9.2.
"Surveillance agent". See Section 11-9.2.
"Treatment and detention facility". See Section 11-9.2.
"Unable to give knowing consent" includes when the accused
administers any intoxicating or anesthetic substance, or any
controlled substance causing the victim to become unconscious
of the nature of the act and this condition was known, or

SB1797 - 614 - LRB103 03433 AMQ 48439 b
reasonably should have been known by the accused. "Unable to
give knowing consent" also includes when the victim has taken
an intoxicating substance or any controlled substance causing
the victim to become unconscious of the nature of the act, and
this condition was known or reasonably should have been known
by the accused, but the accused did not provide or administer
the intoxicating substance. As used in this paragraph,
"unconscious of the nature of the act" means incapable of
resisting because the victim meets any one of the following
conditions:
(1) was unconscious or asleep;
(2) was not aware, knowing, perceiving, or cognizant
that the act occurred;
(3) was not aware, knowing, perceiving, or cognizant
of the essential characteristics of the act due to the
perpetrator's fraud in fact; or
(4) was not aware, knowing, perceiving, or cognizant
of the essential characteristics of the act due to the
perpetrator's fraudulent representation that the sexual
penetration served a professional purpose when it served
no professional purpose.
A victim is presumed "unable to give knowing consent" when
the victim:
(1) is committed to the care and custody or
supervision of the Illinois Department of Corrections
(IDOC) and the accused is an employee or volunteer who is

SB1797 - 615 - LRB103 03433 AMQ 48439 b
not married to the victim who knows or reasonably should
know that the victim is committed to the care and custody
or supervision of such department;
(2) is committed to or placed with the Department of
Children and Family Services (DCFS) and in residential
care, and the accused employee is not married to the
victim, and knows or reasonably should know that the
victim is committed to or placed with DCFS and in
residential care;
(3) is a client or patient and the accused is a health
care provider or mental health care provider and the
sexual conduct or sexual penetration occurs during a
treatment session, consultation, interview, or
examination;
(4) is a resident or inpatient of a residential
facility and the accused is an employee of the facility
who is not married to such resident or inpatient who
provides direct care services, case management services,
medical or other clinical services, habilitative services
or direct supervision of the residents in the facility in
which the resident resides; or an officer or other
employee, consultant, contractor or volunteer of the
residential facility, who knows or reasonably should know
that the person is a resident of such facility; or
(5) is detained or otherwise in the custody of a
police officer, peace officer, or other law enforcement

SB1797 - 616 - LRB103 03433 AMQ 48439 b
official who: (i) is detaining or maintaining custody of
such person; or (ii) knows, or reasonably should know,
that at the time of the offense, such person was detained
or in custody and the police officer, peace officer, or
other law enforcement official is not married to such
detainee.
"Victim" means a person alleging to have been subjected to
an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, or 11-1.60 of this Code.
(Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23.)
(720 ILCS 5/11-9.3)
Sec. 11-9.3. Presence within school zone by child sex
offenders prohibited; approaching, contacting, residing with,
or communicating with a child within certain places by child
sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be
present in any school building, on real property comprising
any school, or in any conveyance owned, leased, or contracted
by a school to transport students to or from school or a school
related activity when persons under the age of 18 are present
in the building, on the grounds or in the conveyance, unless
the offender is a parent or guardian of a student attending the
school and the parent or guardian is: (i) attending a
conference at the school with school personnel to discuss the
progress of his or her child academically or socially, (ii)

SB1797 - 617 - LRB103 03433 AMQ 48439 b
participating in child review conferences in which evaluation
and placement decisions may be made with respect to his or her
child regarding special education services, or (iii) attending
conferences to discuss other student issues concerning his or
her child such as retention and promotion and notifies the
principal of the school of his or her presence at the school or
unless the offender has permission to be present from the
superintendent or the school board or in the case of a private
school from the principal. In the case of a public school, if
permission is granted, the superintendent or school board
president must inform the principal of the school where the
sex offender will be present. Notification includes the nature
of the sex offender's visit and the hours in which the sex
offender will be present in the school. The sex offender is
responsible for notifying the principal's office when he or
she arrives on school property and when he or she departs from
school property. If the sex offender is to be present in the
vicinity of children, the sex offender has the duty to remain
under the direct supervision of a school official.
(a-5) It is unlawful for a child sex offender to knowingly
be present within 100 feet of a site posted as a pick-up or
discharge stop for a conveyance owned, leased, or contracted
by a school to transport students to or from school or a school
related activity when one or more persons under the age of 18
are present at the site.
(a-10) It is unlawful for a child sex offender to

SB1797 - 618 - LRB103 03433 AMQ 48439 b
knowingly be present in any public park building, a playground
or recreation area within any publicly accessible privately
owned building, or on real property comprising any public park
when persons under the age of 18 are present in the building or
on the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
(b) It is unlawful for a child sex offender to knowingly
loiter within 500 feet of a school building or real property
comprising any school while persons under the age of 18 are
present in the building or on the grounds, unless the offender
is a parent or guardian of a student attending the school and
the parent or guardian is: (i) attending a conference at the
school with school personnel to discuss the progress of his or
her child academically or socially, (ii) participating in
child review conferences in which evaluation and placement
decisions may be made with respect to his or her child
regarding special education services, or (iii) attending
conferences to discuss other student issues concerning his or
her child such as retention and promotion and notifies the
principal of the school of his or her presence at the school or
has permission to be present from the superintendent or the
school board or in the case of a private school from the
principal. In the case of a public school, if permission is
granted, the superintendent or school board president must

SB1797 - 619 - LRB103 03433 AMQ 48439 b
inform the principal of the school where the sex offender will
be present. Notification includes the nature of the sex
offender's visit and the hours in which the sex offender will
be present in the school. The sex offender is responsible for
notifying the principal's office when he or she arrives on
school property and when he or she departs from school
property. If the sex offender is to be present in the vicinity
of children, the sex offender has the duty to remain under the
direct supervision of a school official.
(b-2) It is unlawful for a child sex offender to knowingly
loiter on a public way within 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
(b-5) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a school building or the real
property comprising any school that persons under the age of
18 attend. Nothing in this subsection (b-5) prohibits a child
sex offender from residing within 500 feet of a school
building or the real property comprising any school that
persons under 18 attend if the property is owned by the child
sex offender and was purchased before July 7, 2000 (the
effective date of Public Act 91-911).

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(b-10) It is unlawful for a child sex offender to
knowingly reside within 500 feet of a playground, child care
institution, child day care center, part day child care
facility, child day care home, group child day care home, or a
facility providing programs or services exclusively directed
toward persons under 18 years of age. Nothing in this
subsection (b-10) prohibits a child sex offender from residing
within 500 feet of a playground or a facility providing
programs or services exclusively directed toward persons under
18 years of age if the property is owned by the child sex
offender and was purchased before July 7, 2000. Nothing in
this subsection (b-10) prohibits a child sex offender from
residing within 500 feet of a child care institution, child
day care center, or part day child care facility if the
property is owned by the child sex offender and was purchased
before June 26, 2006. Nothing in this subsection (b-10)
prohibits a child sex offender from residing within 500 feet
of a child day care home or group child day care home if the
property is owned by the child sex offender and was purchased
before August 14, 2008 (the effective date of Public Act
95-821).
(b-15) It is unlawful for a child sex offender to
knowingly reside within 500 feet of the victim of the sex
offense. Nothing in this subsection (b-15) prohibits a child
sex offender from residing within 500 feet of the victim if the
property in which the child sex offender resides is owned by

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the child sex offender and was purchased before August 22,
2002.
This subsection (b-15) does not apply if the victim of the
sex offense is 21 years of age or older.
(b-20) It is unlawful for a child sex offender to
knowingly communicate, other than for a lawful purpose under
Illinois law, using the Internet or any other digital media,
with a person under 18 years of age or with a person whom he or
she believes to be a person under 18 years of age, unless the
offender is a parent or guardian of the person under 18 years
of age.
(c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed toward persons under
the age of 18; (ii) child day care center; (iii) part day child
care facility; (iv) child care institution; (v) school
providing before and after school programs for children under
18 years of age; (vi) child day care home; or (vii) group child
day care home. This does not prohibit a child sex offender from
owning the real property upon which the programs or services
are offered or upon which the child day care center, part day
child care facility, child care institution, or school
providing before and after school programs for children under
18 years of age is located, provided the child sex offender
refrains from being present on the premises for the hours

SB1797 - 622 - LRB103 03433 AMQ 48439 b
during which: (1) the programs or services are being offered
or (2) the child day care center, part day child care facility,
child care institution, or school providing before and after
school programs for children under 18 years of age, child day
care home, or group child day care home is operated.
(c-2) It is unlawful for a child sex offender to
participate in a holiday event involving children under 18
years of age, including but not limited to distributing candy
or other items to children on Halloween, wearing a Santa Claus
costume on or preceding Christmas, being employed as a
department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter. For the purposes of this
subsection, child sex offender has the meaning as defined in
this Section, but does not include as a sex offense under
paragraph (2) of subsection (d) of this Section, the offense
under subsection (c) of Section 11-1.50 of this Code. This
subsection does not apply to a child sex offender who is a
parent or guardian of children under 18 years of age that are
present in the home and other non-familial minors are not
present.
(c-5) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, or be associated with any
carnival, amusement enterprise, or county or State fair when
persons under the age of 18 are present.
(c-6) It is unlawful for a child sex offender who owns and
resides at residential real estate to knowingly rent any

SB1797 - 623 - LRB103 03433 AMQ 48439 b
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
January 1, 2009 (the effective date of Public Act 95-820).
(c-7) It is unlawful for a child sex offender to knowingly
offer or provide any programs or services to persons under 18
years of age in his or her residence or the residence of
another or in any facility for the purpose of offering or
providing such programs or services, whether such programs or
services are offered or provided by contract, agreement,
arrangement, or on a volunteer basis.
(c-8) It is unlawful for a child sex offender to knowingly
operate, whether authorized to do so or not, any of the
following vehicles: (1) a vehicle which is specifically
designed, constructed or modified and equipped to be used for
the retail sale of food or beverages, including but not
limited to an ice cream truck; (2) an authorized emergency
vehicle; or (3) a rescue vehicle.
(d) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any
substantially similar federal law or law of another
state, with a sex offense set forth in paragraph (2) of
this subsection (d) or the attempt to commit an
included sex offense, and the victim is a person under

SB1797 - 624 - LRB103 03433 AMQ 48439 b
18 years of age at the time of the offense; and:
(A) is convicted of such offense or an attempt
to commit such offense; or
(B) is found not guilty by reason of insanity
of such offense or an attempt to commit such
offense; or
(C) is found not guilty by reason of insanity
pursuant to subsection (c) of Section 104-25 of
the Code of Criminal Procedure of 1963 of such
offense or an attempt to commit such offense; or
(D) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged
commission or attempted commission of such
offense; or
(E) is found not guilty by reason of insanity
following a hearing conducted pursuant to a
federal law or the law of another state
substantially similar to subsection (c) of Section
104-25 of the Code of Criminal Procedure of 1963
of such offense or of the attempted commission of
such offense; or
(F) is the subject of a finding not resulting
in an acquittal at a hearing conducted pursuant to
a federal law or the law of another state

SB1797 - 625 - LRB103 03433 AMQ 48439 b
substantially similar to subsection (a) of Section
104-25 of the Code of Criminal Procedure of 1963
for the alleged violation or attempted commission
of such offense; or
(ii) is certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons
Act, or any substantially similar federal law or the
law of another state, when any conduct giving rise to
such certification is committed or attempted against a
person less than 18 years of age; or
(iii) is subject to the provisions of Section 2 of
the Interstate Agreements on Sexually Dangerous
Persons Act.
Convictions that result from or are connected with the
same act, or result from offenses committed at the same
time, shall be counted for the purpose of this Section as
one conviction. Any conviction set aside pursuant to law
is not a conviction for purposes of this Section.
(2) Except as otherwise provided in paragraph (2.5),
"sex offense" means:
(i) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012: 10-4 (forcible detention), 10-7 (aiding or
abetting child abduction under Section 10-5(b)(10)),
10-5(b)(10) (child luring), 11-1.40 (predatory
criminal sexual assault of a child), 11-6 (indecent

SB1797 - 626 - LRB103 03433 AMQ 48439 b
solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-9.1 (sexual exploitation
of a child), 11-9.2 (custodial sexual misconduct),
11-9.5 (sexual misconduct with a person with a
disability), 11-11 (sexual relations within families),
11-14.3(a)(1) (promoting prostitution by advancing
prostitution), 11-14.3(a)(2)(A) (promoting
prostitution by profiting from prostitution by
compelling a person to be a prostitute),
11-14.3(a)(2)(C) (promoting prostitution by profiting
from prostitution by means other than as described in
subparagraphs (A) and (B) of paragraph (2) of
subsection (a) of Section 11-14.3), 11-14.4 (promoting
juvenile prostitution), 11-18.1 (patronizing a
juvenile prostitute), 11-20.1 (child pornography),
11-20.1B (aggravated child pornography), 11-21
(harmful material), 11-25 (grooming), 11-26 (traveling
to meet a minor or traveling to meet a child), 12-33
(ritualized abuse of a child), 11-20 (obscenity) (when
that offense was committed in any school, on real
property comprising any school, in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related
activity, or in a public park), 11-30 (public
indecency) (when committed in a school, on real
property comprising a school, in any conveyance owned,

SB1797 - 627 - LRB103 03433 AMQ 48439 b
leased, or contracted by a school to transport
students to or from school or a school related
activity, or in a public park). An attempt to commit
any of these offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of
age: 11-1.20 (criminal sexual assault), 11-1.30
(aggravated criminal sexual assault), 11-1.50
(criminal sexual abuse), 11-1.60 (aggravated criminal
sexual abuse). An attempt to commit any of these
offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of age
and the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
11-9.1(A) (permitting sexual abuse of a child).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in
clause (2)(i) or (2)(ii) of subsection (d) of this
Section.

SB1797 - 628 - LRB103 03433 AMQ 48439 b
(2.5) For the purposes of subsections (b-5) and (b-10)
only, a sex offense means:
(i) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012:
10-5(b)(10) (child luring), 10-7 (aiding or
abetting child abduction under Section 10-5(b)(10)),
11-1.40 (predatory criminal sexual assault of a
child), 11-6 (indecent solicitation of a child),
11-6.5 (indecent solicitation of an adult), 11-9.2
(custodial sexual misconduct), 11-9.5 (sexual
misconduct with a person with a disability), 11-11
(sexual relations within families), 11-14.3(a)(1)
(promoting prostitution by advancing prostitution),
11-14.3(a)(2)(A) (promoting prostitution by profiting
from prostitution by compelling a person to be a
prostitute), 11-14.3(a)(2)(C) (promoting prostitution
by profiting from prostitution by means other than as
described in subparagraphs (A) and (B) of paragraph
(2) of subsection (a) of Section 11-14.3), 11-14.4
(promoting juvenile prostitution), 11-18.1
(patronizing a juvenile prostitute), 11-20.1 (child
pornography), 11-20.1B (aggravated child pornography),
11-25 (grooming), 11-26 (traveling to meet a minor or
traveling to meet a child), or 12-33 (ritualized abuse
of a child). An attempt to commit any of these

SB1797 - 629 - LRB103 03433 AMQ 48439 b
offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of
age: 11-1.20 (criminal sexual assault), 11-1.30
(aggravated criminal sexual assault), 11-1.60
(aggravated criminal sexual abuse), and subsection (a)
of Section 11-1.50 (criminal sexual abuse). An attempt
to commit any of these offenses.
(iii) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of age
and the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint),
11-9.1(A) (permitting sexual abuse of a child).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this
paragraph (2.5) of this subsection.
(3) A conviction for an offense of federal law or the
law of another state that is substantially equivalent to
any offense listed in paragraph (2) of subsection (d) of
this Section shall constitute a conviction for the purpose

SB1797 - 630 - LRB103 03433 AMQ 48439 b
of this Section. A finding or adjudication as a sexually
dangerous person under any federal law or law of another
state that is substantially equivalent to the Sexually
Dangerous Persons Act shall constitute an adjudication for
the purposes of this Section.
(4) "Authorized emergency vehicle", "rescue vehicle",
and "vehicle" have the meanings ascribed to them in
Sections 1-105, 1-171.8 and 1-217, respectively, of the
Illinois Vehicle Code.
(5) "Child care institution" has the meaning ascribed
to it in Section 2.06 of the Child Care Act of 1969.
(6) "Child Day care center" has the meaning ascribed
to it in Section 2.09 of the Child Care Act of 1969.
(7) "Child Day care home" has the meaning ascribed to
it in Section 2.18 of the Child Care Act of 1969.
(8) "Facility providing programs or services directed
towards persons under the age of 18" means any facility
providing programs or services exclusively directed
towards persons under the age of 18.
(9) "Group child day care home" has the meaning
ascribed to it in Section 2.20 of the Child Care Act of
1969.
(10) "Internet" has the meaning set forth in Section
16-0.1 of this Code.
(11) "Loiter" means:
(i) Standing, sitting idly, whether or not the

SB1797 - 631 - LRB103 03433 AMQ 48439 b
person is in a vehicle, or remaining in or around
school or public park property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle, or remaining in or around
school or public park property, for the purpose of
committing or attempting to commit a sex offense.
(iii) Entering or remaining in a building in or
around school property, other than the offender's
residence.
(12) "Part day child care facility" has the meaning
ascribed to it in Section 2.10 of the Child Care Act of
1969.
(13) "Playground" means a piece of land owned or
controlled by a unit of local government that is
designated by the unit of local government for use solely
or primarily for children's recreation.
(14) "Public park" includes a park, forest preserve,
bikeway, trail, or conservation area under the
jurisdiction of the State or a unit of local government.
(15) "School" means a public or private preschool or
elementary or secondary school.
(16) "School official" means the principal, a teacher,
or any other certified employee of the school, the
superintendent of schools or a member of the school board.
(e) For the purposes of this Section, the 500 feet
distance shall be measured from: (1) the edge of the property

SB1797 - 632 - LRB103 03433 AMQ 48439 b
of the school building or the real property comprising the
school that is closest to the edge of the property of the child
sex offender's residence or where he or she is loitering, and
(2) the edge of the property comprising the public park
building or the real property comprising the public park,
playground, child care institution, child day care center,
part day child care facility, or facility providing programs
or services exclusively directed toward persons under 18 years
of age, or a victim of the sex offense who is under 21 years of
age, to the edge of the child sex offender's place of residence
or place where he or she is loitering.
(f) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 102-997, eff. 1-1-23.)
(720 ILCS 5/11-24)
Sec. 11-24. Child photography by sex offender.
(a) In this Section:
"Child" means a person under 18 years of age.
"Child sex offender" has the meaning ascribed to it in
Section 11-0.1 of this Code.
(b) It is unlawful for a child sex offender to knowingly:
(1) conduct or operate any type of business in which
he or she photographs, videotapes, or takes a digital
image of a child; or
(2) conduct or operate any type of business in which

SB1797 - 633 - LRB103 03433 AMQ 48439 b
he or she instructs or directs another person to
photograph, videotape, or take a digital image of a child;
or
(3) photograph, videotape, or take a digital image of
a child, or instruct or direct another person to
photograph, videotape, or take a digital image of a child
without the consent of the parent or guardian.
(c) Sentence. A violation of this Section is a Class 2
felony. A person who violates this Section at a playground,
park facility, school, forest preserve, child day care
facility, or at a facility providing programs or services
directed to persons under 17 years of age is guilty of a Class
1 felony.
(Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.)
(720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
Sec. 18-1. Robbery; aggravated robbery.
(a) Robbery. A person commits robbery when he or she
knowingly takes property, except a motor vehicle covered by
Section 18-3 or 18-4, from the person or presence of another by
the use of force or by threatening the imminent use of force.
(b) Aggravated robbery.
(1) A person commits aggravated robbery when he or she
violates subsection (a) while indicating verbally or by
his or her actions to the victim that he or she is
presently armed with a firearm or other dangerous weapon,

SB1797 - 634 - LRB103 03433 AMQ 48439 b
including a knife, club, ax, or bludgeon. This offense
shall be applicable even though it is later determined
that he or she had no firearm or other dangerous weapon,
including a knife, club, ax, or bludgeon, in his or her
possession when he or she committed the robbery.
(2) A person commits aggravated robbery when he or she
knowingly takes property from the person or presence of
another by delivering (by injection, inhalation,
ingestion, transfer of possession, or any other means) to
the victim without his or her consent, or by threat or
deception, and for other than medical purposes, any
controlled substance.
(c) Sentence.
Robbery is a Class 2 felony, unless the victim is 60 years
of age or over or is a person with a physical disability, or
the robbery is committed in a school, child day care center,
child day care home, group child day care home, or part day
child care facility, or place of worship, in which case
robbery is a Class 1 felony. Aggravated robbery is a Class 1
felony.
(d) Regarding penalties prescribed in subsection (c) for
violations committed in a child day care center, child day
care home, group child day care home, or part day child care
facility, the time of day, time of year, and whether children
under 18 years of age were present in the child day care
center, child day care home, group child day care home, or part

SB1797 - 635 - LRB103 03433 AMQ 48439 b
day child care facility are irrelevant.
(Source: P.A. 99-143, eff. 7-27-15.)
(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
Sec. 19-1. Burglary.
(a) A person commits burglary when without authority he or
she knowingly enters or without authority remains within a
building, housetrailer, watercraft, aircraft, motor vehicle,
railroad car, freight container, or any part thereof, with
intent to commit therein a felony or theft. This offense shall
not include the offenses set out in Section 4-102 of the
Illinois Vehicle Code.
(b) Sentence.
Burglary committed in, and without causing damage to, a
watercraft, aircraft, motor vehicle, railroad car, freight
container, or any part thereof is a Class 3 felony. Burglary
committed in a building, housetrailer, or any part thereof or
while causing damage to a watercraft, aircraft, motor vehicle,
railroad car, freight container, or any part thereof is a
Class 2 felony. A burglary committed in a school, child day
care center, child day care home, group child day care home, or
part day child care facility, or place of worship is a Class 1
felony, except that this provision does not apply to a child
day care center, child day care home, group child day care
home, or part day child care facility operated in a private
residence used as a dwelling.

SB1797 - 636 - LRB103 03433 AMQ 48439 b
(c) Regarding penalties prescribed in subsection (b) for
violations committed in a child day care center, child day
care home, group child day care home, or part day child care
facility, the time of day, time of year, and whether children
under 18 years of age were present in the child day care
center, child day care home, group child day care home, or part
day child care facility are irrelevant.
(Source: P.A. 102-546, eff. 1-1-22.)
(720 ILCS 5/48-1) (was 720 ILCS 5/26-5)
Sec. 48-1. Dog fighting. (For other provisions that may
apply to dog fighting, see the Humane Care for Animals Act. For
provisions similar to this Section that apply to animals other
than dogs, see in particular Section 4.01 of the Humane Care
for Animals Act.)
(a) No person may own, capture, breed, train, or lease any
dog which he or she knows is intended for use in any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between the dog and any other animal or
human, or the intentional killing of any dog for the purpose of
sport, wagering, or entertainment.
(b) No person may promote, conduct, carry on, advertise,
collect money for or in any other manner assist or aid in the
presentation for purposes of sport, wagering, or entertainment
of any show, exhibition, program, or other activity involving
a fight between 2 or more dogs or any dog and human, or the

SB1797 - 637 - LRB103 03433 AMQ 48439 b
intentional killing of any dog.
(c) No person may sell or offer for sale, ship, transport,
or otherwise move, or deliver or receive any dog which he or
she knows has been captured, bred, or trained, or will be used,
to fight another dog or human or be intentionally killed for
purposes of sport, wagering, or entertainment.
(c-5) No person may solicit a minor to violate this
Section.
(d) No person may manufacture for sale, shipment,
transportation, or delivery any device or equipment which he
or she knows or should know is intended for use in any show,
exhibition, program, or other activity featuring or otherwise
involving a fight between 2 or more dogs, or any human and dog,
or the intentional killing of any dog for purposes of sport,
wagering, or entertainment.
(e) No person may own, possess, sell or offer for sale,
ship, transport, or otherwise move any equipment or device
which he or she knows or should know is intended for use in
connection with any show, exhibition, program, or activity
featuring or otherwise involving a fight between 2 or more
dogs, or any dog and human, or the intentional killing of any
dog for purposes of sport, wagering or entertainment.
(f) No person may knowingly make available any site,
structure, or facility, whether enclosed or not, that he or
she knows is intended to be used for the purpose of conducting
any show, exhibition, program, or other activity involving a

SB1797 - 638 - LRB103 03433 AMQ 48439 b
fight between 2 or more dogs, or any dog and human, or the
intentional killing of any dog or knowingly manufacture,
distribute, or deliver fittings to be used in a fight between 2
or more dogs or a dog and human.
(g) No person may knowingly attend or otherwise patronize
any show, exhibition, program, or other activity featuring or
otherwise involving a fight between 2 or more dogs, or any dog
and human, or the intentional killing of any dog for purposes
of sport, wagering, or entertainment.
(h) No person may tie or attach or fasten any live animal
to any machine or device propelled by any power for the purpose
of causing the animal to be pursued by a dog or dogs. This
subsection (h) applies only when the dog is intended to be used
in a dog fight.
(i) Sentence.
(1) Any person convicted of violating subsection (a),
(b), (c), or (h) of this Section is guilty of a Class 4
felony for a first violation and a Class 3 felony for a
second or subsequent violation, and may be fined an amount
not to exceed $50,000.
(1.5) A person who knowingly owns a dog for fighting
purposes or for producing a fight between 2 or more dogs or
a dog and human or who knowingly offers for sale or sells a
dog bred for fighting is guilty of a Class 3 felony and may
be fined an amount not to exceed $50,000, if the dog
participates in a dogfight and any of the following

SB1797 - 639 - LRB103 03433 AMQ 48439 b
factors is present:
(i) the dogfight is performed in the presence of a
person under 18 years of age;
(ii) the dogfight is performed for the purpose of
or in the presence of illegal wagering activity; or
(iii) the dogfight is performed in furtherance of
streetgang related activity as defined in Section 10
of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(1.7) A person convicted of violating subsection (c-5)
of this Section is guilty of a Class 4 felony.
(2) Any person convicted of violating subsection (d)
or (e) of this Section is guilty of a Class 4 felony for a
first violation. A second or subsequent violation of
subsection (d) or (e) of this Section is a Class 3 felony.
(2.5) Any person convicted of violating subsection (f)
of this Section is guilty of a Class 4 felony. Any person
convicted of violating subsection (f) of this Section in
which the site, structure, or facility made available to
violate subsection (f) is located within 1,000 feet of a
school, public park, playground, child care institution,
child day care center, part day child care facility, child
day care home, group child day care home, or a facility
providing programs or services exclusively directed toward
persons under 18 years of age is guilty of a Class 3 felony
for a first violation and a Class 2 felony for a second or

SB1797 - 640 - LRB103 03433 AMQ 48439 b
subsequent violation.
(3) Any person convicted of violating subsection (g)
of this Section is guilty of a Class 4 felony for a first
violation. A second or subsequent violation of subsection
(g) of this Section is a Class 3 felony. If a person under
13 years of age is present at any show, exhibition,
program, or other activity prohibited in subsection (g),
the parent, legal guardian, or other person who is 18
years of age or older who brings that person under 13 years
of age to that show, exhibition, program, or other
activity is guilty of a Class 3 felony for a first
violation and a Class 2 felony for a second or subsequent
violation.
(i-5) A person who commits a felony violation of this
Section is subject to the property forfeiture provisions set
forth in Article 124B of the Code of Criminal Procedure of
1963.
(j) Any dog or equipment involved in a violation of this
Section shall be immediately seized and impounded under
Section 12 of the Humane Care for Animals Act when located at
any show, exhibition, program, or other activity featuring or
otherwise involving a dog fight for the purposes of sport,
wagering, or entertainment.
(k) Any vehicle or conveyance other than a common carrier
that is used in violation of this Section shall be seized,
held, and offered for sale at public auction by the sheriff's

SB1797 - 641 - LRB103 03433 AMQ 48439 b
department of the proper jurisdiction, and the proceeds from
the sale shall be remitted to the general fund of the county
where the violation took place.
(l) Any veterinarian in this State who is presented with a
dog for treatment of injuries or wounds resulting from
fighting where there is a reasonable possibility that the dog
was engaged in or utilized for a fighting event for the
purposes of sport, wagering, or entertainment shall file a
report with the Department of Agriculture and cooperate by
furnishing the owners' names, dates, and descriptions of the
dog or dogs involved. Any veterinarian who in good faith
complies with the requirements of this subsection has immunity
from any liability, civil, criminal, or otherwise, that may
result from his or her actions. For the purposes of any
proceedings, civil or criminal, the good faith of the
veterinarian shall be rebuttably presumed.
(m) In addition to any other penalty provided by law, upon
conviction for violating this Section, the court may order
that the convicted person and persons dwelling in the same
household as the convicted person who conspired, aided, or
abetted in the unlawful act that was the basis of the
conviction, or who knew or should have known of the unlawful
act, may not own, harbor, or have custody or control of any dog
or other animal for a period of time that the court deems
reasonable.
(n) A violation of subsection (a) of this Section may be

SB1797 - 642 - LRB103 03433 AMQ 48439 b
inferred from evidence that the accused possessed any device
or equipment described in subsection (d), (e), or (h) of this
Section, and also possessed any dog.
(o) When no longer required for investigations or court
proceedings relating to the events described or depicted
therein, evidence relating to convictions for violations of
this Section shall be retained and made available for use in
training peace officers in detecting and identifying
violations of this Section. Such evidence shall be made
available upon request to other law enforcement agencies and
to schools certified under the Illinois Police Training Act.
(p) For the purposes of this Section, "school" has the
meaning ascribed to it in Section 11-9.3 of this Code; and
"public park", "playground", "child care institution", "child
day care center", "part day child care facility", "child day
care home", "group child day care home", and "facility
providing programs or services exclusively directed toward
persons under 18 years of age" have the meanings ascribed to
them in Section 11-9.4 of this Code.
(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11; 97-1108, eff.
1-1-13.)
Section 285. The Code of Criminal Procedure of 1963 is
amended by changing Sections 112A-14.5, 112A-14.7, and 112A-22
as follows:

SB1797 - 643 - LRB103 03433 AMQ 48439 b
(725 ILCS 5/112A-14.5)
Sec. 112A-14.5. Civil no contact order; remedies.
(a) The court may order any of the remedies listed in this
Section. The remedies listed in this Section shall be in
addition to other civil or criminal remedies available to
petitioner:
(1) prohibit the respondent from knowingly coming
within, or knowingly remaining within, a specified
distance from the petitioner;
(2) restrain the respondent from having any contact,
including nonphysical contact, with the petitioner
directly, indirectly, or through third parties, regardless
of whether those third parties know of the order;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within, a specified
distance from the petitioner's residence, school, child
day care or other specified location;
(4) order the respondent to stay away from any
property or animal owned, possessed, leased, kept, or held
by the petitioner and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the property or animal; and
(5) order any other injunctive relief as necessary or
appropriate for the protection of the petitioner.
(b) When the petitioner and the respondent attend the same

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public or private elementary, middle, or high school, the
court when issuing a civil no contact order and providing
relief shall consider the severity of the act, any continuing
physical danger or emotional distress to the petitioner, the
educational rights guaranteed to the petitioner and respondent
under federal and State law, the availability of a transfer of
the respondent to another school, a change of placement or a
change of program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a transfer
of the respondent to another school, and any other relevant
facts of the case. The court may order that the respondent not
attend the public, private, or non-public elementary, middle,
or high school attended by the petitioner, order that the
respondent accept a change of placement or program, as
determined by the school district or private or non-public
school, or place restrictions on the respondent's movements
within the school attended by the petitioner. The respondent
bears the burden of proving by a preponderance of the evidence
that a transfer, change of placement, or change of program of
the respondent is not available. The respondent also bears the
burden of production with respect to the expense, difficulty,
and educational disruption that would be caused by a transfer
of the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public

SB1797 - 645 - LRB103 03433 AMQ 48439 b
school's transfer, change of placement, or change of program
or solely on the ground that the respondent fails or refuses to
consent to or otherwise does not take an action required to
effectuate a transfer, change of placement, or change of
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another
attendance center within the respondent's school district or
private or non-public school, the school district or private
or non-public school shall have sole discretion to determine
the attendance center to which the respondent is transferred.
If the court order results in a transfer of the minor
respondent to another attendance center, a change in the
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.
(c) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. If the court orders a
transfer of the respondent to another school, the parents or
legal guardians of the respondent are responsible for
transportation and other costs associated with the change of
school by the respondent.
(d) Denial of a remedy may not be based, in whole or in

SB1797 - 646 - LRB103 03433 AMQ 48439 b
part, on evidence that:
(1) the respondent has cause for any use of force,
unless that cause satisfies the standards for justifiable
use of force provided by Article 7 of the Criminal Code of
2012;
(2) the respondent was voluntarily intoxicated;
(3) the petitioner acted in self-defense or defense of
another, provided that, if the petitioner utilized force,
such force was justifiable under Article 7 of the Criminal
Code of 2012;
(4) the petitioner did not act in self-defense or
defense of another;
(5) the petitioner left the residence or household to
avoid further non-consensual sexual conduct or
non-consensual sexual penetration by the respondent; or
(6) the petitioner did not leave the residence or
household to avoid further non-consensual sexual conduct
or non-consensual sexual penetration by the respondent.
(e) Monetary damages are not recoverable as a remedy.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-14.7)
Sec. 112A-14.7. Stalking no contact order; remedies.
(a) The court may order any of the remedies listed in this
Section. The remedies listed in this Section shall be in
addition to other civil or criminal remedies available to

SB1797 - 647 - LRB103 03433 AMQ 48439 b
petitioner. A stalking no contact order shall order one or
more of the following:
(1) prohibit the respondent from threatening to commit
or committing stalking;
(2) order the respondent not to have any contact with
the petitioner or a third person specifically named by the
court;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within a specified distance
of the petitioner or the petitioner's residence, school,
child care daycare, or place of employment, or any
specified place frequented by the petitioner; however, the
court may order the respondent to stay away from the
respondent's own residence, school, or place of employment
only if the respondent has been provided actual notice of
the opportunity to appear and be heard on the petition;
(4) prohibit the respondent from possessing a Firearm
Owners Identification Card, or possessing or buying
firearms; and
(5) order other injunctive relief the court determines
to be necessary to protect the petitioner or third party
specifically named by the court.
(b) When the petitioner and the respondent attend the same
public, private, or non-public elementary, middle, or high
school, the court when issuing a stalking no contact order and
providing relief shall consider the severity of the act, any

SB1797 - 648 - LRB103 03433 AMQ 48439 b
continuing physical danger or emotional distress to the
petitioner, the educational rights guaranteed to the
petitioner and respondent under federal and State law, the
availability of a transfer of the respondent to another
school, a change of placement or a change of program of the
respondent, the expense, difficulty, and educational
disruption that would be caused by a transfer of the
respondent to another school, and any other relevant facts of
the case. The court may order that the respondent not attend
the public, private, or non-public elementary, middle, or high
school attended by the petitioner, order that the respondent
accept a change of placement or program, as determined by the
school district or private or non-public school, or place
restrictions on the respondent's movements within the school
attended by the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a transfer,
change of placement, or change of program of the respondent is
not available. The respondent also bears the burden of
production with respect to the expense, difficulty, and
educational disruption that would be caused by a transfer of
the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public
school's transfer, change of placement, or change of program
or solely on the ground that the respondent fails or refuses to

SB1797 - 649 - LRB103 03433 AMQ 48439 b
consent to or otherwise does not take an action required to
effectuate a transfer, change of placement, or change of
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another
attendance center within the respondent's school district or
private or non-public school, the school district or private
or non-public school shall have sole discretion to determine
the attendance center to which the respondent is transferred.
If the court order results in a transfer of the minor
respondent to another attendance center, a change in the
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.
(c) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. If the court orders a
transfer of the respondent to another school, the parents,
guardian, or legal custodian of the respondent are responsible
for transportation and other costs associated with the change
of school by the respondent.
(d) The court shall not hold a school district or private
or non-public school or any of its employees in civil or
criminal contempt unless the school district or private or

SB1797 - 650 - LRB103 03433 AMQ 48439 b
non-public school has been allowed to intervene.
(e) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Article for conduct of the minor respondent in violation
of this Article if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in the
conduct.
(f) Monetary damages are not recoverable as a remedy.
(g) If the stalking no contact order prohibits the
respondent from possessing a Firearm Owner's Identification
Card, or possessing or buying firearms; the court shall
confiscate the respondent's Firearm Owner's Identification
Card and immediately return the card to the Illinois State
Police Firearm Owner's Identification Card Office.
(Source: P.A. 102-538, eff. 8-20-21.)
(725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
Sec. 112A-22. Notice of orders.
(a) Entry and issuance. Upon issuance of any protective
order, the clerk shall immediately, or on the next court day if
an ex parte order is issued under subsection (e) of Section
112A-17.5 of this Code, (i) enter the order on the record and
file it in accordance with the circuit court procedures and
(ii) provide a file stamped copy of the order to respondent and
to petitioner, if present, and to the State's Attorney. If the

SB1797 - 651 - LRB103 03433 AMQ 48439 b
victim is not present the State's Attorney shall (i) as soon as
practicable notify the petitioner the order has been entered
and (ii) provide a file stamped copy of the order to the
petitioner within 3 days.
(b) Filing with sheriff. The clerk of the issuing judge
shall, on the same day that a protective order is issued, file
a copy of that order with the sheriff or other law enforcement
officials charged with maintaining Illinois State Police
records or charged with serving the order upon respondent. If
the order was issued under subsection (e) of Section 112A-17.5
of this Code, the clerk on the next court day shall file a
certified copy of the order with the sheriff or other law
enforcement officials charged with maintaining Illinois State
Police records.
(c) (Blank).
(c-2) Service by sheriff. Unless respondent was present in
court when the order was issued, the sheriff, other law
enforcement official, or special process server shall promptly
serve that order upon respondent and file proof of the
service, in the manner provided for service of process in
civil proceedings. Instead of serving the order upon the
respondent; however, the sheriff, other law enforcement
official, special process server, or other persons defined in
Section 112A-22.1 of this Code may serve the respondent with a
short form notification as provided in Section 112A-22.1 of
this Code. If process has not yet been served upon the

SB1797 - 652 - LRB103 03433 AMQ 48439 b
respondent, process shall be served with the order or short
form notification if the service is made by the sheriff, other
law enforcement official, or special process server.
(c-3) If the person against whom the protective order is
issued is arrested and the written order is issued under
subsection (e) of Section 112A-17.5 of this Code and received
by the custodial law enforcement agency before the respondent
or arrestee is released from custody, the custodial law
enforcement agency shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for a hearing on the
petition for protective order or receipt of the order issued
under Section 112A-17 of this Code.
(c-4) Extensions, modifications, and revocations. Any
order extending, modifying, or revoking any protective order
shall be promptly recorded, issued, and served as provided in
this Section.
(c-5) (Blank).
(d) (Blank).
(e) Notice to health care facilities and health care
practitioners. Upon the request of the petitioner, the clerk
of the circuit court shall send a certified copy of the
protective order to any specified health care facility or
health care practitioner requested by the petitioner at the
mailing address provided by the petitioner.

SB1797 - 653 - LRB103 03433 AMQ 48439 b
(f) Disclosure by health care facilities and health care
practitioners. After receiving a certified copy of a
protective order that prohibits a respondent's access to
records, no health care facility or health care practitioner
shall allow a respondent access to the records of any child who
is a protected person under the protective order, or release
information in those records to the respondent, unless the
order has expired or the respondent shows a certified copy of
the court order vacating the corresponding protective order
that was sent to the health care facility or practitioner.
Nothing in this Section shall be construed to require health
care facilities or health care practitioners to alter
procedures related to billing and payment. The health care
facility or health care practitioner may file the copy of the
protective order in the records of a child who is a protected
person under the protective order, or may employ any other
method to identify the records to which a respondent is
prohibited access. No health care facility or health care
practitioner shall be civilly or professionally liable for
reliance on a copy of a protective order, except for willful
and wanton misconduct.
(g) Notice to schools. Upon the request of the petitioner,
within 24 hours of the issuance of a protective order, the
clerk of the issuing judge shall send a certified copy of the
protective order to the child care day-care facility,
pre-school or pre-kindergarten, or private school or the

SB1797 - 654 - LRB103 03433 AMQ 48439 b
principal office of the public school district or any college
or university in which any child who is a protected person
under the protective order or any child of the petitioner is
enrolled as requested by the petitioner at the mailing address
provided by the petitioner. If the child transfers enrollment
to another child care day-care facility, pre-school,
pre-kindergarten, private school, public school, college, or
university, the petitioner may, within 24 hours of the
transfer, send to the clerk written notice of the transfer,
including the name and address of the institution to which the
child is transferring. Within 24 hours of receipt of notice
from the petitioner that a child is transferring to another
child care day-care facility, pre-school, pre-kindergarten,
private school, public school, college, or university, the
clerk shall send a certified copy of the order to the
institution to which the child is transferring.
(h) Disclosure by schools. After receiving a certified
copy of a protective order that prohibits a respondent's
access to records, neither a child care day-care facility,
pre-school, pre-kindergarten, public or private school,
college, or university nor its employees shall allow a
respondent access to a protected child's records or release
information in those records to the respondent. The school
shall file the copy of the protective order in the records of a
child who is a protected person under the order. When a child
who is a protected person under the protective order transfers

SB1797 - 655 - LRB103 03433 AMQ 48439 b
to another child care day-care facility, pre-school,
pre-kindergarten, public or private school, college, or
university, the institution from which the child is
transferring may, at the request of the petitioner, provide,
within 24 hours of the transfer, written notice of the
protective order, along with a certified copy of the order, to
the institution to which the child is transferring.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 290. The Sexually Violent Persons Commitment Act
is amended by changing Section 40 as follows:
(725 ILCS 207/40)
Sec. 40. Commitment.
(a) If a court or jury determines that the person who is
the subject of a petition under Section 15 of this Act is a
sexually violent person, the court shall order the person to
be committed to the custody of the Department for control,
care and treatment until such time as the person is no longer a
sexually violent person.
(b)(1) The court shall enter an initial commitment order
under this Section pursuant to a hearing held as soon as
practicable after the judgment is entered that the person who
is the subject of a petition under Section 15 is a sexually
violent person. If the court lacks sufficient information to
make the determination required by paragraph (b)(2) of this

SB1797 - 656 - LRB103 03433 AMQ 48439 b
Section immediately after trial, it may adjourn the hearing
and order the Department to conduct a predisposition
investigation or a supplementary mental examination, or both,
to assist the court in framing the commitment order. If the
Department's examining evaluator previously rendered an
opinion that the person who is the subject of a petition under
Section 15 does not meet the criteria to be found a sexually
violent person, then another evaluator shall conduct the
predisposition investigation and/or supplementary mental
examination. A supplementary mental examination under this
Section shall be conducted in accordance with Section 3-804 of
the Mental Health and Developmental Disabilities Code. The
State has the right to have the person evaluated by experts
chosen by the State.
(2) An order for commitment under this Section shall
specify either institutional care in a secure facility, as
provided under Section 50 of this Act, or conditional release.
In determining whether commitment shall be for institutional
care in a secure facility or for conditional release, the
court shall consider the nature and circumstances of the
behavior that was the basis of the allegation in the petition
under paragraph (b)(1) of Section 15, the person's mental
history and present mental condition, and what arrangements
are available to ensure that the person has access to and will
participate in necessary treatment. All treatment, whether in
institutional care, in a secure facility, or while on

SB1797 - 657 - LRB103 03433 AMQ 48439 b
conditional release, shall be conducted in conformance with
the standards developed under the Sex Offender Management
Board Act and conducted by a treatment provider licensed under
the Sex Offender Evaluation and Treatment Provider Act. The
Department shall arrange for control, care and treatment of
the person in the least restrictive manner consistent with the
requirements of the person and in accordance with the court's
commitment order.
(3) If the court finds that the person is appropriate for
conditional release, the court shall notify the Department.
The Department shall prepare a plan that identifies the
treatment and services, if any, that the person will receive
in the community. The plan shall address the person's need, if
any, for supervision, counseling, medication, community
support services, residential services, vocational services,
and alcohol or other drug abuse treatment. The Department may
contract with a county health department, with another public
agency or with a private agency to provide the treatment and
services identified in the plan. The plan shall specify who
will be responsible for providing the treatment and services
identified in the plan. The plan shall be presented to the
court for its approval within 60 days after the court finding
that the person is appropriate for conditional release, unless
the Department and the person to be released request
additional time to develop the plan. The conditional release
program operated under this Section is not subject to the

SB1797 - 658 - LRB103 03433 AMQ 48439 b
provisions of the Mental Health and Developmental Disabilities
Confidentiality Act.
(4) An order for conditional release places the person in
the custody and control of the Department. A person on
conditional release is subject to the conditions set by the
court and to the rules of the Department. Before a person is
placed on conditional release by the court under this Section,
the court shall so notify the municipal police department and
county sheriff for the municipality and county in which the
person will be residing. The notification requirement under
this Section does not apply if a municipal police department
or county sheriff submits to the court a written statement
waiving the right to be notified. Notwithstanding any other
provision in the Act, the person being supervised on
conditional release shall not reside at the same street
address as another sex offender being supervised on
conditional release under this Act, mandatory supervised
release, parole, aftercare release, probation, or any other
manner of supervision. If the Department alleges that a
released person has violated any condition or rule, or that
the safety of others requires that conditional release be
revoked, he or she may be taken into custody under the rules of
the Department.
At any time during which the person is on conditional
release, if the Department determines that the person has
violated any condition or rule, or that the safety of others

SB1797 - 659 - LRB103 03433 AMQ 48439 b
requires that conditional release be revoked, the Department
may request the Attorney General or State's Attorney to
request the court to issue an emergency ex parte order
directing any law enforcement officer to take the person into
custody and transport the person to the county jail. The
Department may request, or the Attorney General or State's
Attorney may request independently of the Department, that a
petition to revoke conditional release be filed. When a
petition is filed, the court may order the Department to issue
a notice to the person to be present at the Department or other
agency designated by the court, order a summons to the person
to be present, or order a body attachment for all law
enforcement officers to take the person into custody and
transport him or her to the county jail, hospital, or
treatment facility. The Department shall submit a statement
showing probable cause of the detention and a petition to
revoke the order for conditional release to the committing
court within 48 hours after the detention. The court shall
hear the petition within 30 days, unless the hearing or time
deadline is waived by the detained person. Pending the
revocation hearing, the Department may detain the person in a
jail, in a hospital or treatment facility. The State has the
burden of proving by clear and convincing evidence that any
rule or condition of release has been violated, or that the
safety of others requires that the conditional release be
revoked. If the court determines after hearing that any rule

SB1797 - 660 - LRB103 03433 AMQ 48439 b
or condition of release has been violated, or that the safety
of others requires that conditional release be revoked, it may
revoke the order for conditional release and order that the
released person be placed in an appropriate institution until
the person is discharged from the commitment under Section 65
of this Act or until again placed on conditional release under
Section 60 of this Act.
(5) An order for conditional release places the person in
the custody, care, and control of the Department. The court
shall order the person be subject to the following rules of
conditional release, in addition to any other conditions
ordered, and the person shall be given a certificate setting
forth the conditions of conditional release. These conditions
shall be that the person:
(A) not violate any criminal statute of any
jurisdiction;
(B) report to or appear in person before such person
or agency as directed by the court and the Department;
(C) refrain from possession of a firearm or other
dangerous weapon;
(D) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature, that prior consent
by the court is not possible without the prior
notification and approval of the Department;
(E) at the direction of the Department, notify third

SB1797 - 661 - LRB103 03433 AMQ 48439 b
parties of the risks that may be occasioned by his or her
criminal record or sexual offending history or
characteristics, and permit the supervising officer or
agent to make the notification requirement;
(F) attend and fully participate in assessment,
treatment, and behavior monitoring including, but not
limited to, medical, psychological or psychiatric
treatment specific to sexual offending, drug addiction, or
alcoholism, to the extent appropriate to the person based
upon the recommendation and findings made in the
Department evaluation or based upon any subsequent
recommendations by the Department;
(G) waive confidentiality allowing the court and
Department access to assessment or treatment results or
both;
(H) work regularly at a Department approved occupation
or pursue a course of study or vocational training and
notify the Department within 72 hours of any change in
employment, study, or training;
(I) not be employed or participate in any volunteer
activity that involves contact with children, except under
circumstances approved in advance and in writing by the
Department officer;
(J) submit to the search of his or her person,
residence, vehicle, or any personal or real property under
his or her control at any time by the Department;

SB1797 - 662 - LRB103 03433 AMQ 48439 b
(K) financially support his or her dependents and
provide the Department access to any requested financial
information;
(L) serve a term of home confinement, the conditions
of which shall be that the person:
(i) remain within the interior premises of the
place designated for his or her confinement during the
hours designated by the Department;
(ii) admit any person or agent designated by the
Department into the offender's place of confinement at
any time for purposes of verifying the person's
compliance with the condition of his or her
confinement;
(iii) if deemed necessary by the Department, be
placed on an electronic monitoring device;
(M) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986. A copy of the order of
protection shall be transmitted to the Department by the
clerk of the court;
(N) refrain from entering into a designated geographic
area except upon terms the Department finds appropriate.
The terms may include consideration of the purpose of the
entry, the time of day, others accompanying the person,
and advance approval by the Department;
(O) refrain from having any contact, including written

SB1797 - 663 - LRB103 03433 AMQ 48439 b
or oral communications, directly or indirectly, with
certain specified persons including, but not limited to,
the victim or the victim's family, and report any
incidental contact with the victim or the victim's family
to the Department within 72 hours; refrain from entering
onto the premises of, traveling past, or loitering near
the victim's residence, place of employment, or other
places frequented by the victim;
(P) refrain from having any contact, including written
or oral communications, directly or indirectly, with
particular types of persons, including but not limited to
members of street gangs, drug users, drug dealers, or
prostitutes;
(Q) refrain from all contact, direct or indirect,
personally, by telephone, letter, or through another
person, with minor children without prior identification
and approval of the Department;
(R) refrain from having in his or her body the
presence of alcohol or any illicit drug prohibited by the
Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community
Protection Act, unless prescribed by a physician, and
submit samples of his or her breath, saliva, blood, or
urine for tests to determine the presence of alcohol or
any illicit drug;
(S) not establish a dating, intimate, or sexual

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relationship with a person without prior written
notification to the Department;
(T) neither possess or have under his or her control
any material that is pornographic, sexually oriented, or
sexually stimulating, or that depicts or alludes to sexual
activity or depicts minors under the age of 18, including
but not limited to visual, auditory, telephonic,
electronic media, or any matter obtained through access to
any computer or material linked to computer access use;
(U) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize
"900" or adult telephone numbers or any other sex-related
telephone numbers;
(V) not reside near, visit, or be in or about parks,
schools, child day care centers, swimming pools, beaches,
theaters, or any other places where minor children
congregate without advance approval of the Department and
report any incidental contact with minor children to the
Department within 72 hours;
(W) not establish any living arrangement or residence
without prior approval of the Department;
(X) not publish any materials or print any
advertisements without providing a copy of the proposed
publications to the Department officer and obtaining
permission prior to publication;
(Y) not leave the county except with prior permission

SB1797 - 665 - LRB103 03433 AMQ 48439 b
of the Department and provide the Department officer or
agent with written travel routes to and from work and any
other designated destinations;
(Z) not possess or have under his or her control
certain specified items of contraband related to the
incidence of sexually offending items including video or
still camera items or children's toys;
(AA) provide a written daily log of activities as
directed by the Department;
(BB) comply with all other special conditions that the
Department may impose that restrict the person from
high-risk situations and limit access or potential
victims.
(6) A person placed on conditional release and who during
the term undergoes mandatory drug or alcohol testing or is
assigned to be placed on an approved electronic monitoring
device may be ordered to pay all costs incidental to the
mandatory drug or alcohol testing and all costs incidental to
the approved electronic monitoring in accordance with the
person's ability to pay those costs. The Department may
establish reasonable fees for the cost of maintenance,
testing, and incidental expenses related to the mandatory drug
or alcohol testing and all costs incidental to approved
electronic monitoring.
(Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A.
98-612 for the effective date of P.A. 97-1098); 98-558, eff.

SB1797 - 666 - LRB103 03433 AMQ 48439 b
1-1-14.)
Section 295. The Unified Code of Corrections is amended by
changing Sections 3-2.5-95, 3-3-7, and 5-5-3.2 as follows:
(730 ILCS 5/3-2.5-95)
Sec. 3-2.5-95. Conditions of aftercare release.
(a) The conditions of aftercare release for all youth
committed to the Department under the Juvenile Court Act of
1987 shall be such as the Department of Juvenile Justice deems
necessary to assist the youth in leading a law-abiding life.
The conditions of every aftercare release are that the youth:
(1) not violate any criminal statute of any
jurisdiction during the aftercare release term;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department;
(4) permit the agent or aftercare specialist to visit
the youth at his or her home, employment, or elsewhere to
the extent necessary for the agent or aftercare specialist
to discharge his or her duties;
(5) reside at a Department-approved host site;
(6) secure permission before visiting or writing a
committed person in an Illinois Department of Corrections
or Illinois Department of Juvenile Justice facility;
(7) report all arrests to an agent of the Department

SB1797 - 667 - LRB103 03433 AMQ 48439 b
as soon as permitted by the arresting authority but in no
event later than 24 hours after release from custody and
immediately report service or notification of an order of
protection, a civil no contact order, or a stalking no
contact order to an agent of the Department;
(8) obtain permission of an agent of the Department
before leaving the State of Illinois;
(9) obtain permission of an agent of the Department
before changing his or her residence or employment;
(10) consent to a search of his or her person,
property, or residence under his or her control;
(11) refrain from the use or possession of narcotics
or other controlled substances in any form, or both, or
any paraphernalia related to those substances and submit
to a urinalysis test as instructed by an agent of the
Department;
(12) not frequent places where controlled substances
are illegally sold, used, distributed, or administered;
(13) not knowingly associate with other persons on
parole, aftercare release, or mandatory supervised release
without prior written permission of his or her aftercare
specialist and not associate with persons who are members
of an organized gang as that term is defined in the
Illinois Streetgang Terrorism Omnibus Prevention Act;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on

SB1797 - 668 - LRB103 03433 AMQ 48439 b
aftercare release or to his or her conduct while
incarcerated, in response to inquiries by an agent of the
Department;
(15) follow any specific instructions provided by the
agent that are consistent with furthering conditions set
and approved by the Department or by law to achieve the
goals and objectives of his or her aftercare release or to
protect the public; these instructions by the agent may be
modified at any time, as the agent deems appropriate;
(16) comply with the terms and conditions of an order
of protection issued under the Illinois Domestic Violence
Act of 1986; an order of protection issued by the court of
another state, tribe, or United States territory; a no
contact order issued under the Civil No Contact Order Act;
or a no contact order issued under the Stalking No Contact
Order Act;
(17) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, and a sex offender
treatment provider has evaluated and recommended further
sex offender treatment while on aftercare release, the
youth shall undergo treatment by a sex offender treatment
provider or associate sex offender provider as defined in
the Sex Offender Management Board Act at his or her
expense based on his or her ability to pay for the
treatment;
(18) if convicted of a sex offense as defined in the

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Sex Offender Management Board Act, refrain from residing
at the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders, or is in any facility operated or licensed by
the Department of Children and Family Services or by the
Department of Human Services, or is in any licensed
medical facility;
(19) if convicted for an offense that would qualify
the offender as a sexual predator under the Sex Offender
Registration Act wear an approved electronic monitoring
device as defined in Section 5-8A-2 for the duration of
the youth's aftercare release term and if convicted for an
offense of criminal sexual assault, aggravated criminal
sexual assault, predatory criminal sexual assault of a
child, criminal sexual abuse, aggravated criminal sexual
abuse, or ritualized abuse of a child when the victim was
under 18 years of age at the time of the commission of the
offense and the offender used force or the threat of force
in the commission of the offense wear an approved
electronic monitoring device as defined in Section 5-8A-2

SB1797 - 670 - LRB103 03433 AMQ 48439 b
that has Global Positioning System (GPS) capability for
the duration of the youth's aftercare release term;
(20) if convicted for an offense that would qualify
the offender as a child sex offender as defined in Section
11-9.3 or 11-9.4 of the Criminal Code of 1961 or the
Criminal Code of 2012, refrain from communicating with or
contacting, by means of the Internet, a person who is not
related to the offender and whom the offender reasonably
believes to be under 18 years of age; for purposes of this
paragraph (20), "Internet" has the meaning ascribed to it
in Section 16-0.1 of the Criminal Code of 2012; and a
person is not related to the offender if the person is not:
(A) the spouse, brother, or sister of the offender; (B) a
descendant of the offender; (C) a first or second cousin
of the offender; or (D) a step-child or adopted child of
the offender;
(21) if convicted under Section 11-6, 11-20.1,
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
or the Criminal Code of 2012, consent to search of
computers, PDAs, cellular phones, and other devices under
his or her control that are capable of accessing the
Internet or storing electronic files, in order to confirm
Internet protocol addresses reported in accordance with
the Sex Offender Registration Act and compliance with
conditions in this Act;
(22) if convicted for an offense that would qualify

SB1797 - 671 - LRB103 03433 AMQ 48439 b
the offender as a sex offender or sexual predator under
the Sex Offender Registration Act, not possess
prescription drugs for erectile dysfunction;
(23) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses:
(A) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(B) submit to periodic unannounced examinations of
the youth's computer or any other device with Internet
capability by the youth's aftercare specialist, a law
enforcement officer, or assigned computer or
information technology specialist, including the
retrieval and copying of all data from the computer or
device and any internal or external peripherals and
removal of the information, equipment, or device to
conduct a more thorough inspection;
(C) submit to the installation on the youth's
computer or device with Internet capability, at the
youth's expense, of one or more hardware or software
systems to monitor the Internet use; and
(D) submit to any other appropriate restrictions
concerning the youth's use of or access to a computer

SB1797 - 672 - LRB103 03433 AMQ 48439 b
or any other device with Internet capability imposed
by the Department or the youth's aftercare specialist;
(24) if convicted of a sex offense as defined in the
Sex Offender Registration Act, refrain from accessing or
using a social networking website as defined in Section
17-0.5 of the Criminal Code of 2012;
(25) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act that
requires the youth to register as a sex offender under
that Act, not knowingly use any computer scrub software on
any computer that the youth uses;
(26) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
youth is a parent or guardian of a person under 18 years of
age present in the home and no non-familial minors are
present, not participate in a holiday event involving
children under 18 years of age, such as distributing candy
or other items to children on Halloween, wearing a Santa
Claus costume on or preceding Christmas, being employed as
a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter;
(27) if convicted of a violation of an order of
protection under Section 12-3.4 or Section 12-30 of the
Criminal Code of 1961 or the Criminal Code of 2012, be
placed under electronic surveillance as provided in
Section 5-8A-7 of this Code; and

SB1797 - 673 - LRB103 03433 AMQ 48439 b
(28) if convicted of a violation of the
Methamphetamine Control and Community Protection Act, the
Methamphetamine Precursor Control Act, or a
methamphetamine related offense, be:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate.
(b) The Department may in addition to other conditions
require that the youth:
(1) work or pursue a course of study or vocational
training;
(2) undergo medical or psychiatric treatment, or
treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for the
instruction or residence of persons on probation or
aftercare release;
(4) support his or her dependents;
(5) if convicted for an offense that would qualify the
youth as a child sex offender as defined in Section 11-9.3
or 11-9.4 of the Criminal Code of 1961 or the Criminal Code
of 2012, refrain from communicating with or contacting, by
means of the Internet, a person who is related to the youth
and whom the youth reasonably believes to be under 18

SB1797 - 674 - LRB103 03433 AMQ 48439 b
years of age; for purposes of this paragraph (5),
"Internet" has the meaning ascribed to it in Section
16-0.1 of the Criminal Code of 2012; and a person is
related to the youth if the person is: (A) the spouse,
brother, or sister of the youth; (B) a descendant of the
youth; (C) a first or second cousin of the youth; or (D) a
step-child or adopted child of the youth;
(6) if convicted for an offense that would qualify as
a sex offense as defined in the Sex Offender Registration
Act:
(A) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(B) submit to periodic unannounced examinations of
the youth's computer or any other device with Internet
capability by the youth's aftercare specialist, a law
enforcement officer, or assigned computer or
information technology specialist, including the
retrieval and copying of all data from the computer or
device and any internal or external peripherals and
removal of the information, equipment, or device to
conduct a more thorough inspection;
(C) submit to the installation on the youth's
computer or device with Internet capability, at the
youth's offender's expense, of one or more hardware or
software systems to monitor the Internet use; and

SB1797 - 675 - LRB103 03433 AMQ 48439 b
(D) submit to any other appropriate restrictions
concerning the youth's use of or access to a computer
or any other device with Internet capability imposed
by the Department or the youth's aftercare specialist;
and
(7) in addition to other conditions:
(A) reside with his or her parents or in a foster
home;
(B) attend school;
(C) attend a non-residential program for youth; or
(D) contribute to his or her own support at home or
in a foster home.
(c) In addition to the conditions under subsections (a)
and (b) of this Section, youths required to register as sex
offenders under the Sex Offender Registration Act, upon
release from the custody of the Department of Juvenile
Justice, may be required by the Department to comply with the
following specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
Registration Act;
(3) notify third parties of the risks that may be
occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department
prior to accepting employment or pursuing a course of
study or vocational training and notify the Department

SB1797 - 676 - LRB103 03433 AMQ 48439 b
prior to any change in employment, study, or training;
(5) not be employed or participate in any volunteer
activity that involves contact with children, except under
circumstances approved in advance and in writing by an
agent of the Department;
(6) be electronically monitored for a specified period
of time from the date of release as determined by the
Department;
(7) refrain from entering into a designated geographic
area except upon terms approved in advance by an agent of
the Department; these terms may include consideration of
the purpose of the entry, the time of day, and others
accompanying the youth;
(8) refrain from having any contact, including written
or oral communications, directly or indirectly, personally
or by telephone, letter, or through a third party with
certain specified persons including, but not limited to,
the victim or the victim's family without the prior
written approval of an agent of the Department;
(9) refrain from all contact, directly or indirectly,
personally, by telephone, letter, or through a third
party, with minor children without prior identification
and approval of an agent of the Department;
(10) neither possess or have under his or her control
any material that is sexually oriented, sexually
stimulating, or that shows male or female sex organs or

SB1797 - 677 - LRB103 03433 AMQ 48439 b
any pictures depicting children under 18 years of age nude
or any written or audio material describing sexual
intercourse or that depicts or alludes to sexual activity,
including, but not limited to, visual, auditory,
telephonic, or electronic media, or any matter obtained
through access to any computer or material linked to
computer access use;
(11) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize
"900" or adult telephone numbers;
(12) not reside near, visit, or be in or about parks,
schools, child day care centers, swimming pools, beaches,
theaters, or any other places where minor children
congregate without advance approval of an agent of the
Department and immediately report any incidental contact
with minor children to the Department;
(13) not possess or have under his or her control
certain specified items of contraband related to the
incidence of sexually offending as determined by an agent
of the Department;
(14) may be required to provide a written daily log of
activities if directed by an agent of the Department;
(15) comply with all other special conditions that the
Department may impose that restrict the youth from
high-risk situations and limit access to potential
victims;

SB1797 - 678 - LRB103 03433 AMQ 48439 b
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of an agent of the
Department before driving alone in a motor vehicle.
(d) The conditions under which the aftercare release is to
be served shall be communicated to the youth in writing prior
to his or her release, and he or she shall sign the same before
release. A signed copy of these conditions, including a copy
of an order of protection if one had been issued by the
criminal court, shall be retained by the youth and another
copy forwarded to the officer or aftercare specialist in
charge of his or her supervision.
(e) After a revocation hearing under Section 3-3-9.5, the
Department of Juvenile Justice may modify or enlarge the
conditions of aftercare release.
(f) The Department shall inform all youth of the optional
services available to them upon release and shall assist youth
in availing themselves of the optional services upon their
release on a voluntary basis.
(Source: P.A. 99-628, eff. 1-1-17.)
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
Sec. 3-3-7. Conditions of parole or mandatory supervised
release.
(a) The conditions of parole or mandatory supervised
release shall be such as the Prisoner Review Board deems

SB1797 - 679 - LRB103 03433 AMQ 48439 b
necessary to assist the subject in leading a law-abiding life.
The conditions of every parole and mandatory supervised
release are that the subject:
(1) not violate any criminal statute of any
jurisdiction during the parole or release term;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department of
Corrections;
(4) permit the agent to visit him or her at his or her
home, employment, or elsewhere to the extent necessary for
the agent to discharge his or her duties;
(5) attend or reside in a facility established for the
instruction or residence of persons on parole or mandatory
supervised release;
(6) secure permission before visiting or writing a
committed person in an Illinois Department of Corrections
facility;
(7) report all arrests to an agent of the Department
of Corrections as soon as permitted by the arresting
authority but in no event later than 24 hours after
release from custody and immediately report service or
notification of an order of protection, a civil no contact
order, or a stalking no contact order to an agent of the
Department of Corrections;
(7.5) if convicted of a sex offense as defined in the

SB1797 - 680 - LRB103 03433 AMQ 48439 b
Sex Offender Management Board Act, the individual shall
undergo and successfully complete sex offender treatment
conducted in conformance with the standards developed by
the Sex Offender Management Board Act by a treatment
provider approved by the Board;
(7.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing
at the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders, or is in any facility operated or licensed by
the Department of Children and Family Services or by the
Department of Human Services, or is in any licensed
medical facility;
(7.7) if convicted for an offense that would qualify
the accused as a sexual predator under the Sex Offender
Registration Act on or after January 1, 2007 (the
effective date of Public Act 94-988), wear an approved
electronic monitoring device as defined in Section 5-8A-2
for the duration of the person's parole, mandatory
supervised release term, or extended mandatory supervised

SB1797 - 681 - LRB103 03433 AMQ 48439 b
release term and if convicted for an offense of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, aggravated criminal sexual abuse, or
ritualized abuse of a child committed on or after August
11, 2009 (the effective date of Public Act 96-236) when
the victim was under 18 years of age at the time of the
commission of the offense and the defendant used force or
the threat of force in the commission of the offense wear
an approved electronic monitoring device as defined in
Section 5-8A-2 that has Global Positioning System (GPS)
capability for the duration of the person's parole,
mandatory supervised release term, or extended mandatory
supervised release term;
(7.8) if convicted for an offense committed on or
after June 1, 2008 (the effective date of Public Act
95-464) that would qualify the accused as a child sex
offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012,
refrain from communicating with or contacting, by means of
the Internet, a person who is not related to the accused
and whom the accused reasonably believes to be under 18
years of age; for purposes of this paragraph (7.8),
"Internet" has the meaning ascribed to it in Section
16-0.1 of the Criminal Code of 2012; and a person is not
related to the accused if the person is not: (i) the

SB1797 - 682 - LRB103 03433 AMQ 48439 b
spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;
(7.9) if convicted under Section 11-6, 11-20.1,
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
or the Criminal Code of 2012, consent to search of
computers, PDAs, cellular phones, and other devices under
his or her control that are capable of accessing the
Internet or storing electronic files, in order to confirm
Internet protocol addresses reported in accordance with
the Sex Offender Registration Act and compliance with
conditions in this Act;
(7.10) if convicted for an offense that would qualify
the accused as a sex offender or sexual predator under the
Sex Offender Registration Act on or after June 1, 2008
(the effective date of Public Act 95-640), not possess
prescription drugs for erectile dysfunction;
(7.11) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983):
(i) not access or use a computer or any other

SB1797 - 683 - LRB103 03433 AMQ 48439 b
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent, a law enforcement officer, or assigned computer
or information technology specialist, including the
retrieval and copying of all data from the computer or
device and any internal or external peripherals and
removal of such information, equipment, or device to
conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or
software systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent;
(7.12) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after
January 1, 2010 (the effective date of Public Act 96-262),
refrain from accessing or using a social networking
website as defined in Section 17-0.5 of the Criminal Code
of 2012;

SB1797 - 684 - LRB103 03433 AMQ 48439 b
(7.13) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed
on or after January 1, 2010 (the effective date of Public
Act 96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any
computer scrub software on any computer that the sex
offender uses;
(8) obtain permission of an agent of the Department of
Corrections before leaving the State of Illinois;
(9) obtain permission of an agent of the Department of
Corrections before changing his or her residence or
employment;
(10) consent to a search of his or her person,
property, or residence under his or her control;
(11) refrain from the use or possession of narcotics
or other controlled substances in any form, or both, or
any paraphernalia related to those substances and submit
to a urinalysis test as instructed by a parole agent of the
Department of Corrections;
(12) not knowingly frequent places where controlled
substances are illegally sold, used, distributed, or
administered;
(13) except when the association described in either
subparagraph (A) or (B) of this paragraph (13) involves
activities related to community programs, worship
services, volunteering, engaging families, or some other

SB1797 - 685 - LRB103 03433 AMQ 48439 b
pro-social activity in which there is no evidence of
criminal intent:
(A) not knowingly associate with other persons on
parole or mandatory supervised release without prior
written permission of his or her parole agent; or
(B) not knowingly associate with persons who are
members of an organized gang as that term is defined in
the Illinois Streetgang Terrorism Omnibus Prevention
Act;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on
parole or mandatory supervised release or to his or her
conduct while incarcerated, in response to inquiries by
his or her parole agent or of the Department of
Corrections;
(15) follow any specific instructions provided by the
parole agent that are consistent with furthering
conditions set and approved by the Prisoner Review Board
or by law, exclusive of placement on electronic detention,
to achieve the goals and objectives of his or her parole or
mandatory supervised release or to protect the public.
These instructions by the parole agent may be modified at
any time, as the agent deems appropriate;
(16) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18

SB1797 - 686 - LRB103 03433 AMQ 48439 b
years of age present in the home and no non-familial
minors are present, not participate in a holiday event
involving children under 18 years of age, such as
distributing candy or other items to children on
Halloween, wearing a Santa Claus costume on or preceding
Christmas, being employed as a department store Santa
Claus, or wearing an Easter Bunny costume on or preceding
Easter;
(17) if convicted of a violation of an order of
protection under Section 12-3.4 or Section 12-30 of the
Criminal Code of 1961 or the Criminal Code of 2012, be
placed under electronic surveillance as provided in
Section 5-8A-7 of this Code;
(18) comply with the terms and conditions of an order
of protection issued pursuant to the Illinois Domestic
Violence Act of 1986; an order of protection issued by the
court of another state, tribe, or United States territory;
a no contact order issued pursuant to the Civil No Contact
Order Act; or a no contact order issued pursuant to the
Stalking No Contact Order Act;
(19) if convicted of a violation of the
Methamphetamine Control and Community Protection Act, the
Methamphetamine Precursor Control Act, or a
methamphetamine related offense, be:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing

SB1797 - 687 - LRB103 03433 AMQ 48439 b
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate;
(20) if convicted of a hate crime under Section 12-7.1
of the Criminal Code of 2012, perform public or community
service of no less than 200 hours and enroll in an
educational program discouraging hate crimes involving the
protected class identified in subsection (a) of Section
12-7.1 of the Criminal Code of 2012 that gave rise to the
offense the offender committed ordered by the court; and
(21) be evaluated by the Department of Corrections
prior to release using a validated risk assessment and be
subject to a corresponding level of supervision. In
accordance with the findings of that evaluation:
(A) All subjects found to be at a moderate or high
risk to recidivate, or on parole or mandatory
supervised release for first degree murder, a forcible
felony as defined in Section 2-8 of the Criminal Code
of 2012, any felony that requires registration as a
sex offender under the Sex Offender Registration Act,
or a Class X felony or Class 1 felony that is not a
violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act, shall be subject
to high level supervision. The Department shall define

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high level supervision based upon evidence-based and
research-based practices. Notwithstanding this
placement on high level supervision, placement of the
subject on electronic monitoring or detention shall
not occur unless it is required by law or expressly
ordered or approved by the Prisoner Review Board.
(B) All subjects found to be at a low risk to
recidivate shall be subject to low-level supervision,
except for those subjects on parole or mandatory
supervised release for first degree murder, a forcible
felony as defined in Section 2-8 of the Criminal Code
of 2012, any felony that requires registration as a
sex offender under the Sex Offender Registration Act,
or a Class X felony or Class 1 felony that is not a
violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act. Low level
supervision shall require the subject to check in with
the supervising officer via phone or other electronic
means. Notwithstanding this placement on low level
supervision, placement of the subject on electronic
monitoring or detention shall not occur unless it is
required by law or expressly ordered or approved by
the Prisoner Review Board.
(b) The Board may in addition to other conditions require
that the subject:

SB1797 - 689 - LRB103 03433 AMQ 48439 b
(1) work or pursue a course of study or vocational
training;
(2) undergo medical or psychiatric treatment, or
treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for the
instruction or residence of persons on probation or
parole;
(4) support his or her dependents;
(5) (blank);
(6) (blank);
(7) (blank);
(7.5) if convicted for an offense committed on or
after the effective date of this amendatory Act of the
95th General Assembly that would qualify the accused as a
child sex offender as defined in Section 11-9.3 or 11-9.4
of the Criminal Code of 1961 or the Criminal Code of 2012,
refrain from communicating with or contacting, by means of
the Internet, a person who is related to the accused and
whom the accused reasonably believes to be under 18 years
of age; for purposes of this paragraph (7.5), "Internet"
has the meaning ascribed to it in Section 16-0.1 of the
Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused;
(iii) a first or second cousin of the accused; or (iv) a
step-child or adopted child of the accused;

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(7.6) if convicted for an offense committed on or
after June 1, 2009 (the effective date of Public Act
95-983) that would qualify as a sex offense as defined in
the Sex Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent, a law enforcement officer, or assigned computer
or information technology specialist, including the
retrieval and copying of all data from the computer or
device and any internal or external peripherals and
removal of such information, equipment, or device to
conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or
software systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent; and
(8) in addition, if a minor:

SB1797 - 691 - LRB103 03433 AMQ 48439 b
(i) reside with his or her parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his or her own support at home
or in a foster home.
(b-1) In addition to the conditions set forth in
subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections, may be required by the Board to comply with the
following specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
Registration Act;
(3) notify third parties of the risks that may be
occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department
of Corrections prior to accepting employment or pursuing a
course of study or vocational training and notify the
Department prior to any change in employment, study, or
training;
(5) not be employed or participate in any volunteer
activity that involves contact with children, except under
circumstances approved in advance and in writing by an

SB1797 - 692 - LRB103 03433 AMQ 48439 b
agent of the Department of Corrections;
(6) be electronically monitored for a minimum of 12
months from the date of release as determined by the
Board;
(7) refrain from entering into a designated geographic
area except upon terms approved in advance by an agent of
the Department of Corrections. The terms may include
consideration of the purpose of the entry, the time of
day, and others accompanying the person;
(8) refrain from having any contact, including written
or oral communications, directly or indirectly, personally
or by telephone, letter, or through a third party with
certain specified persons including, but not limited to,
the victim or the victim's family without the prior
written approval of an agent of the Department of
Corrections;
(9) refrain from all contact, directly or indirectly,
personally, by telephone, letter, or through a third
party, with minor children without prior identification
and approval of an agent of the Department of Corrections;
(10) neither possess or have under his or her control
any material that is sexually oriented, sexually
stimulating, or that shows male or female sex organs or
any pictures depicting children under 18 years of age nude
or any written or audio material describing sexual
intercourse or that depicts or alludes to sexual activity,

SB1797 - 693 - LRB103 03433 AMQ 48439 b
including but not limited to visual, auditory, telephonic,
or electronic media, or any matter obtained through access
to any computer or material linked to computer access use;
(11) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize
"900" or adult telephone numbers;
(12) not reside near, visit, or be in or about parks,
schools, child day care centers, swimming pools, beaches,
theaters, or any other places where minor children
congregate without advance approval of an agent of the
Department of Corrections and immediately report any
incidental contact with minor children to the Department;
(13) not possess or have under his or her control
certain specified items of contraband related to the
incidence of sexually offending as determined by an agent
of the Department of Corrections;
(14) may be required to provide a written daily log of
activities if directed by an agent of the Department of
Corrections;
(15) comply with all other special conditions that the
Department may impose that restrict the person from
high-risk situations and limit access to potential
victims;
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole

SB1797 - 694 - LRB103 03433 AMQ 48439 b
officer before driving alone in a motor vehicle.
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to
the person in writing prior to his or her release, and he or
she shall sign the same before release. A signed copy of these
conditions, including a copy of an order of protection where
one had been issued by the criminal court, shall be retained by
the person and another copy forwarded to the officer in charge
of his or her supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole or
mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of
such optional services upon their release on a voluntary
basis.
(f) (Blank).
(Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;
100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
(730 ILCS 5/5-5-3.2)
(Text of Section before amendment by P.A. 102-982)
Sec. 5-5-3.2. Factors in aggravation and extended-term
sentencing.
(a) The following factors shall be accorded weight in

SB1797 - 695 - LRB103 03433 AMQ 48439 b
favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence under
Section 5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency
or criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who has a physical disability or such person's
property;

SB1797 - 696 - LRB103 03433 AMQ 48439 b
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual;
(ii) the person or property of a person who has an
association with, is married to, or has a friendship with
the other individual; or (iii) the person or property of a
relative (by blood or marriage) of a person described in
clause (i) or (ii). For the purposes of this Section,
"sexual orientation" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human
Rights Act;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was on pretrial release or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;

SB1797 - 697 - LRB103 03433 AMQ 48439 b
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation
of one of the following Sections while in a school,
regardless of the time of day or time of year; on any
conveyance owned, leased, or contracted by a school to

SB1797 - 698 - LRB103 03433 AMQ 48439 b
transport students to or from school or a school related
activity; on the real property of a school; or on a public
way within 1,000 feet of the real property comprising any
school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
for subdivision (a)(4) or (g)(1), of the Criminal Code of
1961 or the Criminal Code of 2012;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or

SB1797 - 699 - LRB103 03433 AMQ 48439 b
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
2012;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home.
For the purposes of this paragraph (18), "nursing home"
means a skilled nursing or intermediate long term care
facility that is subject to license by the Illinois
Department of Public Health under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of
2013, the ID/DD Community Care Act, or the MC/DD Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012 or the offense of
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any
combination thereof under Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance

SB1797 - 700 - LRB103 03433 AMQ 48439 b
and (ii) was operating a motor vehicle in excess of 20
miles per hour over the posted speed limit as provided in
Article VI of Chapter 11 of the Illinois Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed
Forces of the United States, including a member of any
reserve component thereof or National Guard unit called to
active duty;
(23) the defendant committed the offense against a
person who was elderly or infirm or who was a person with a
disability by taking advantage of a family or fiduciary
relationship with the elderly or infirm person or person
with a disability;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the

SB1797 - 701 - LRB103 03433 AMQ 48439 b
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any
act of sexual penetration or bound, fettered, or subject
to sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a

SB1797 - 702 - LRB103 03433 AMQ 48439 b
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit;
(28) the defendant committed the offense of assault,
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was
performing his or her duties delivering mail for the
United States Postal Service;
(29) the defendant committed the offense of criminal
sexual assault, aggravated criminal sexual assault,
criminal sexual abuse, or aggravated criminal sexual abuse
against a victim with an intellectual disability, and the
defendant holds a position of trust, authority, or
supervision in relation to the victim;
(30) the defendant committed the offense of promoting
juvenile prostitution, patronizing a prostitute, or
patronizing a minor engaged in prostitution and at the
time of the commission of the offense knew that the
prostitute or minor engaged in prostitution was in the

SB1797 - 703 - LRB103 03433 AMQ 48439 b
custody or guardianship of the Department of Children and
Family Services;
(31) the defendant (i) committed the offense of
driving while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds or any
combination thereof in violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance and (ii) the defendant during the commission of
the offense was driving his or her vehicle upon a roadway
designated for one-way traffic in the opposite direction
of the direction indicated by official traffic control
devices;
(32) the defendant committed the offense of reckless
homicide while committing a violation of Section 11-907 of
the Illinois Vehicle Code;
(33) the defendant was found guilty of an
administrative infraction related to an act or acts of
public indecency or sexual misconduct in the penal
institution. In this paragraph (33), "penal institution"
has the same meaning as in Section 2-14 of the Criminal
Code of 2012; or
(34) the defendant committed the offense of leaving
the scene of an accident in violation of subsection (b) of
Section 11-401 of the Illinois Vehicle Code and the
accident resulted in the death of a person and at the time
of the offense, the defendant was: (i) driving under the

SB1797 - 704 - LRB103 03433 AMQ 48439 b
influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof as
defined by Section 11-501 of the Illinois Vehicle Code; or
(ii) operating the motor vehicle while using an electronic
communication device as defined in Section 12-610.2 of the
Illinois Vehicle Code.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State
certified and licensed day care center as defined in Section
2.09 of the Child Care Act of 1969 that displays a sign in
plain view stating that the property is a day care center.
"Intellectual disability" means significantly subaverage
intellectual functioning which exists concurrently with
impairment in adaptive behavior.
"Public transportation" means the transportation or
conveyance of persons by means available to the general
public, and includes paratransit services.
"Traffic control devices" means all signs, signals,
markings, and devices that conform to the Illinois Manual on
Uniform Traffic Control Devices, placed or erected by
authority of a public body or official having jurisdiction,
for the purpose of regulating, warning, or guiding traffic.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term

SB1797 - 705 - LRB103 03433 AMQ 48439 b
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or
greater class felony, when such conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and such charges are separately
brought and tried and arise out of different series of
acts; or
(2) When a defendant is convicted of any felony and
the court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person who had a physical disability at
the time of the offense or such person's property; or
(4) When a defendant is convicted of any felony and
the offense involved any of the following types of
specific misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or

SB1797 - 706 - LRB103 03433 AMQ 48439 b
social group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight
attached to it. For purposes of this paragraph, "laser
sight" has the meaning ascribed to it in Section 26-7 of
the Criminal Code of 2012; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted

SB1797 - 707 - LRB103 03433 AMQ 48439 b
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the
defendant knowingly video or audio records the offense
with the intent to disseminate the recording.
(c) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section
5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has
occurred within 10 years after the previous conviction,
excluding time spent in custody, and the charges are
separately brought and tried and arise out of different

SB1797 - 708 - LRB103 03433 AMQ 48439 b
series of acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge
of the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in
the nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or

SB1797 - 709 - LRB103 03433 AMQ 48439 b
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties
is killed or injured at the scene of the offense while
responding to the emergency caused by the commission of
the offense. In this paragraph, "emergency" means a

SB1797 - 710 - LRB103 03433 AMQ 48439 b
situation in which a person's life, health, or safety is
in jeopardy; and "emergency response officer" means a
peace officer, community policing volunteer, fireman,
emergency medical technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(8) When the defendant is convicted of attempted mob
action, solicitation to commit mob action, or conspiracy
to commit mob action under Section 8-1, 8-2, or 8-4 of the
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012,
and an electronic communication is used in the commission
of the offense. For the purposes of this paragraph (8),
"electronic communication" shall have the meaning provided
in Section 26.5-0.1 of the Criminal Code of 2012.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the

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time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
8-20-21.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5-5-3.2. Factors in aggravation and extended-term
sentencing.
(a) The following factors shall be accorded weight in
favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence under
Section 5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency
or criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it

SB1797 - 712 - LRB103 03433 AMQ 48439 b
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who has a physical disability or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual;
(ii) the person or property of a person who has an
association with, is married to, or has a friendship with
the other individual; or (iii) the person or property of a
relative (by blood or marriage) of a person described in
clause (i) or (ii). For the purposes of this Section,
"sexual orientation" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human

SB1797 - 713 - LRB103 03433 AMQ 48439 b
Rights Act;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was on pretrial release or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or child day care
worker, in relation to a victim under 18 years of age, and
the defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

SB1797 - 714 - LRB103 03433 AMQ 48439 b
11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation
of one of the following Sections while in a school,
regardless of the time of day or time of year; on any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school related
activity; on the real property of a school; or on a public
way within 1,000 feet of the real property comprising any
school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
for subdivision (a)(4) or (g)(1), of the Criminal Code of
1961 or the Criminal Code of 2012;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a child day care

SB1797 - 715 - LRB103 03433 AMQ 48439 b
center, regardless of the time of day or time of year; on
the real property of a child day care center, regardless
of the time of day or time of year; or on a public way
within 1,000 feet of the real property comprising any
child day care center, regardless of the time of day or
time of year: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
for subdivision (a)(4) or (g)(1), of the Criminal Code of
1961 or the Criminal Code of 2012;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
2012;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home.
For the purposes of this paragraph (18), "nursing home"
means a skilled nursing or intermediate long term care
facility that is subject to license by the Illinois
Department of Public Health under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of

SB1797 - 716 - LRB103 03433 AMQ 48439 b
2013, the ID/DD Community Care Act, or the MC/DD Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012 or the offense of
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any
combination thereof under Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
and (ii) was operating a motor vehicle in excess of 20
miles per hour over the posted speed limit as provided in
Article VI of Chapter 11 of the Illinois Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United

SB1797 - 717 - LRB103 03433 AMQ 48439 b
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed
Forces of the United States, including a member of any
reserve component thereof or National Guard unit called to
active duty;
(23) the defendant committed the offense against a
person who was elderly or infirm or who was a person with a
disability by taking advantage of a family or fiduciary
relationship with the elderly or infirm person or person
with a disability;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or

SB1797 - 718 - LRB103 03433 AMQ 48439 b
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any
act of sexual penetration or bound, fettered, or subject
to sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit;
(28) the defendant committed the offense of assault,
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a

SB1797 - 719 - LRB103 03433 AMQ 48439 b
letter carrier or postal worker while that person was
performing his or her duties delivering mail for the
United States Postal Service;
(29) the defendant committed the offense of criminal
sexual assault, aggravated criminal sexual assault,
criminal sexual abuse, or aggravated criminal sexual abuse
against a victim with an intellectual disability, and the
defendant holds a position of trust, authority, or
supervision in relation to the victim;
(30) the defendant committed the offense of promoting
juvenile prostitution, patronizing a prostitute, or
patronizing a minor engaged in prostitution and at the
time of the commission of the offense knew that the
prostitute or minor engaged in prostitution was in the
custody or guardianship of the Department of Children and
Family Services;
(31) the defendant (i) committed the offense of
driving while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds or any
combination thereof in violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance and (ii) the defendant during the commission of
the offense was driving his or her vehicle upon a roadway
designated for one-way traffic in the opposite direction
of the direction indicated by official traffic control
devices;

SB1797 - 720 - LRB103 03433 AMQ 48439 b
(32) the defendant committed the offense of reckless
homicide while committing a violation of Section 11-907 of
the Illinois Vehicle Code;
(33) the defendant was found guilty of an
administrative infraction related to an act or acts of
public indecency or sexual misconduct in the penal
institution. In this paragraph (33), "penal institution"
has the same meaning as in Section 2-14 of the Criminal
Code of 2012; or
(34) the defendant committed the offense of leaving
the scene of a crash in violation of subsection (b) of
Section 11-401 of the Illinois Vehicle Code and the crash
resulted in the death of a person and at the time of the
offense, the defendant was: (i) driving under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof as
defined by Section 11-501 of the Illinois Vehicle Code; or
(ii) operating the motor vehicle while using an electronic
communication device as defined in Section 12-610.2 of the
Illinois Vehicle Code.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Child Day care center" means a public or private State
certified and licensed child day care center as defined in
Section 2.09 of the Child Care Act of 1969 that displays a sign

SB1797 - 721 - LRB103 03433 AMQ 48439 b
in plain view stating that the property is a child day care
center.
"Intellectual disability" means significantly subaverage
intellectual functioning which exists concurrently with
impairment in adaptive behavior.
"Public transportation" means the transportation or
conveyance of persons by means available to the general
public, and includes paratransit services.
"Traffic control devices" means all signs, signals,
markings, and devices that conform to the Illinois Manual on
Uniform Traffic Control Devices, placed or erected by
authority of a public body or official having jurisdiction,
for the purpose of regulating, warning, or guiding traffic.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or
greater class felony, when such conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and such charges are separately
brought and tried and arise out of different series of
acts; or
(2) When a defendant is convicted of any felony and
the court finds that the offense was accompanied by

SB1797 - 722 - LRB103 03433 AMQ 48439 b
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person who had a physical disability at
the time of the offense or such person's property; or
(4) When a defendant is convicted of any felony and
the offense involved any of the following types of
specific misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or
social group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was

SB1797 - 723 - LRB103 03433 AMQ 48439 b
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight
attached to it. For purposes of this paragraph, "laser
sight" has the meaning ascribed to it in Section 26-7 of
the Criminal Code of 2012; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an

SB1797 - 724 - LRB103 03433 AMQ 48439 b
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the
defendant knowingly video or audio records the offense
with the intent to disseminate the recording.
(c) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section
5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has
occurred within 10 years after the previous conviction,
excluding time spent in custody, and the charges are
separately brought and tried and arise out of different
series of acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant

SB1797 - 725 - LRB103 03433 AMQ 48439 b
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge
of the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in
the nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or

SB1797 - 726 - LRB103 03433 AMQ 48439 b
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties
is killed or injured at the scene of the offense while
responding to the emergency caused by the commission of
the offense. In this paragraph, "emergency" means a
situation in which a person's life, health, or safety is
in jeopardy; and "emergency response officer" means a
peace officer, community policing volunteer, fireman,
emergency medical technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(8) When the defendant is convicted of attempted mob
action, solicitation to commit mob action, or conspiracy
to commit mob action under Section 8-1, 8-2, or 8-4 of the

SB1797 - 727 - LRB103 03433 AMQ 48439 b
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012,
and an electronic communication is used in the commission
of the offense. For the purposes of this paragraph (8),
"electronic communication" shall have the meaning provided
in Section 26.5-0.1 of the Criminal Code of 2012.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the
time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
8-20-21; 102-982, eff. 7-1-23.)
Section 300. The Stalking No Contact Order Act is amended

SB1797 - 728 - LRB103 03433 AMQ 48439 b
by changing Sections 80 and 115 as follows:
(740 ILCS 21/80)
Sec. 80. Stalking no contact orders; remedies.
(a) If the court finds that the petitioner has been a
victim of stalking, a stalking no contact order shall issue;
provided that the petitioner must also satisfy the
requirements of Section 95 on emergency orders or Section 100
on plenary orders. The petitioner shall not be denied a
stalking no contact order because the petitioner or the
respondent is a minor. The court, when determining whether or
not to issue a stalking no contact order, may not require
physical injury on the person of the petitioner. Modification
and extension of prior stalking no contact orders shall be in
accordance with this Act.
(b) A stalking no contact order shall order one or more of
the following:
(1) prohibit the respondent from threatening to commit
or committing stalking;
(2) order the respondent not to have any contact with
the petitioner or a third person specifically named by the
court;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within a specified distance
of the petitioner or the petitioner's residence, school,
child care daycare, or place of employment, or any

SB1797 - 729 - LRB103 03433 AMQ 48439 b
specified place frequented by the petitioner; however, the
court may order the respondent to stay away from the
respondent's own residence, school, or place of employment
only if the respondent has been provided actual notice of
the opportunity to appear and be heard on the petition;
(4) prohibit the respondent from possessing a Firearm
Owners Identification Card, or possessing or buying
firearms; and
(5) order other injunctive relief the court determines
to be necessary to protect the petitioner or third party
specifically named by the court.
(b-5) When the petitioner and the respondent attend the
same public, private, or non-public elementary, middle, or
high school, the court when issuing a stalking no contact
order and providing relief shall consider the severity of the
act, any continuing physical danger or emotional distress to
the petitioner, the educational rights guaranteed to the
petitioner and respondent under federal and State law, the
availability of a transfer of the respondent to another
school, a change of placement or a change of program of the
respondent, the expense, difficulty, and educational
disruption that would be caused by a transfer of the
respondent to another school, and any other relevant facts of
the case. The court may order that the respondent not attend
the public, private, or non-public elementary, middle, or high
school attended by the petitioner, order that the respondent

SB1797 - 730 - LRB103 03433 AMQ 48439 b
accept a change of placement or program, as determined by the
school district or private or non-public school, or place
restrictions on the respondent's movements within the school
attended by the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a transfer,
change of placement, or change of program of the respondent is
not available. The respondent also bears the burden of
production with respect to the expense, difficulty, and
educational disruption that would be caused by a transfer of
the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public
school's transfer, change of placement, or change of program
or solely on the ground that the respondent fails or refuses to
consent to or otherwise does not take an action required to
effectuate a transfer, change of placement, or change of
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another
attendance center within the respondent's school district or
private or non-public school, the school district or private
or non-public school shall have sole discretion to determine
the attendance center to which the respondent is transferred.
In the event the court order results in a transfer of the minor
respondent to another attendance center, a change in the

SB1797 - 731 - LRB103 03433 AMQ 48439 b
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.
(b-6) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. In the event the court
orders a transfer of the respondent to another school, the
parents, guardian, or legal custodian of the respondent are
responsible for transportation and other costs associated with
the change of school by the respondent.
(b-7) The court shall not hold a school district or
private or non-public school or any of its employees in civil
or criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-8) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in such
conduct.
(c) The court may award the petitioner costs and attorneys
fees if a stalking no contact order is granted.
(d) Monetary damages are not recoverable as a remedy.

SB1797 - 732 - LRB103 03433 AMQ 48439 b
(e) If the stalking no contact order prohibits the
respondent from possessing a Firearm Owner's Identification
Card, or possessing or buying firearms; the court shall
confiscate the respondent's Firearm Owner's Identification
Card and immediately return the card to the Illinois State
Police Firearm Owner's Identification Card Office.
(Source: P.A. 102-538, eff. 8-20-21.)
(740 ILCS 21/115)
Sec. 115. Notice of orders.
(a) Upon issuance of any stalking no contact order, the
clerk shall immediately:
(1) enter the order on the record and file it in
accordance with the circuit court procedures; and
(2) provide a file stamped copy of the order to the
respondent, if present, and to the petitioner.
(b) The clerk of the issuing judge shall, or the
petitioner may, on the same day that a stalking no contact
order is issued, file a certified copy of that order with the
sheriff or other law enforcement officials charged with
maintaining Illinois State Police records or charged with
serving the order upon the respondent. If the respondent, at
the time of the issuance of the order, is committed to the
custody of the Illinois Department of Corrections or Illinois
Department of Juvenile Justice or is on parole, aftercare
release, or mandatory supervised release, the sheriff or other

SB1797 - 733 - LRB103 03433 AMQ 48439 b
law enforcement officials charged with maintaining Illinois
State Police records shall notify the Department of
Corrections or Department of Juvenile Justice within 48 hours
of receipt of a copy of the stalking no contact order from the
clerk of the issuing judge or the petitioner. Such notice
shall include the name of the respondent, the respondent's
IDOC inmate number or IDJJ youth identification number, the
respondent's date of birth, and the LEADS Record Index Number.
(c) Unless the respondent was present in court when the
order was issued, the sheriff, other law enforcement official,
or special process server shall promptly serve that order upon
the respondent and file proof of such service in the manner
provided for service of process in civil proceedings. Instead
of serving the order upon the respondent, however, the
sheriff, other law enforcement official, special process
server, or other persons defined in Section 117 may serve the
respondent with a short form notification as provided in
Section 117. If process has not yet been served upon the
respondent, it shall be served with the order or short form
notification if such service is made by the sheriff, other law
enforcement official, or special process server.
(d) If the person against whom the stalking no contact
order is issued is arrested and the written order is issued in
accordance with subsection (c) of Section 95 and received by
the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law

SB1797 - 734 - LRB103 03433 AMQ 48439 b
enforcement agent shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for hearing on the petition
for stalking no contact order or receipt of the order issued
under Section 95 of this Act.
(e) Any order extending, modifying, or revoking any
stalking no contact order shall be promptly recorded, issued,
and served as provided in this Section.
(f) Upon the request of the petitioner, within 24 hours of
the issuance of a stalking no contact order, the clerk of the
issuing judge shall send written notice of the order along
with a certified copy of the order to any school, child care
daycare, college, or university at which the petitioner is
enrolled.
(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)
Section 305. The Civil No Contact Order Act is amended by
changing Section 213 as follows:
(740 ILCS 22/213)
Sec. 213. Civil no contact order; remedies.
(a) If the court finds that the petitioner has been a
victim of non-consensual sexual conduct or non-consensual
sexual penetration, a civil no contact order shall issue;
provided that the petitioner must also satisfy the

SB1797 - 735 - LRB103 03433 AMQ 48439 b
requirements of Section 214 on emergency orders or Section 215
on plenary orders. The petitioner shall not be denied a civil
no contact order because the petitioner or the respondent is a
minor. The court, when determining whether or not to issue a
civil no contact order, may not require physical injury on the
person of the victim. Modification and extension of prior
civil no contact orders shall be in accordance with this Act.
(a-5) (Blank).
(b) (Blank).
(b-5) The court may provide relief as follows:
(1) prohibit the respondent from knowingly coming
within, or knowingly remaining within, a specified
distance from the petitioner;
(2) restrain the respondent from having any contact,
including nonphysical contact and electronic communication
as defined in Section 26.5-0.1 of the Criminal Code of
2012, with the petitioner directly, indirectly, or through
third parties, regardless of whether those third parties
know of the order;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within, a specified
distance from the petitioner's residence, school, child
day care or other specified location;
(4) order the respondent to stay away from any
property or animal owned, possessed, leased, kept, or held
by the petitioner and forbid the respondent from taking,

SB1797 - 736 - LRB103 03433 AMQ 48439 b
transferring, encumbering, concealing, harming, or
otherwise disposing of the property or animal; and
(5) order any other injunctive relief as necessary or
appropriate for the protection of the petitioner.
(b-6) When the petitioner and the respondent attend the
same public or private elementary, middle, or high school, the
court when issuing a civil no contact order and providing
relief shall consider the severity of the act, any continuing
physical danger or emotional distress to the petitioner, the
educational rights guaranteed to the petitioner and respondent
under federal and State law, the availability of a transfer of
the respondent to another school, a change of placement or a
change of program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a transfer
of the respondent to another school, and any other relevant
facts of the case. The court may order that the respondent not
attend the public, private, or non-public elementary, middle,
or high school attended by the petitioner, order that the
respondent accept a change of placement or program, as
determined by the school district or private or non-public
school, or place restrictions on the respondent's movements
within the school attended by the petitioner. The respondent
bears the burden of proving by a preponderance of the evidence
that a transfer, change of placement, or change of program of
the respondent is not available. The respondent also bears the
burden of production with respect to the expense, difficulty,

SB1797 - 737 - LRB103 03433 AMQ 48439 b
and educational disruption that would be caused by a transfer
of the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public
school's transfer, change of placement, or change of program
or solely on the ground that the respondent fails or refuses to
consent to or otherwise does not take an action required to
effectuate a transfer, change of placement, or change of
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another
attendance center within the respondent's school district or
private or non-public school, the school district or private
or non-public school shall have sole discretion to determine
the attendance center to which the respondent is transferred.
In the event the court order results in a transfer of the minor
respondent to another attendance center, a change in the
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.
(b-7) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. In the event the court

SB1797 - 738 - LRB103 03433 AMQ 48439 b
orders a transfer of the respondent to another school, the
parents or legal guardians of the respondent are responsible
for transportation and other costs associated with the change
of school by the respondent.
(c) Denial of a remedy may not be based, in whole or in
part, on evidence that:
(1) the respondent has cause for any use of force,
unless that cause satisfies the standards for justifiable
use of force provided by Article 7 of the Criminal Code of
2012;
(2) the respondent was voluntarily intoxicated;
(3) the petitioner acted in self-defense or defense of
another, provided that, if the petitioner utilized force,
such force was justifiable under Article 7 of the Criminal
Code of 2012;
(4) the petitioner did not act in self-defense or
defense of another;
(5) the petitioner left the residence or household to
avoid further non-consensual sexual conduct or
non-consensual sexual penetration by the respondent; or
(6) the petitioner did not leave the residence or
household to avoid further non-consensual sexual conduct
or non-consensual sexual penetration by the respondent.
(d) Monetary damages are not recoverable as a remedy.
(Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22;
102-831, eff. 5-13-22.)

SB1797 - 739 - LRB103 03433 AMQ 48439 b
Section 310. The Illinois Parentage Act of 2015 is amended
by changing Section 106 as follows:
(750 ILCS 46/106)
Sec. 106. Protection of participants. Proceedings under
this Act are subject to other law of this State governing the
health, safety, privacy, and liberty of a child or other
individual who could be jeopardized by disclosure of
identifying information, including address, telephone number,
place of employment, social security number, and the child's
child care day-care facility and school.
(Source: P.A. 99-85, eff. 1-1-16.)
Section 315. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 203 and 222 as follows:
(750 ILCS 60/203) (from Ch. 40, par. 2312-3)
Sec. 203. Pleading; non-disclosure of address;
non-disclosure of schools.
(a) A petition for an order of protection shall be in
writing and verified or accompanied by affidavit and shall
allege that petitioner has been abused by respondent, who is a
family or household member. The petition shall further set
forth whether there is any other pending action between the
parties. During the pendency of this proceeding, each party

SB1797 - 740 - LRB103 03433 AMQ 48439 b
has a continuing duty to inform the court of any subsequent
proceeding for an order of protection in this or any other
state.
(b) If the petition states that disclosure of petitioner's
address would risk abuse of petitioner or any member of
petitioner's family or household or reveal the confidential
address of a shelter for domestic violence victims, that
address may be omitted from all documents filed with the
court. If disclosure is necessary to determine jurisdiction or
consider any venue issue, it shall be made orally and in
camera. If petitioner has not disclosed an address under this
subsection, petitioner shall designate an alternative address
at which respondent may serve notice of any motions.
(c) If the petitioner is seeking to have a child protected
by the order of protection, and if that child is enrolled in
any child care day-care facility, pre-school,
pre-kindergarten, private school, public school district,
college, or university, the petitioner may provide the name
and address of the child care day-care facility, pre-school,
pre-kindergarten, private school, public school district,
college, or university to the court. However, if the petition
states that disclosure of this information would risk abuse to
petitioner or to the child protected under the order, this
information may be omitted from all documents filed with the
court.
(Source: P.A. 92-90, eff. 7-18-01.)

SB1797 - 741 - LRB103 03433 AMQ 48439 b
(750 ILCS 60/222) (from Ch. 40, par. 2312-22)
Sec. 222. Notice of orders.
(a) Entry and issuance. Upon issuance of any order of
protection, the clerk shall immediately (i) enter the order on
the record and file it in accordance with the circuit court
procedures and (ii) provide a file stamped copy of the order to
respondent, if present, and to petitioner.
(b) Filing with sheriff. The clerk of the issuing judge
shall, or the petitioner may, on the same day that an order of
protection is issued, file a certified copy of that order with
the sheriff or other law enforcement officials charged with
maintaining Illinois State Police records or charged with
serving the order upon respondent. If the respondent, at the
time of the issuance of the order, is committed to the custody
of the Illinois Department of Corrections or Illinois
Department of Juvenile Justice or is on parole, aftercare
release, or mandatory supervised release, the sheriff or other
law enforcement officials charged with maintaining Illinois
State Police records shall notify the Department of
Corrections or Department of Juvenile Justice within 48 hours
of receipt of a copy of the order of protection from the clerk
of the issuing judge or the petitioner. Such notice shall
include the name of the respondent, the respondent's IDOC
inmate number or IDJJ youth identification number, the
respondent's date of birth, and the LEADS Record Index Number.

SB1797 - 742 - LRB103 03433 AMQ 48439 b
(c) Service by sheriff. Unless respondent was present in
court when the order was issued, the sheriff, other law
enforcement official or special process server shall promptly
serve that order upon respondent and file proof of such
service, in the manner provided for service of process in
civil proceedings. Instead of serving the order upon the
respondent, however, the sheriff, other law enforcement
official, special process server, or other persons defined in
Section 222.10 may serve the respondent with a short form
notification as provided in Section 222.10. If process has not
yet been served upon the respondent, it shall be served with
the order or short form notification if such service is made by
the sheriff, other law enforcement official, or special
process server. A single fee may be charged for service of an
order obtained in civil court, or for service of such an order
together with process, unless waived or deferred under Section
210.
(c-5) If the person against whom the order of protection
is issued is arrested and the written order is issued in
accordance with subsection (c) of Section 217 and received by
the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law
enforcement agent shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for hearing on the petition

SB1797 - 743 - LRB103 03433 AMQ 48439 b
for order of protection or receipt of the order issued under
Section 217 of this Act.
(d) Extensions, modifications and revocations. Any order
extending, modifying or revoking any order of protection shall
be promptly recorded, issued and served as provided in this
Section.
(e) Notice to schools. Upon the request of the petitioner,
within 24 hours of the issuance of an order of protection, the
clerk of the issuing judge shall send a certified copy of the
order of protection to the child care day-care facility,
pre-school or pre-kindergarten, or private school or the
principal office of the public school district or any college
or university in which any child who is a protected person
under the order of protection or any child of the petitioner is
enrolled as requested by the petitioner at the mailing address
provided by the petitioner. If the child transfers enrollment
to another child care day-care facility, pre-school,
pre-kindergarten, private school, public school, college, or
university, the petitioner may, within 24 hours of the
transfer, send to the clerk written notice of the transfer,
including the name and address of the institution to which the
child is transferring. Within 24 hours of receipt of notice
from the petitioner that a child is transferring to another
child care day-care facility, pre-school, pre-kindergarten,
private school, public school, college, or university, the
clerk shall send a certified copy of the order to the

SB1797 - 744 - LRB103 03433 AMQ 48439 b
institution to which the child is transferring.
(f) Disclosure by schools. After receiving a certified
copy of an order of protection that prohibits a respondent's
access to records, neither a child care day-care facility,
pre-school, pre-kindergarten, public or private school,
college, or university nor its employees shall allow a
respondent access to a protected child's records or release
information in those records to the respondent. The school
shall file the copy of the order of protection in the records
of a child who is a protected person under the order of
protection. When a child who is a protected person under the
order of protection transfers to another child care day-care
facility, pre-school, pre-kindergarten, public or private
school, college, or university, the institution from which the
child is transferring may, at the request of the petitioner,
provide, within 24 hours of the transfer, written notice of
the order of protection, along with a certified copy of the
order, to the institution to which the child is transferring.
(g) Notice to health care facilities and health care
practitioners. Upon the request of the petitioner, the clerk
of the circuit court shall send a certified copy of the order
of protection to any specified health care facility or health
care practitioner requested by the petitioner at the mailing
address provided by the petitioner.
(h) Disclosure by health care facilities and health care
practitioners. After receiving a certified copy of an order of

SB1797 - 745 - LRB103 03433 AMQ 48439 b
protection that prohibits a respondent's access to records, no
health care facility or health care practitioner shall allow a
respondent access to the records of any child who is a
protected person under the order of protection, or release
information in those records to the respondent, unless the
order has expired or the respondent shows a certified copy of
the court order vacating the corresponding order of protection
that was sent to the health care facility or practitioner.
Nothing in this Section shall be construed to require health
care facilities or health care practitioners to alter
procedures related to billing and payment. The health care
facility or health care practitioner may file the copy of the
order of protection in the records of a child who is a
protected person under the order of protection, or may employ
any other method to identify the records to which a respondent
is prohibited access. No health care facility or health care
practitioner shall be civilly or professionally liable for
reliance on a copy of an order of protection, except for
willful and wanton misconduct.
(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)
Section 320. The Illinois Human Rights Act is amended by
changing Section 5-101 as follows:
(775 ILCS 5/5-101) (from Ch. 68, par. 5-101)
Sec. 5-101. Definitions. The following definitions are

SB1797 - 746 - LRB103 03433 AMQ 48439 b
applicable strictly in the context of this Article:
(A) Place of Public Accommodation. "Place of public
accommodation" includes, but is not limited to:
(1) an inn, hotel, motel, or other place of lodging,
except for an establishment located within a building that
contains not more than 5 units for rent or hire and that is
actually occupied by the proprietor of such establishment
as the residence of such proprietor;
(2) a restaurant, bar, or other establishment serving
food or drink;
(3) a motion picture house, theater, concert hall,
stadium, or other place of exhibition or entertainment;
(4) an auditorium, convention center, lecture hall, or
other place of public gathering;
(5) a bakery, grocery store, clothing store, hardware
store, shopping center, or other sales or rental
establishment;
(6) a laundromat, dry-cleaner, bank, barber shop,
beauty shop, travel service, shoe repair service, funeral
parlor, gas station, office of an accountant or lawyer,
pharmacy, insurance office, professional office of a
health care provider, hospital, or other service
establishment;
(7) public conveyances on air, water, or land;
(8) a terminal, depot, or other station used for
specified public transportation;

SB1797 - 747 - LRB103 03433 AMQ 48439 b
(9) a museum, library, gallery, or other place of
public display or collection;
(10) a park, zoo, amusement park, or other place of
recreation;
(11) a non-sectarian nursery, child day care center,
elementary, secondary, undergraduate, or postgraduate
school, or other place of education;
(12) a senior citizen center, homeless shelter, food
bank, non-sectarian adoption agency, or other social
service center establishment; and
(13) a gymnasium, health spa, bowling alley, golf
course, or other place of exercise or recreation.
(B) Operator. "Operator" means any owner, lessee,
proprietor, manager, superintendent, agent, or occupant of a
place of public accommodation or an employee of any such
person or persons.
(C) Public Official. "Public official" means any officer
or employee of the state or any agency thereof, including
state political subdivisions, municipal corporations, park
districts, forest preserve districts, educational
institutions, and schools.
(Source: P.A. 100-863, eff. 8-14-18.)
Section 325. The Minimum Wage Law is amended by changing
Section 3 as follows:

SB1797 - 748 - LRB103 03433 AMQ 48439 b
(820 ILCS 105/3) (from Ch. 48, par. 1003)
Sec. 3. As used in this Act:
(a) "Director" means the Director of the Department of
Labor, and "Department" means the Department of Labor.
(b) "Wages" means compensation due to an employee by
reason of his employment, including allowances determined by
the Director in accordance with the provisions of this Act for
gratuities and, when furnished by the employer, for meals and
lodging actually used by the employee.
(c) "Employer" includes any individual, partnership,
association, corporation, limited liability company, business
trust, governmental or quasi-governmental body, or any person
or group of persons acting directly or indirectly in the
interest of an employer in relation to an employee, for which
one or more persons are gainfully employed on some day within a
calendar year. An employer is subject to this Act in a calendar
year on and after the first day in such calendar year in which
he employs one or more persons, and for the following calendar
year.
(d) "Employee" includes any individual permitted to work
by an employer in an occupation, and includes, notwithstanding
subdivision (1) of this subsection (d), one or more domestic
workers as defined in Section 10 of the Domestic Workers' Bill
of Rights Act, but does not include any individual permitted
to work:
(1) For an employer employing fewer than 4 employees

SB1797 - 749 - LRB103 03433 AMQ 48439 b
exclusive of the employer's parent, spouse or child or
other members of his immediate family.
(2) As an employee employed in agriculture or
aquaculture (A) if such employee is employed by an
employer who did not, during any calendar quarter during
the preceding calendar year, use more than 500 man-days of
agricultural or aquacultural labor, (B) if such employee
is the parent, spouse or child, or other member of the
employer's immediate family, (C) if such employee (i) is
employed as a hand harvest laborer and is paid on a piece
rate basis in an operation which has been, and is
customarily and generally recognized as having been, paid
on a piece rate basis in the region of employment, (ii)
commutes daily from his permanent residence to the farm on
which he is so employed, and (iii) has been employed in
agriculture less than 13 weeks during the preceding
calendar year, (D) if such employee (other than an
employee described in clause (C) of this subparagraph):
(i) is 16 years of age or under and is employed as a hand
harvest laborer, is paid on a piece rate basis in an
operation which has been, and is customarily and generally
recognized as having been, paid on a piece rate basis in
the region of employment, (ii) is employed on the same
farm as his parent or person standing in the place of his
parent, and (iii) is paid at the same piece rate as
employees over 16 are paid on the same farm.

SB1797 - 750 - LRB103 03433 AMQ 48439 b
(3) (Blank).
(4) As an outside salesman.
(5) As a member of a religious corporation or
organization.
(6) At an accredited Illinois college or university
employed by the college or university at which he is a
student who is covered under the provisions of the Fair
Labor Standards Act of 1938, as heretofore or hereafter
amended.
(7) For a motor carrier and with respect to whom the
U.S. Secretary of Transportation has the power to
establish qualifications and maximum hours of service
under the provisions of Title 49 U.S.C. or the State of
Illinois under Section 18b-105 (Title 92 of the Illinois
Administrative Code, Part 395 - Hours of Service of
Drivers) of the Illinois Vehicle Code.
(8) As an employee employed as a player who is 28 years
old or younger, a manager, a coach, or an athletic trainer
by a minor league professional baseball team not
affiliated with a major league baseball club, if (A) the
minor league professional baseball team does not operate
for more than 7 months in any calendar year or (B) during
the preceding calendar year, the minor league professional
baseball team's average receipts for any 6-month period of
the year were not more than 33 1/3% of its average receipts
for the other 6 months of the year.

SB1797 - 751 - LRB103 03433 AMQ 48439 b
The above exclusions from the term "employee" may be
further defined by regulations of the Director.
(e) "Occupation" means an industry, trade, business or
class of work in which employees are gainfully employed.
(f) "Gratuities" means voluntary monetary contributions to
an employee from a guest, patron or customer in connection
with services rendered.
(g) "Outside salesman" means an employee regularly engaged
in making sales or obtaining orders or contracts for services
where a major portion of such duties are performed away from
his employer's place of business.
(h) "Day camp" means a seasonal recreation program in
operation for no more than 16 weeks intermittently throughout
the calendar year, accommodating for profit or under
philanthropic or charitable auspices, 5 or more children under
18 years of age, not including overnight programs. The term
"day camp" does not include a "child day care agency", "child
care facility" or "foster family home" as licensed by the
Illinois Department of Children and Family Services.
(Source: P.A. 99-758, eff. 1-1-17; 100-192, eff. 8-18-17.)
Section 330. The Domestic Workers' Bill of Rights Act is
amended by changing Section 10 as follows:
(820 ILCS 182/10)
Sec. 10. Definitions. As used in this Act:

SB1797 - 752 - LRB103 03433 AMQ 48439 b
"Domestic work" means:
(1) housekeeping;
(2) house cleaning;
(3) home management;
(4) nanny services including child care childcare and
child monitoring;
(5) caregiving, personal care or home health services
for elderly persons or persons with an illness, injury, or
disability who require assistance in caring for
themselves;
(6) laundering;
(7) cooking;
(8) companion services;
(9) chauffeuring; or
(10) other household services for members of
households or their guests in or about a private home or
residence or any other location where the domestic work is
performed.
"Domestic worker" means a person employed to perform
domestic work. "Domestic worker" does not include: (i) a
person performing domestic work who is the employer's parent,
spouse, child, or other member of his or her immediate family,
exclusive of individuals whose primary work duties are
caregiving, companion services, personal care or home health
services for elderly persons or persons with an illness,
injury, or disability who require assistance in caring for

SB1797 - 753 - LRB103 03433 AMQ 48439 b
themselves; (ii) child and day care home providers
participating in the child care assistance program under
Section 9A-11 of the Illinois Public Aid Code; (iii) a person
who is employed by one or more employers in or about a private
home or residence or any other location where the domestic
work is performed for 8 hours or less in the aggregate in any
workweek on a regular basis, exclusive of individuals whose
primary work duties are caregiving, companion services,
personal care or home health services for elderly persons or
persons with an illness, injury, or disability who require
assistance in caring for themselves; or (iv) a person who the
employer establishes: (A) has been and will continue to be
free from control and direction over the performance of his or
her work, both under a contract of service and in fact; (B) is
engaged in an independently established trade, occupation,
profession or business; or (C) is deemed a legitimate sole
proprietor or partnership. A sole proprietor or partnership
shall be deemed to be legitimate if the employer establishes
that:
(1) the sole proprietor or partnership is performing
the service free from the direction or control over the
means and manner of providing the service, subject only to
the right of the employer for whom the service is provided
to specify the desired result;
(2) the sole proprietor or partnership is not subject
to cancellation or destruction upon severance of the

SB1797 - 754 - LRB103 03433 AMQ 48439 b
relationship with the employer;
(3) the sole proprietor or partnership has a
substantial investment of capital in the sole
proprietorship or partnership beyond ordinary tools and
equipment and a personal vehicle;
(4) the sole proprietor or partnership owns the
capital goods and gains the profits and bears the losses
of the sole proprietorship or partnership;
(5) the sole proprietor or partnership makes its
services available to the general public on a continuing
basis;
(6) the sole proprietor or partnership includes
services rendered on a Federal Income Tax Schedule as an
independent business or profession;
(7) the sole proprietor or partnership performs
services for the contractor under the sole
proprietorship's or partnership's name;
(8) when the services being provided require a license
or permit, the sole proprietor or partnership obtains and
pays for the license or permit in the sole
proprietorship's or partnership's name;
(9) the sole proprietor or partnership furnishes the
tools and equipment necessary to provide the service;
(10) if necessary, the sole proprietor or partnership
hires its own employees without approval of the employer,
pays the employees without reimbursement from the employer

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and reports the employees' income to the Internal Revenue
Service;
(11) the employer does not represent the sole
proprietorship or partnership as an employee of the
employer to the public; and
(12) the sole proprietor or partnership has the right
to perform similar services for others on whatever basis
and whenever it chooses.
"Employ" includes to suffer or permit to work.
"Employee" means a domestic worker.
"Employer" means: any individual; partnership;
association; corporation; limited liability company; business
trust; employment and labor placement agency where wages are
made directly or indirectly by the agency or business for work
undertaken by employees under hire to a third party pursuant
to a contract between the business or agency with the third
party; the State of Illinois and local governments, or any
political subdivision of the State or local government, or
State or local government agency; for which one or more
persons is gainfully employed, express or implied, whether
lawfully or unlawfully employed, who employs a domestic worker
or who exercises control over the domestic worker's wage,
remuneration, or other compensation, hours of employment,
place of employment, or working conditions, or whose agent or
any other person or group of persons acting directly or
indirectly in the interest of an employer in relation to the

SB1797 - 756 - LRB103 03433 AMQ 48439 b
employee exercises control over the domestic worker's wage,
remuneration or other compensation, hours of employment, place
of employment, or working conditions.
(Source: P.A. 99-758, eff. 1-1-17.)
Section 995. 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.
SB1797 - 757 - LRB103 03433 AMQ 48439 b
INDEX
Statutes amended in order of appearance
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 315/7 from Ch. 48, par. 1607
20 ILCS 415/9 from Ch. 127, par. 63b109
20 ILCS 505/5 from Ch. 23, par. 5005
20 ILCS 505/5a from Ch. 23, par. 5005a
20 ILCS 505/5.15
20 ILCS 505/21 from Ch. 23, par. 5021
20 ILCS 505/22.1 from Ch. 23, par. 5022.1
20 ILCS 505/22.4 from Ch. 23, par. 5022.4
20 ILCS 605/605-1050
20 ILCS 655/8 from Ch. 67 1/2, par. 612
20 ILCS 1305/1-75
20 ILCS 1305/10-22
20 ILCS 1705/57.5
20 ILCS 3501/840-5
20 ILCS 3510/2 from Ch. 111 1/2, par. 8102
30 ILCS 590/2 from Ch. 127, par. 3002
30 ILCS 590/3 from Ch. 127, par. 3003
30 ILCS 590/4 from Ch. 127, par. 3004
30 ILCS 590/5 from Ch. 127, par. 3005
35 ILCS 105/2c from Ch. 120, par. 439.2c
35 ILCS 115/2c from Ch. 120, par. 439.102c
35 ILCS 120/2h from Ch. 120, par. 441h
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50 ILCS 350/15
55 ILCS 5/4-11001 from Ch. 34, par. 4-11001
55 ILCS 5/5-1097.5
60 ILCS 1/85-13
65 ILCS 5/8-3-18
65 ILCS 5/11-5-1.5
65 ILCS 5/11-21.5-5
65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
65 ILCS 5/11-80-15 from Ch. 24, par. 11-80-15
65 ILCS 115/10-8
105 ILCS 5/2-3.66 from Ch. 122, par. 2-3.66
105 ILCS 5/10-22.18b from Ch. 122, par. 10-22.18b
105 ILCS 5/10-22.18c from Ch. 122, par. 10-22.18c
105 ILCS 5/34-18.4 from Ch. 122, par. 34-18.4
105 ILCS 10/2 from Ch. 122, par. 50-2
110 ILCS 305/1d from Ch. 144, par. 22d
110 ILCS 520/8b.1 from Ch. 144, par. 658b.1
110 ILCS 660/5-95
110 ILCS 665/10-95
110 ILCS 670/15-95
110 ILCS 675/20-95
110 ILCS 680/25-95
110 ILCS 685/30-95
110 ILCS 690/35-95
210 ILCS 3/35
210 ILCS 46/1-114.001
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210 ILCS 47/1-114.001
210 ILCS 85/6.13 from Ch. 111 1/2, par. 147.13
215 ILCS 5/155.31
215 ILCS 5/1204 from Ch. 73, par. 1065.904
215 ILCS 5/1630
220 ILCS 5/8-103B
225 ILCS 10/2.09 from Ch. 23, par. 2212.09
225 ILCS 10/2.11 from Ch. 23, par. 2212.11
225 ILCS 10/2.18 from Ch. 23, par. 2212.18
225 ILCS 10/2.20 from Ch. 23, par. 2212.20
225 ILCS 10/3 from Ch. 23, par. 2213
225 ILCS 10/4.5
225 ILCS 10/5 from Ch. 23, par. 2215
225 ILCS 10/5.1 from Ch. 23, par. 2215.1
225 ILCS 10/5.3
225 ILCS 10/5.5
225 ILCS 10/5.6
225 ILCS 10/5.8
225 ILCS 10/5.9
225 ILCS 10/5.10
225 ILCS 10/5.11
225 ILCS 10/6 from Ch. 23, par. 2216
225 ILCS 10/7 from Ch. 23, par. 2217
225 ILCS 10/7.10
225 ILCS 10/9.1c
225 ILCS 10/9.2
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225 ILCS 10/12 from Ch. 23, par. 2222
225 ILCS 235/2 from Ch. 111 1/2, par. 2202
225 ILCS 235/3.03 from Ch. 111 1/2, par. 2203.03
225 ILCS 235/3.27
225 ILCS 235/10.2 from Ch. 111 1/2, par. 2210.2
225 ILCS 235/10.3
225 ILCS 235/21.1 from Ch. 111 1/2, par. 2221.1
235 ILCS 5/6-15 from Ch. 43, par. 130
305 ILCS 5/5-19 from Ch. 23, par. 5-19
305 ILCS 5/9-6 from Ch. 23, par. 9-6
305 ILCS 5/9A-7 from Ch. 23, par. 9A-7
305 ILCS 5/9A-11 from Ch. 23, par. 9A-11
325 ILCS 5/2 from Ch. 23, par. 2052
325 ILCS 5/4
325 ILCS 5/8.2 from Ch. 23, par. 2058.2
325 ILCS 50/5 from Ch. 23, par. 2285
405 ILCS 5/1-111 from Ch. 91 1/2, par. 1-111
410 ILCS 27/5
410 ILCS 45/7.1 from Ch. 111 1/2, par. 1307.1
410 ILCS 50/3.4
410 ILCS 130/105
410 ILCS 130/130
410 ILCS 170/10
410 ILCS 205/3 from Ch. 23, par. 2333
410 ILCS 625/3.06
415 ILCS 5/17.12
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415 ILCS 65/2 from Ch. 5, par. 852
415 ILCS 65/3 from Ch. 5, par. 853
415 ILCS 65/6 from Ch. 5, par. 856
425 ILCS 45/1002 from Ch. 127 1/2, par. 951-2
425 ILCS 65/9 from Ch. 127 1/2, par. 709
430 ILCS 68/5-20
625 ILCS 5/6-205
625 ILCS 5/6-206
625 ILCS 5/12-707.01 from Ch. 95 1/2, par. 12-707.01
720 ILCS 5/2-5.1
720 ILCS 5/2-5.2
720 ILCS 5/2-8.1
720 ILCS 5/11-0.1
720 ILCS 5/11-9.3
720 ILCS 5/11-24
720 ILCS 5/18-1 from Ch. 38, par. 18-1
720 ILCS 5/19-1 from Ch. 38, par. 19-1
720 ILCS 5/48-1 was 720 ILCS 5/26-5
725 ILCS 5/112A-14.5
725 ILCS 5/112A-14.7
725 ILCS 5/112A-22 from Ch. 38, par. 112A-22
725 ILCS 207/40
730 ILCS 5/3-2.5-95
730 ILCS 5/3-3-7 from Ch. 38, par. 1003-3-7
730 ILCS 5/5-5-3.2
740 ILCS 21/80
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